SUPREME COURT-CRIMINAL SITTINGS.

Southland Times, Volume I, Issue 18, 12 July 1864, Page 3

SUPREME COURT-CRIMINAL SITTINGS.

MoVday, 11th July, 186 i.~ The Criminal ''Sittings- of the Supreme Court -were opened iby. liis- Honor Mr. Justice Chapman, in the hall of . tlie Mechanics' Institute, afc eleven o'clock in the forenoon. Mr. J. S. 'Jb}msft>ne; Vi tiie* Registrar of -tlie Supreme Court, opened the proceedings by reading th^warrantissued;bvHis Excellency the Governor, of New Zealand, appointing His Honor a puisne Judge for the districts "Otago .and .Southland. The Grand Jury was .then empanelled. Thefollow- , in* are tho names :— Theophilus Hcale, (foreman), \ John- Hamilton^ Archibald ■■ Thomas ~ Maning,\'i Charles Rous Marten,- Robert- Budge Marchant, Alexander M'Lure, Charles Stammers Button, George Frederick Richardson, William Francis': Tarlton William ODei Gouge Wood, Basil Mutter, Alfred Beaven,- Archibald Bonar (senior), Archibald Bonar "Gunior}, Jtfineis Dundas, Alexander Dundas, John Grieve. , ... , „.-,- „ -„ .. ... '•*" .Messrs." J. '^- Heriderson^and*Mr; Squires, were i • exempted" from -serviiig on tho juiyV * ', - ■ His Honor then addressed his charge -to the iurv as follows :— Mr. Foreman, and gentlemen of : '" "the -rrand jury/— The* calendar bn the present occasion, though aheavy^ one' in point of numbers is light so far as the offences are concerned. Out of the twenty-five cases'before me on this calendar, no fewer than twenty of them are for offences against property-sixteeh of the twenty being cases of lar"cenv t 7geherallyi;ol the most trifling character, both as to offence itself, and as to complexity of the- evidence to be adduced. Then there is ,, one case of cattle stealing V one of. arson,, 0ne,., 0f., forgery ,ond ■'■one-of conspi&cy to* defraud: only two offences against "the person— one of them being for wounding of a severe character, and the other for malicious wounding. Both arc-not of a very grave nature. Tliere jure two robberies on the highway of a grave character, and there is also one of perlurv. previewing the whole list I find that there- is little to call for.aw remarks from me. I shall only address a few words to you. As ■ ■ you are well aware, gentlemen, Tor what purpose you now attend here, you are.eallpd upon to sit ' upon' an inquest on behalf of your country. You hear no evidence. for tho defence. All that you are required.to do is to, examine >to the. charges brought against the prisoners. If you find, m the • exercise of your functions sufficient evidence against the prisoners to send the case before the ■petty iurv, you will file the Wl— if not, you will I reject'it. " In those colonies, where the institution of trial by grand" juries, does . not exist, it is the custom for some person being appointed to investigate whether tliere is sufficient evidence brought td bear against the accused to warrant him to be subjected to th« ignominy of the dock. In this country the - grand- jury- is that anstrinnent of inquiry. His Honor then explained the functions of juries in civil and criminal cases, and said that -whereas in civil cases the duty of the jury is to weigh both sides of the charge, there is only one side to'weio-h in cases of a criminal nature— and it is the duty of a grand jury, when any doubt exists, to acquit the prisoner. I shall now only ■■' offer a' few remarks on the nature of the ofienees in the calendar. The offence of larceny consists of taking goods out of the possession of another against his will. There must be absolute taking, and intent to appropriate, to constitute a larceny j Very frequently the act of taking is not seen, and conviction, in the majority of cases, depends on the presumption of law arising out of the possession of property recently stolen. Ihe law calls upon the party in possession of such property to account for "it; and if ho cannot do this,; the jury is justified in findmg him guilty. If he can however, the presumption of the law ceases. There is one mm of arson, which crime consists of wilfully setting -fire feloniously to any house, or building, or property. It is not necessarj- that tliere should be burnm<r down, but the setting on fire is deemed sufficient of itself to constitute arson. In the case on the calendar, the budding is a tent, which although some doubt may exist m the minds of some on the point, is a dwelling house within the meaning of the law. The evidence will be found to consist of a threat used by the accused, and the fact of the building being seen on fire shortly afterwards. There are two cases of wounding, m •* one of which some degree of peculiarity is exhibited. There was considerable provocation used, the prosecutor having struck the prisoner on the face .