SUPREME COURT.

Southland Times, Volume 2, Issue 2, 14 July 1863, Page 2

SUPREME COURT.

(befork his hcnoe judge gbessoit ) ; Fhidat, July 9tji, 1863. Another era in the history of this Province was marked by the opening of the first sitting of the Supreme Court in Southland, on Friday last. The present Court House being total'y inadequate for ordinary Magisterial business, those who have control of such matters judiciously engaged the Mechanics' Institute for the reception of Mr Justice Gresson, the Bar, Grand and Common Jurors, Witnesses. &c. Considering the circumstances, the Hall bore an admirable resemblance to a properly constructed Court House. An excellent " Bench " neatly covered with black cloth, was erected at j the west end of the building, His Honor's chair being flanked on the left by tho Reporters' table, i and on the right by forms for the accommodation -j of witnesses. Alongside the Reporters' sea!?, the jury-box was erected, and right opposite the temporary domicile of witnesses while giving their j evidence. Fronting the Judge, with his bock to the general public, for whom a convenient spaco had boen railed off, stood the prisoners, in a substantial " dock," immediately in front of which there was ample room for the loci " Bar." Such were the general arrangements, but in common with dozens more, we had a weary waiting before they could be seen. Tt was understood that the Court would be opened at 10 o'clock, and at (hat hour, all the jurors, Common and Grand, with other officials, had assembled to serve tbeir country by cooling their heels for a couplo of hours. Mr Justice Greeson took his seat on tho Bench at half-past elercn. Mr T. M. Macdonald, Provincial Solicitor, as senior member Of the local Bar, addressed his Honor in the following terms : — May it piease your Honor, Before proceeding to the business before the Courl, may I be permitted, on behalf of the members of the Bar practising in this town, to express to your Honor the feelings of gratification experienced by them all at seeing your Honor on this occasion. The want of sittings of the Supreme Court in this town has long been the source of serious loss and inconvenience to the public. The appointment of half yearly sittings to be held in this town, is therefore regarded by all classes of the community with much satisfaction ; and it is a matter of peculiar satisfaction that a judge of such distinguished learning, and one possessing such a lengthened experience as your Honor, should be present on this occasion, to preside at the first sitting of the Supreme Court in this town. In conclusion, on behalf of the members of the Bar, I may assure your Honor that they have every desire to co-operate and assist your Honor in conducting the business of the Court. His Honor replied, that he thanked the members of the Bar sincerely for the courteous and kind address just delivered. The compliment paid to him was not due to him personally, but to the office he held. It was not the less gratifying on that account. The members of the Judicial Bench and Bar of New Zealand had difficult and responsible duties to perform, which were much facilitated by the union of Bench and Bar. Considering the amount of business to be disposed of, he would not oTer nny further observations. The Registrar then read the proclamation dividing the Southern district of Supreme Court, and fixing times and places for Circuit Courts, also the Judge's appointment. The following gentlemen were then sworn into the Grand Jury : — John Dundas, Esq, (Foreman,) Thomas Watson, Esq, George Perry, Esq, Donald M'Donald, Esq, Alexander M'Clurc, Esq, Alexander Jamieson, Esq, Duncan M' Arthur, Esq, William Laurance, Esq, John Clarke, Esq, Colin N. Compbell, Esq, William H. Calder, Esq, James M'Clure, Esq. Archibald T. Mailing, Esq, John Morton, Esq, John Ross, Esq, and Thomas J. While, Esq. His Honor then addressed the Grand Jury as follows : — MR Fo ISMAJT AND GENTLEMEN OS THE GUAXD JUET, — T congratulate you that the wealth and population of your Province have berome so considerable up to entitle it to regular periodical sessions of the Supreme C -urt. The great expense and inconvenience of sending prisoners to Dunedin for trial, must have operated injuriously to the community, by deterring from the prosecution of crime, and must also have paused heavy loss and inconvtnienee to individuals In* compelling them to leave their homes and occupations for long and uncertain periods of time. In civil