- with his j fists. I think you will see from tho evidence that there was considerable provocation. There had been a sciiflle^durmg which the prisoner " inflicted a wound on the temple of the prosecutor; the instrument being presumed to be a knife ' which was found on the floor at the time It is for you to say whether the wound was. inflicted intentionally, or if it was inflicted in self-defence. If a man struck me, and I punished him in return, more than he could punish me, 1 should be quite justified m doing so ; but a man is not justified in going to extremes If , one man struck another with the' hand another ' cannot in self-defence use a sword. Aou will ' take those circumstancos into consideration, when coming to a verdict. * Those are double cases m wliich the charge of larceny might be substantiated, if the assault were not proven. The twenty-five cases in the calendar are the accumulation of a period of six months. In point of number tne fist is a heavy one, but in point of atrocity, His Hoior could assure the jury that the Province of Southland coidd compare favorably with the other Provinces In after assizes, which will be held more frequently, 'say once in three months, ths calendar will, doubtless, be much lighter. The petty jury -was now duly -empanelled. The case of Reginav. Robert Hogg, for larceny, was the, first brought before the Court. • ... BEMSA 7. HOQ-G. This was a case against Hogg for tho theft of 291bsV of tobacco, from the store of Mr. Mendoza, on the Sth of May. The prisoner pleaded Not Guilty. The prosecution was conducted by Mr. Mac- ~ donald —the- Provincial Government ...Sohcitor. Having shortly recounted the principal features of the case, he- called -, "" John Bell' Thomson, who deposed as follows: I am 7 a detective in the ,: Southland police. I observed the prisoner on. the evening of the Bth - carrying a bag." X watched him, and followed him lie-dropped the bag when I was two or three yards from him. " I asked what he was . domg)with ! iV. He said it was not his dmg, I then collared him, and. took him to the lock-up. The bag and tobacco 7 were produced and identified^-— --■ : ' V >.■ - By His Honor.— Have you any question to ask thewitness?'. - .'; V- V -,'"'- . • „, • ' The prisoner replied that he had a stutter m his speech, and that he. could not utter what he was- desirous of saying. ,•'.'-, Si Mdses : ilendbza' deposed that he missed, on the Bth May, a "piece" of tobacco, weighing between fifty'khd 'sixty pounds. I- recognise the tobacco now produced; as that' which was stolen, from its "■'•very 'inferior Equality.'— . . '■ By His; Honor. do you designate this tobacco? : 'V „ . , , T '■- The- Witness.— lt is used for sheepwash. 1 could not' swear that any other party m tovvn has no tobacco of similar^ quality. I -think there is not - '•'Simeonr Mendoza /corroborated the evidence of his brother. •■'' ■'-] ■' '? ■•''■> '■' '.' •'' '; . . ' „ . . . (There was hb defence on the part of the prisoner. ( '.-' 7 -';-. ■'"'*■'■ ; ;/ / ■-.-. •-' -'Si's ' Honor briefly summed up, and lelfc it to " ! t'o ? cbnfl r ideriwhefcher there^ has been -suffi- •* cient evidence* as-td the' identity of the tobacco i -fohmTiii Hs-(the prisoner's) possession, with that V B taen ! frbm :^emoret6fMr..Mendozaii:,] •'>..' ■'-■>''{ Theiury retired/ and after an absence of twenty mrnutßS,' returned with ;'a* iverdicfc of " Not Ghiiltry." . - -Tlife'prisbneT--Wasthen f ;'V ' / Y ;t! '&'^A i Y^EA^, | YOIi ; IARCE^ ' . ' ''' Tina was'a case of theft of one watch and] one pair scissors, on .the, 28th ;of .January last, from ..MddrbdßbiierVsonran.d. also" a revolver, the pip-:; " perty of ~EC. 'HTogg. " The prisoner pleaded "Not QmyA XIAZPIAAAAAA.AA.A j >-raMT' Macdonald opened the case, and called J:.,mdi*e<Lßobe^ I aima widow, "and reside inLeven-stireefc.. On the : t^stli :^ua^'% n t;-'Ti£wHhe . prisoner on the -inbeng' ! 6f'mt-;p%V^; with one-'Jolinstbhen tlio imiltraan. After he leit,