cases, moreover, injustice must have 1 occurred frequently, from the unwillingness or inability of persons aggrieved to prosecute theiirights before a tribunal so distant and inaccessible. The holding of Circuit Courts here, in pursuance of the Proclamation which you have just hoard read, is a subject of congratulation, therefore, inasmuch as it 'stimulates the exertions of Magistrates and other persons in authority to detect and prosecute crime, and thereby affords to thn community increased protection for life nnd property, and also because it makes justice more accessible — a matter of the utmost importance to a community so rapidly growing in wealth and numbers as the population of this Province. But there are other less obvious, though perhaps not less important benefits derived from the establishment of a branch of the Supieme Court in the centre of a voung colony. I allude to the spirit of ; loyalty and attachment to Home and English institutions which is awakened and strengthened by the frequent exhibition of the manner iu which ' justice is administered in an English court of law. I where the rights of the humblest oi the ■Queen's subjects are as jealously guarded as those of the proudest, and all may rely with equal confidence upon the carefullj considered rules of evidence, and wi&e and humane maxims of law, which arc admirably calculated to discover truth and afford protection against oppression. Gentlemen, — As some of you may not heretofore have acted as grand jurors, I will oxplain to you shortly the nature ol the duties which you have undertaken to perform. You are to inquire and 6tate upon your oaths .as to the prima facie truth or falsehood of certain written accusations, sometimes called indictments, but more properly termed bills, which will be brought before you. . i With the evidence for the defence you hare nothing to do; you only hear that which is adduced on the part of the prosecution. For that purpose you are to examine the witnesses in the order in which their names are endorsed on the bill. Having heard and considered the evidence, you are to determine whether the case made by the prosecutor is so clear and consistent as to justify you in putting the accused upon his trial. If twelve of you at the least be not satisfied upon this point, then you throw out or " ignore " the i bill, as it is called ; that is, your toreman endorses on it the words, "No true bill." On the other | hand, if twelve of you he agreed that the prose- j cutor has made out & prima facie case, your foreman in like manner endorses the , words, " A true bill," and afterwards, accompanied by Irs fellowjurors, carries the so endorsed into Court, and delivers them to the Regiatracy. Gentlemen, I think it better to incur the risk of being tedious from mentioning details with which some of you are probably familiar, than to leave unexplained matters of practice on which others of you perchance might have wished for. information. As a general rule, I may state for your guidance that you ought not to expose the accused to the anxiety and peril of a trial unless there be some evidence of guilt beyond remote probabilities;' and, on the other band, if the evidence be Such as to leave no reasonable doubt on your minds of the moral guilt of the accused, you may find a true bill, leaving it to the Court to deal with any questions of laying the case thut may seem to you to be doubtful or difficult. Gent Semen, the calendar is by no means heavy, i considering the large influx of strangers to the Province cause! by the goldfields. | There are six cases of larceny, one of embc2zlcrnent, one of attempt to commit arson, and one of escape. Larceny is the wrongful or fradulent taking and carrying away of the personal, goods of another without his consent, with intent to convert them to the taker's own use, and permanently deprive the owner of them, without any colour of right to ex j cuse the taking. If the goods were taken by the prisoner in the banafide belief that they belonged to him, or that he had tho owner's permission to take them, or if, without such belief, he only intended, when taking them, to doprive the owner of thorn ■ for a time, aud not permanently; the Inking in any of such cases would not amount to larceny. Where the indictment charges the prisoner with taking more articles than one, the taking of all the goods mentioned need not be proved,; it will be sufficient if the wrongful taking of any. oue of the articles mentioned in the indictment bo proved.

In^ordet to male oiit<! the cliirge of ombezzle-gi ment, you must first be that tho prisoner, pf at the time he took fie moncy^or olher property Jj 'alleged to have been emWezzfedj was clerk or «ervaut<| of the person rained iitithc indictmontas his mas.g| tor or employer; and also that he received the pro-p perty ou a'ramut of *such master or employer 6y <j virtue ivfJiis "employment as such clerk or servant, '4 that is to say, it must bo m the course of the eer- < vant's employment to iecei\e the inonev or chattel l^ embezzled, in order to render him liable. li<£| received the money, or chattel, not being author-p: ised so to do, even 'though the person giving: it be-S iieved that he had such authority, the case is not|| within the statute. '' " '"~ . .6 Listlj, the .fact of the embezzlement by thtm,prisoner must be proved. : The usual evidence ad.||; dueed in proof of this is that the ]>risonei|| never accounted with his roaster for the nttojiey, ot|| other article received, and that he denied his hav| ing rece'ved it, or falsely accounted for it. -Butjj . ?aasmuch as embezzlement necessarily involves! secrecy and concealment, it has been held that if| the act of the servant be one of mere non-pay-|| ment of the money received after having ren -m dered to Ms master a true account of it, such de|| ;. fault will not amount to embezzlement. 1 Thestatule against arson, gentlemen, enact^ "\ that whosoever shrll unlawfully and malicious]j| set fire to, amongst other property, any buW.j|| ing used in carrying on any trade, with int^jpj thereby to injure or defrrud any person, shall begin guilty ot felony, &c.,: andthe statute under whicll|-; the prisoner is- indicted for attempting to com|| mit arson, enacts:—" That whoever shall unlawfuHjS andm lic'ously by any overt act attempt to &4IL. fire to any building, &c; with such .intent^ that ig the offence were complete, the offender would hSJS--guilty of felony and liable to be transported, &cM^ (in the maner directed by the statute agains|i, arson) shall, although such building be not actujjg'.-,; ally set on fire, be guilty of felony, &c." ...... M: To find a true bill, you must ba satisfied there||| > fore that the prisoner made the attempt to set fi«S to the buiding described in the indictment, an|p|'.-; also that the act was done intentionally ; thps.*; intent, of course, is to be judged of in all suclj§|cas"s from the nrisoner's acts. g* Gentlemen, f will not trouble you with ammfurther observations, I hope that you will no^& bo able to deal with the cases that are to conuM before you ; but, should you require assistauß|| from me, I shall be happy to afford it. If.yo^g..--•will now be good enough to retire to your room|S the bills will be sent to you without delay. m The Grand Jury then retired, and on then^return they brought in a true bill against each <ii||. the prisoners presented for trial, with the escep.%| tion of the charge preferred against a man iianierjp Jackson for the theft of a cheque from the persot ?|: of Michael Walsh, and the charge of arson i>re(ei|g red against William M'Tuggart. The finding o||f the jury was accompanied by the following present^ ment : — 'A May it Please your Honor, !g The Grand Jury have desired ms to convoy t(||j. tout Honor their great satisfaction at finding Ui<g§ amount of criminal cases submitted to them to lr|| small and of a trifling nature, aud that your Hona|| is go highly pleased with the condition and arrange-^ ment of the gaol at Invercargill ; and in coticlusioijg to express their deep seusc ot the courtesy displaye^| to them by your Honor. f :!| John Dtjkdas, J| Foreman. ?M Invercargill, July 10, 1863. |§ A common jury having beeu *!-.iipannellcd|| the first case tried was that of John ltourk(|| petty larceny; plea — not guilty.- -M^..Macdonald appeared for the Crown ; the prip| soner was undefended. The prosecutoi|| stated that he was a miner living in a ten-p - near Kelvin-street. Wer.t to bed on th(j| night of the sth at nine o'clock. Whey? awoke in the morning, found the articles pro3| duced were missing. Same clay he saw a mai;^ named Daly smoking a pipe, which was oiv| of the articles stolen. Upon inquiry, disv| covered that Daly had got the pipe from pri|| soner. Search being made the other article^ were found on Daly. These articles con|f sisteel of wearing apparel. The jury returnet j| . a verdict of Guilty, and a sentence was ie|f corded of three months' imprisonment ivit||: hard labor. :; | THEFT VBOM A. TENT. " <£ Peter Dempster pleaded not guilty^ t(| having stolen an opossum rug from a tent ill Ksk-s'trcet. Mr Macdonald for the Crowng| prisoner undefended. |j Timothj Burke said he was a warden oi the gaol. On the 13th May last, was a conl stable of police. Had seen the prosecutor^ John Thompson. Saw him about 11 or h| o'clock, a.m. on the 13th ; saw him. again a'^. 