-which* % wa's" in a few minutes, he returned very tipsy. 1 told liim to go away. -He then threw himself near the door on tho.grass., J then; left the house about twelve o'clock, 5 and came back about an hour after. I locked one door and bolted the other. When I returned I found the door which I had bolted "burst open. I missed: the watch. Tlio watch and chain produced I jean swear, to as. being, the w^atch stolen. .The scissors, likcwiso produced, are mine. •-'• ' -*•■ - : j The prisoner at this stage asked a great many questions, but she rebutted, and denied all j his insinuations reflecting on her respectability. ' Henry Hogg,, deposed. — I _am a tailor, and jwas residing with Mrs. Kbbertson-"on- i tlio"2Btli January. I identify the revolver produced as belonging to me.' .. s ■ . .-, r , ... r ,-■- , i 7 ' By' the 7 Pmbner;— T r 'have 'no'idea^how the. . articles <were put j into., -your, pocket, -v I did not: see you tiiat day "till* I saw yoii on "the grass outside. ... ;.-■>; ...; ■;.-, -...,,, ..- \ -.:.,- ; .-,-. ! Alexander' Dow, deposed. — I am a sergeant of police:/ From information I .received I went to Mrs. Robertson's house, and. found it had been broken into. It was about three o'clock., I/then searched the prisoner, and found the stolen articles in his possession. ... . The. prisoner thon_ addressed thp jury, in hisde- * fence, recapitulating a* history of his -pre'vio'ils 1 good character, and stating that he had no idea how he came into possession of the articles. He had been tipsy, and had no idea iyhat ;was" done . The Judge then summed up briefly, and Sent the case to the jury. The jury returned, a., verdict of Guilty, but recommended the' prisoner to the mercy of the Court, as the jury was not satisfied with the value of the stolen goods, and also on account of the long period he had been incarcerated. The Judge concurred in the verdict of the jury , and sentenced the prisoner to prison for tho period of nine months. Reguna v. Riciiakdson. This was also a case of larceny, in so far as the prisoner is charged with stealing the sum of £7 10s., Ac, from one Jerome Hushion, on the 7th day of February last. - - - The prisoner pleaded: Not G-uilty — Mr. Button conducted the case for the prosecution, in conjunction with the Crown Prosecutor. After briefly sketching the principal features of the case, he called Jerome Hushion,. -who deposed — I was on 4th February a workman on the Bluff Railway. On the evening of the 6th, I resided at the Melbourne and " Ballaarat Hotel, Dee-street. I went to bed and stayed all night. I had seven one pound notes, 10s. m silver, and a penny piece, together with ah order on Mr. Davies for £6 Os. 3d. When I awoke, I found my money gone. The prisoner slept alongside of me. He went to bed at the same time as I did. When I awoke, I missed my trousers from under my head, and found them on the floor, but the money was gone. The prisoner had by that timo gone. I could identify the penny piece. It being produced, the marks were found on it." The order was also identified. By the Prisoner. — I did not tell you the room was dark. I only said the lamp was giving a bad light. D. C Forrester, a detective, deposed that he arrested the prisoner about two and a half miles from town, on the Bluff Road, on the morning of the 7th February. I accused him of the charge, and found six one-pound notes and 2 Is. 61. in silver, and one penny piece. The prosecutor was present, and identified the penny piece. M. Price, Esq., R.M., de-posed that the case was heard before him. When the case was ended, I cautioned the prisoner, and the prisoner made out a statement, which was signed in my presence. The statement set forth that thcorder was got from one John Williams. The prisoner then addressed the jury in his defence, and expressed a de.-ire to have one Benjamin Dane examined — (who deposed that he was one of the cooks of tlie hotel, and that he rose out of bed, in, the same room iv which prisoner slept, at the hour of five in the morning. The prisoner was. not out of bed at that tune). — The prisoner then addressed the jury again. Mr. Button having also addressed the Court, His Honor summed up bi-ieily. The jury retired, '■. aiid found a verdict of Gudty. The Judge then sentenced the prisoner to gaol for one year, with hard labor. EEGIXA V. "WHITEHEAD, run T. \ Ri.'j:NV. This was a charge of the theft of 2.">5., from one Alexander Robertson, on 17th May last. The prisoner pleaded Not Guilty. Mr. Macdonald conducted, the ease for the prosecution. He briefly run over the principal k-a-tures of tho case, and called in evidence aa follows : — Alexander Robertson, deposed as follows : I was at Mr. Davis' Hotel, at Harrisville, on the 17th May last. I went to bed at U o'clock. I had in my pockets 255. or 2Gs. There was a sixpsnee which I could identify. I was awoke during the night by some one calling out to me that a man had liis hand in my pocket. T then looked for my money, but found it gone. It was not in a purse. Out of the money produced I identify one sixpence a.s mine. 1 know it by notches on one side, and by beiug crooked. By tho Prisoner. — I will not swear to the sixpence being mine. By His Honor.