4 p.m. Prom information received, went oa\f as far as the Town Belt on the North Koad| , there saw prisoner and complainer comiiup from a tent. Thompson was carrying a ru»^ < ;it the time. Identities the rug produced ii|| 1 com tas the same. Asked the complainer i^ 1 that was his rug. The anwser was "yes/| Prisoner had said that the rug belonged tuf prosecutor. j ~ This was the case for the Crown. -;| The prisoner who was' undefended, on be. a ing asked if he had any witnesses to produce;! replied in the negative. He then addressc('| the jury to the effect, that every shot in tliCf rug had been made by himself ; explainc^ the number of skins in the rug, and protcstecj , his innocence. || j His Honor said that this was a very simpl § p case, depending entirely upon th* identity cfl o of the iug. As to the shot marks, it wai not an uncommon thing to find such markfif in opossum skins. It was for the jury tj| decide whether the evidence of the proseW cutor, coupled with that of Macklin, waff sufficiently conclusive to establish the progf prietorship in the former, and the theft in tli(S| r j prisoner. The Jury after retiring for a fetff| - minutes for consultation, returned a veraicf^ of Not Guilty. THEFT OF WEARING APPAKEt. g| — The accused in the last case, Pettf| 6( Dempster, was brought up on a second chargf| of theft, and pleaded not guilty. | The Crawn Prosecutor said that the cird cumstances were simple. The prosecut<p fp hud left his tent for a few hours, and on reS J. turning, found missing a pair of drawers an| So a quilt, which he subsequently discovered i| ?u the possession-of the prisonor. ; I Oliver John Macklin Stated that ho was| miner, living in Invercargill. Kemembercl the 13th May; was then living in a tenti| Esk-street. On the morning of the 13t| _£ quitted his tent about nine o'clock in thl j^ morning. Left there ; a quilt and a pairfl drawers, his own property. Being shown | ; pair of drawers and quilt, witness stated th| those were the articles he so left in the teD| — Identified the quilt from the letters A and| R( Ujjon it ; identified the drawers by their har| ing his name upon them. Returned to tb| te^ i. between eleven and twelve o'clocll Found his things missing, together with W 'possum rug of his mate's. Then gave infq# mation to the police. Saw the missing a'® cles with Timothy Burke at four p.m. <$L same day. Prisoner was with him, and the§fflT all proceeded together, to the police statio^^where they examined the apparel. PrisonjS^T distinctly had upon that occasion said that W*^ drawers and quilt were his own property, m Cross-examined by the prisoner: I am sug that the quilt produced in court was the oM T. fetched, as I have just said, to. the police st «su tion. I saw it again the next day in tl be; court. I know it by the marks. It is marki a I with calico. ' F By the Crown Prosecutor : Timothy Burke said he was a warder in tl Invercargill Gaol. On the 13th of May la S__ was a constable of polise. From inforraatit : received, proceeded' in the' : direction of tl % town belt. Saw prisoner as to the drawe : and quilt. Prisoner had said to him fii I that they were his, and. then that they we ' not. The prosecutor's'tent might be abo bai; forty or fifty- yards from the: road.* Pound, t i it a lot of shirts ; in addition, seven or eig \^ pairs of socks, a pair of trousers, acoat,anc / ■ vest. Bundled the, whole vip, and took the 1_ to the station-house. M the tent the p If* soner distinctly stated that. the' 'drawers pr V-j duced were his proporty:S '< -«>• : .:\ £• j n John Morrison said that he was living in jj^ tent in Esk-street T on the 13th May la The drawers -produced in; Gpurtf and U ff| quilt, were.'the propertyuQf. OliyejP Jo) jFiu Macklin. He knew: tbeniv by tlie,mark3J fftj ; and N: on the quilt, and thename^on U |"*?:

drawers,

Che prisoner said that lie had no state Yient nakc. - ■•■■-.-- '■■ ■•■ ■'•;■ "■ ■ ■ ■"' '' li summing up, His Honor said that there Id be little doubt ab mi* -the identity of the p'erfy stolen. ;he Jury almost immediately brought in a diet oi Guilty. [is Honor then said : Peter Dempster, you coWicted upon as cloar evidence as ev r ie before a jury. The jury very properly not think it necessary to retire. Your tence is six months imprisonment, with d labor, •he Court was then adjourned to ten Bock next day. I Saturday, 11th July. B THEFT OF MONEY. ■enry Merino was charged with stealing Ei a box in the priyate room of Mr Lee, j Baurateur, the sum of £90. ■enry Lee said, that he had, on the sth of ! «1, counted a large sum of money which I Had in a box, in the room of his cafe where ! ■ waiter slept. Whilst lie was in the act Mounting the money, the prisioner, who JHun his service as cook, passed the door. Ifoner saw him counting the money. ■t morning witness missed the money, Bjh the prisioner was charged with having Hn. At this time, prisoner said that he «only possessed of £10, which witness got 'suLim from the Bank of New Zealand, and » e d to him less the cost of his board. Of Rnoney stolen there was a half sovereign Bited. This had been done by witness Bwaiter in a competition as to their reBive strength of teeth. Witness having H-ibed how the stolen property was traced, Bbeing cross-examined by Mr South for Brisoner, said : I swear that prisoner told She had no more than jEIO in his possesB At one time I lived with prisoner in Bier house for two days. He never men- •» Bd to me the name of the French Consul Be bourne. Got a £10 note for him from Bank of New Zealand, and gave him £8 Bhn change, deducting for his board. I Hot swear to the identity of the bank H Can swear to none of the money pro- ;», w ith the exception of the indented . Sovereign. H South : Take the half sovereign in your 5, and say distinctly whether that mark Be chin is a bite or a cut. fitness: I swear that it is a bite. Did Siy to Sergeant Chapman that the white '> Bkerchief in which a portion of the money Biced is wrapped, would serve purposes Bntification. At the lock-up first identi.'She half sovereign, and subsequently in Bolice Court. I think I said at the lockBat there was about L2O in gold amongst Honey stolen. Do not think I said there '■'Ho much as L3l. I did not occupy my B bed-room, which is called the waiters' •> Bon c ' ie n 'S nt of the sth, though there n sum of money there. It was in a box, a, Hleft the box unlocked. I keep a boardj Souse. There were, on the sth, two ftmen boarders in the house, and three Hits, exclusive of the prisoner. These nonis were on the same floor. Saw the |r conduct the board e>s to bed, as they c- fflicw to the place. The servants could ra ijhad access to the room in question, in Phillips was the name of the waiter 0 lit the half sovereign. I told prisoner U " il e mv serv * ce > because I had seen him t^ al Found him on the morning of the aid had him searched. He submitted Brlv. After the money Mas missed, I mm his wages, though I suspected him. a) lock-up, I remarked to sergeant Chap Lj« and to constable Tooey, that the hand■ef in which the money was deposited. 12 over earth. Am certain that when I -^ Iw prisoner he did not tell me that he ' "T»2. I think he asked me to take him iy service. He has never on any occaftnt me money. I never was in the ftrs service. I was once in the same 9 with him. I distinctly say that the - ivereign had been bit, not cut. j lie Court: Before I went to the lock-up » t led the half-sovereign t.i a constable, ftk of the box in wlrch tl;e money lay, lon the 6th forced. It would not re•uch force. It appeared as if a lever a *n put under and the hasp forced up * I inmates of my house on the night of % were searched on tlie Gth. Die Crown Prosecutor: is Joseph Tooey said that he was a lie of Police. He remembered the 10th Bril. Had seen the prisoner on the In of ;that day. Was on duty about k* fthe evening, in Dee-street. Saw the I come out of the bush between Don iy-streets ; ran after Irm, and when he ■rly overtook, accosted him, and said, \ mate,you'r making a late start." He ,'. I answer, but threw his swag from I ran into the bush. Pursued and ==:: w. him in the scrub. He violently reliy attempt to capture him with a i llagger or some steel weapon reft; a dagger. He broke away. Again jr liirri and succeeded in effecting his _ § Then brought him back to his InU from that to the station-house. W fcm carry his swag. lie