— To tho best of my belief it is tho same sixpence that was stolen fron me, but I wotdd not like to swear to it. D. M'Conochie deposed.— l was in Mr. Davies' : Northern Hotel on 17th May. I went to bed about nine o'clock that night. There were three of us went to bed together. I saw the prisoner come into the room about 11 o'clock. I saw him put his hand into the pocket of the prosecutor. I asked him what he was doing there, was he picking pockets ? He said he was not. I called on Robertson, and told liim of the affair. He looked into his pockets, and found all his money gone. He would not call up the landlord, as ho said it was not worth while for all the money that Was stolen. By the Prisoner. — You brought a candle with you into the room. I did not hear or see anyr thing beyond that I saw yoii with your hand in Robertson's pocket. " You had your hand closed; but! did 'not see you put anything into your own pocket. Michael Darcy, a constable- deposed. — I remember tlie evening' of the I7tli May 'last.* I went to Davis' Hotel, and arrested the prisoner. On searching .him the prosqcutoivltobertson, identified a sixpence. as, his. property. . This ended the case for' the Crown. _ ; ' The prisoner addressed the jury, and said there was no evidence against liim. .It was a deep-laid scheme, and characterised the case* as one that shoidd never have passed^ the -police court, and even there it shoidd have been dismissed. V . His Honor, then summed up, and in his remarks said that the verdict would almost wholly depend' ou the evidence of the prosecutor. He (Robertson) wouldnofc swear that the sixpence was his, but he says that to the best of. liis belief it was. It shows an exercise of great caution on his £art, and does not greatly invalidate the evidence. jThe evidence of M'Conochie is also valuable. JThe only ...part. of a doubtful nature-is. the.. fact...ofj themoney stolen not being found on the prisoner. In place of 255. or 265. beiug : found upon him in silver, two half-sovereigns were found, and spine, loose silver, making hi all .some ,235.. .or 245.; ex--, elusive of the large notes, which in all amount to £62 3sV Itvwofild'be for the jury to consider what f motive' a inanf possessed of such a sum, should have, in stealing .theisinall sum ., of 25s.,jand , they Syere bound.to assume that it (the £6235.) vvasliones^ the case in the hands ofthe jury.; >/ . -'.'ii \ "V V v " The jury "then retired-, and Returned with ajverdict of 'NoAQv^SAIAySSSA Sa I The prisoner was then discharged. ' | ESGINA V. -WT EiPHINSTOJTE DTTEDNBY: j •■" -This.was,a:case' of forging :and:u'ttering'a cheque oii the Bajikcof: Neyrj Zealand,. pu^prtingito be issued and signed by a Mr. Theophilus Dailiels, ■ of Riverton. Mr." W." Lind, of the Albion Hptelr was the prosecutor. - *''"r*"' •■*- ■■;." | - Mr. Button, in -conjunction -with the Crown Prosecutor, appeared^for-the prosecution. . ; The prisoner pleaded " Not Guilty." . Counsel having opened fche case, called ■

W A Lmd, of the Albion Ilotol, who gave evideiios similar to .- what wins adduced m , tlio Resident .Qourfc, „on ..the *6th ultimo, but as^itlwas'sd-n^'cently-rte^OTtbUy^ve do not 6on- c eider it necessary, to .repeat it here. : The other vyitnesscs bejng also examined, land Counsel for the Crdw.c'lfa'ving addressed the jury, His Honor summed up, and remarked that there could no>,be, any doubt as,tp the uttering of the chcqxib ;* J biit i niere uttering i 3 not sufficient to enable a jury to convict. It must be uttering with ::guilty..,kuov?ledge. j requires this, -andj the "prisoner* has supplied this evidence. As to; the forgery, there is* no distinct evidence against; the prisonerrand-Lwpijld/Tecomme^d you, gentlemen of the jury, to take into consideration only- the uttering of the clieque in question. - ?"'-The?g"ury then retired";;' aiid returned with a ; j.verclict of Guilty in so far as regards the uttering ofthe cheque. '.•••V: . ■ • \ The prisoner was remanded till Wednesday, ; when he willbe brought up for sentence;;; | The Court thereafter adjourned till ten o'clock to-day. •',-:■ '.'• ] *,! rrr i'