tried again way. At the police station searched Irgeant Chapman and the Commisfcr Weldon, and Mr Lee, were present. F~" lie money produced in Court. Money I ounted to L6B 7s. 6d. The money h;is I " y possession ever since. The silver I iped in the handkerchief. Found I the breast-pocket of a coat, and I pair of shoes whieh were in his I ie silver was in his travelling bag I med a portion of his swag. When I und the handkerchief, it was in the I Ie as now. Mr Lee at the lock-up I I handkerchief and half-sovereign I I He identified the handkerchief I . ■, 1 being torn from the hemming, and I fcvereign by the mark of teeth. I kamined by Mr South : On the I I the 10th it was very dark. I lalf-past eight saw the priI iisoner was going west. I was on 1 BAt first prisoner was approaching I Ihen he turned off. The instant I I Jp and accosted him, he threw away I . .|he made no reply ; he did not say . I sine, " I'll give him a run." I beI -ftd that he was going to a friend's I Irfused to accompany him to his I Pt. The weapon he threatered me I lot a stick ; could not say whether I fced hi3 knife before or after I had I |h him j thought it was steel from I . rl; did not see him throw away or I ijlly find the wer pon. Had to drag I ,1 station. There might have been I i| e handkerchief. j Irt objected to the "might have j mof evidence; there might have I lon the handkerchief, or gold or I jtonor: Could not swear to there I li on the handkerchief. ReI m finding of £7 10s. Don't reI iiether Mr Lee said anything to I l a larger sum ;am almost cerI ■^ r Lee identified the half-fcove-I k! u '^ not swear to » r ee dm I Bny hearing that the money did I fto liini ; I did n' t point out the I En to Mr Lee. Did not see the I jpff prisoner's back; never stated I ■ so, meant the other thing. .£6B I we sum found on the prisoner at I I; Lee never said to me that he I .wKer sum. 1 .ItliCD addressed the Jury for the I >B>e bar. His unfortunate client I '■ e sa d vantage of being a I -Mut he hoped and felt confident \ .-/lands of a British jury, the same ilj be dealt to the alien as to the r |was in the power of the prisoner L • lUenged six of those now cni- , iSST .':':W f ' to have been tried by a jury, ■_v«nbers of which were alien*, but i-ifrtd to throw these obstacles in .. : jlheir procedure, feeling confident

Wr-

of even-handed justice. Mr South then recapitulated the evidence, dwelling upon the vague identification ot the half sovereign. In fact, there was scarcely a/ coin in circulation which had not a mai k of a very similar nature; and were this half sovereign examined with a glass, he felt confident that the mark would be discovered to result from a cut, and not from a bite. He touched upon the willingness with which the prisoner had submitted to a search. — upon the prosecutor paying his wage 3, when, as he said, he had suspicions — upon some other p.rsons, whom Mr Lee called gentlemen — God knows "who they were — who slept in the house on the night of the sth. Then again, on the night of the 10th, it was profoundly dark. How could the policeman, Tooey, swear to the brandishing of a dagger ; and even had this dagger been so brandished, it might have been from the momentary terror, caused by the turning up of a policeman. As to the handkerchief, there "was a direct contradiction. Lee swore to there being earth upon it, and the policeman to the contrary. If the Jury had the slightest doubt upon their minds, they were bound to give the prisoner the benefit of it. His Honor summed \vp at considerable length, going most carefully over the whole evidence. As to the discrepancy in regard to the earth on the handkerchief, he did not consider it material. In fsict, he considered that sometimes these discrepancies conduced to prove the truth of a case, in showing that there was no underlying scheme — nothing made up. And besides, the human memory has never been found to be perfect. The Jury, after a short consultation, found a verdict of Guilty ; and His Honor pronounced the sentence of twelve months' imprisonment in the gaol of Invercargill, with hard labor. THEFT OF MONEY. James Russell pleaded not guilty to this charge. Mr Harvey appeared for the prisoner, and Mr Macdonald for the Crown. The Crown Prosecutor shortly sfca.ed the facts of the case. The prisoner was accused of stealing fifteen sovereigns, two half-sove-reigns, and Gozs 12dwts of gold ; the prisoner and prosecutor had been in company in Invercargil', and set out together for the Bluff. On the road they put up at West's accommodation house ; they slept in one room. Prosecutor, on rearing to bed, placed his money in the pocket of his trousers, which garment he deposited undei his pillow. There was no other person sleeping in the apartment save the prisoner. In the morning the trousers of both, with the money, were found missing Prisoner immediately started for town to give information to the police. Shortly afterwards the prosecutor found his trousers, but without the money. In Invercargill prisoner was seen at a bank tendering gold for sale, which gold he was prepared to prove was that belonging to the proscutor. Dennis Keogh said that he resided in Invercargill ; he knew prisoner by sight Recollected the 9th of April last ; saw prisoner on that day close to the Union Bank ; he asked witness the time of day, and they both wen into the bank, where prisoner asked the pric of gold ; tlu-y then went together to the Bank of New South Wales, where witness sold .£l4 12s wonh of gold; the prisoner was present when he received the money, which was in the form of fourteen sovereigns, one half-sovereign, and two shillings in silver ; had also in his possession 6ozs ]2dwts; four ounces was the quantity he tendered for sale ; being shown some gold, said " the gold produced is the same sample as that which I had about me at the time just referred to ;" there are three bits in that sample the same that I described to the police - officer. One had a bit of quartz adhering to it —the oMier had a hole, and the third was a long crooked pe-' culiar shaped piece ; had that* gold constantly about with him for two months ; had seen it often ; both started together for the Bluff ; witness got to West's public house a little before the prisoner ; had supper together ; about nine both went to bed in same room ; in my trousers pockets there I were 6oz. gold in a chamois-leather bag. j and 12 d \vt in a calico rag in the purse where i were 15 sovereigns, 2 half -sovereigns and some shillings ; laid trousers under his pillow with a blue shirt, and laid his head on the pillow ; prisoner threw his clothes on the floor between the two beds, and turned in ; prisoner's bed was about three or four feet from his ; ihere was no one else in the same room ; he scarcely slept at all ; just as he was dozing off to sleep, he heard a sound as if a door were opened and shut ; could not say whether it was the door of his room or not ; did not remember hearing footsteps ; awoke about 20 minutes before daybreak and missed his trousers ; searched the bed all over and could not find them ; then looked for prisoner's trousers and they too were not to be found; prisoner appeared to be asleep. He roused him. H ■'■ said not a word. Witness said they must go and search the rooms before there was any noise. Searched and found nothing. There were two doors locked. Prisoner, about daylight, said ho would go and lay an information with the police. Witness asked the landlord if lie would allow him to search liis room, and he B'iid " No." However they searched, and found nothing. Af ' er breakfast found his trowsers outside the public house door, about n few yards from the door. The room in which they slept had a window. Could not see the troussrs from the window. When ho found the trousers he put them on. There was nothing in the pockets. B <th the trousers wore lying together. Looked into the poekots of pi-i-SJDer's trousers, and there saw a small silver chain, some trifles, and a sixpence Stopped at the public house till a trooper urrived. Prisoner returned with the trooper. Searched the house again and found nothing. The landlord then gave witness in charge for abusive languige. A week after, being in the offico, the trooper eamo for him. Ho went to tho Union Bank with him. The gold was then produced by the manager of the bank and a clerk. He (witness) said the gold was his. Then went out. a few yards and met the prisoner. Prisoner said nothing to him. The policeman then accosted him. Prisoner, police officer, and I returned to the bank. The manager said to prisoner — " This is not your gold." The gold which witness saw then was similar to the gold produced in Court. Had had a little experience in gold. Has worked off and on diggings for the last twelve years. His Honor : Do you call that only a little ? Witness : Yes. Had been accustomed to handle gold. Swears to the three pieces. First saw prisoner at Fox's rush, working in the river. Was a shipmate of his. Had seen him off and on. Could not speak to his circumstances. Could not say whether he had gold or not. Cross-examined by Mr Harvey: Have known prisoner eight or ten months. As far as I have seen, he was a steady, sober, working man. Ho was not in my company quite the whole way to West's. On the wny had a smoke, and prisoner went into tho bush. The night we slept at West's there were eight or ten lodgers in the bouse, all strangers. One man slept in the room adjoining prisoner and self. The dooi: of the room where I slept was not locked — in fact, it was a little open. I am certain that the money was in the pocket of I my trousers -when I put them under the pillow. Between two and three or three and fonr heard the noise of the door. Was dozing off to sleep at fchafc time. Fancy I heard prisoner turning up ot that time. Can't say that 1 felt him about my head. After one or two had been roused up, prisoner said it was best to awake the landlord. At this stage of the cross-examination, Mr Price, the Resident Magistrate, wag sworn as to prisoner's deposition before him, and Mr Johnston, tho Registrar, read an extract therefrom. Cross-examination continued: Did not say that prisoner, directly wo discovered tho loss, snid, "Let us arouse the landlord." We searched the rooms before it was quite daylight. Did not search abore eight or ten minutes. I told him that he had better go up to town for the constable. He went, and three or four hours afterwards returned with a policeman. Discovered my trousers three or four yards from the wall of the house towards the Bluff wny. Gold is. vnried a good deal— some smooth, some water worn ; lam sure of tho identity of the three pieces, because I have known them so long. Have often noticed the bit with tho quartz. The gold was produced ina6coopat. tho bank.

• By the Bench : In all my experience never saw .three bits of gold like those now produced. Upon consideration I am positive as to two, but cannot ' swear to the third. By the Crown Prosecutor : William Edward Surry : Belongs to the police force. Recollected the 16th April last; saw prisoner on that day. Saw him pass and reprss tho Union Bank. He then went into a sho . nnd purchased a new cap; wont to where he was lodging, and returned to the bank, looking in at the door. Followed him in, and vi ' him offer some gold for sale. Identifies three •- ' 'ces. Swears to gold never having been o '.fc of h' possession since handed to him at the bank. Believes that three of the pieces are the same as he saw tendered by the prisoner. Cannot identify the three p?eces as those offered by the prisoner for sale. The gold produced is similar in appearance to that offered by the prisoner for sale. Upon that occasion called the manager on one side, nd then fetched Keogh to the bank. JBo then said the was his. When witness went out to fetch prosecutor, the gold was placed in a sc-op behind the counter. When returned with prosecutor, the gold was banded by the manager from a scoop behind the counter. It was handed from the same corner. Found the prisoner in Tuy-street. • Brought him to the bank. Told the manager that he (witness) had apprehended the prisoner for stealing the gold. Took the gold away, and has had it in his [josscssion ever since. Imngincd the nuggets were arger than they were from the description given by prosecutor. By tho Bench : It was from his description that they were " little nuggets," that I imagined them to be larger. Mr Harvey addressed the Jury for tho prisoner, that the case against his client was altogether one of too hard swearing. The prosecutoifirst swore to the three pieces of gold, and then t.» only two; and the constable who apprehended him appeared to be ready to swear to any thin,' and everything. He then shortly recapitulated the evidence. His Honor summed up briefly, and after a short deliberation, the Jury returned a verdict of Not Guilty, and tho prisoner was discharged. Monday, 13th Jclt. The Court met at eleven o'clock. Thoro was only one case for trial — that of William Iznor, for ernbrzzloment. It was speedily disposed of, the Jury returning a verdict of Not Guilty. This case closed the Criminal Sil tings, and at 12 o'clock the Court adjourned.