SUPREME COURT.

Southland Times, Volume I, Issue 20, 16 July 1864, Page 6

SUPREME COURT.

CRIMINAL SITTINGS. Monday, 11th Jtjit, 186*. .The Criminal Sittings of the Supreme Court ■were opened by His Honor Mr. Justice Chapman, in the hall of the Mechanics' Institute, at eleven o'clock in the forenoon. "Mr. J. S. Johnstone;. tho Registrar of the Supremo Court,- opened the proceedings by reading the warrant issued by His Excellency the Governor . of New Zealand, appointing His Honor a puisne' Judge for the district of Otago and Southland. The Grand Jury was then empanelled. The follow-; ing are the names : — Theophilus Heale, (foreman), John Hamilton, Archibald Thomas Mailing, Charles Rous Marten, Robert Budge Marehant, Alexander M'Lure, Charles Stammers Button,' George Frederick Richardson, William Francis Tarlton, William De Gouge Wood, Basil Mutter, Alfred Beaven, Archibald Bonar (senior), Archibald Bonar (junior), James Dundas, Alexander Dundas, John Grieve. Messrs. J. R. Henderson, and Mr. Squires, were exempted from serving on the jury. His Honor then addressed the Grand Jury, giving a brief resume of the causes iv the calendar, and commenting on the nature and number of the offences, which, he said, compared very favorably with those of other Provinces. The petty jury was now duly empanelled. The case of Reginav. Robert Hogg, for larceny, was the first brought before the Court. ItE&INA V. Hoa&. This was a case against Hogg for tho theft of 291bs. of tobacco, from the store of Mr. Mendoza, on the Bth of May. The prisoner pleaded Not Guilty. The prosecution was conducted by Mr. Macdonald, the Provincial Government Solicitor. Having shortly recounted the principal features of the case, he called John Bell Thomson, who deposed as follows : I am a detective in the Southland police. I observed the prisoner on the evening of the Bth carrying a bag. I watched him, and followed him. He dropped the bag when I was two or three yards from him. I asked what he was doing -with it. He said it was not his . bag. I then collared him, and took him to the lock-up. The bag and tobacco were produced and identified. Moses Mendoza deposed that he missed, on the Bth May, a piece of tobacco, weighing between fifty and sixty pounds. I recognise the tobacco now produced as that which Avas stolen, from its very inferior quality. By His Honor.— What do you designate this tobacco ? The Witness. — It is used for sheepwash. I could not swear that any other party in town has no tobacco of similar quality. I tliink there is not. Simeon Mendoza corroborated the evidence of his brother. There was no defence on the part of the prisoner. His Honor briefly summed up, and left it to the jury to consider whether there has been sufficient evidence as to the identity of the tobacco found in his (the prisoner's) possession, with that stolen from the store of Mr. Mendoza. The jury retired, and after an absence of twenty minutes, returned with a verdict of " Not Guilty." The prisoner was then discharged. KEGIKA V. ZBALY, POB, LARCENY. This was a ease of theft of one watch and one pair scissors, on the 28th of January last, from Mildred Robertson, and also a revolver, the property of R. Hogg. The prisoner pleaded Not Guilty. Mr. Macdonald opened the case, and called Mildred Robertson, who deposed, as follows : — I am a widow, and reside in Leven-street. On the the 28th January last, I saw the prisoner on the morning of that day. He came into my house with one Johnstone, the milkman. After he left, which was in a few minutes, he returned very tipsy. I told him to go away. He then threw himself near the door on the grass. I then left the house about twelve o'clock, 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. The watch and chain produced I can swear to as being tho watch stolen. The scissors, likewise produced, are mine. Henry Hogg, deposed. — I am a tailor, and was residing with Mrs. Robertson on the 28th January. I identify the revolver produced as belonging to me. Alexander Dow, deposed. — I am a sergeant of police. From information I received I wont" 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 then addressed the jury, in his defence, recapitulating a history of his previous 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 what 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 the period of nine months. ItEGINA Y. lUCHARDSOJf. This was also a case of larceny, in so far as the prisoner is charged with stealing the sum of £7 10s., &c, from one Jerome Hushion, on tho 7th day of February last. The prisoner pleaded Not Guilty — Mr. Button conducted the case for tho 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-sfcreet. I i went to bed and stayed all night. I had seven j one pound notes, 10s. in silver, and a penny piece, together with an 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 time gone. I could identify the penny piece. It being produced, the marks were found on it. The order was also identified. D. G. Forrester, a detective, deposed that he arrested the prisoner about two and a half miles from town, on the Bluff Roacl, on the morning of the 7th February. I accused him of the charge, and found six one-pound notes and 245. 6d. in silver, and one penny piece. The prosecutor was present, and identified the penny piece. M. Price, Esq., R.M., deposed 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 the order was got from one John Williams. The prisoner then addressed the jury in his defence, and expressed a desire to have one Benjamin Dane examined — (who deposed that he was one of the cooks of the hotel, and that he rose out of bed, in the same room in which prisoner slept, at the hour of five in the. morning. . The prisoner was not out of bed at that time). — The prisoner then addressed the jury again. Mr. Button having also addressed the Court, His Honor summed up briefly. The jury retired, and found .a ver&ct of Guilty. The Judge then sentenced the prisoner to gaol for one year, with hard labor. REG-INA T. "WHITEHEAD, FOB LABCENTV This was a charge of the theft of 255., from one Alexander Robertson, on 17th May last. The prisoner pleaded Not Guilty. Mr. Macdonald conducted the case for the prosecution. He briefly ran over the principal features ■ of the case, and called in evidence as follows : — ■..■.-... :'. r '-"- ■ .■■":.■■'■; ". j Alexander Robertson, deposed as follows : I was at Mr. Davis' Hotel, at Harrisyille, on the 17th May last. I went to bed at 9; o'clock? I : : hadin mypocketß 25b. or 265. 'There was a Bix-> p»nce: which I could identify. I was awoko

during the night by some one calling out to me that a man had his hand in my pocket. I then looked for my money, but found it gone. It^vas not in a purse. Out of tho money produced I identify one sixpence as mine. I know it by notches on one side, and by being crooked. By tho Prisoner. — I will not swear to the sixpence being mine. By His Honor. — To the best of my belief it is the same sixpence that was stolen iron me, but I would not like to swear to it. D. M'Conochie deposed. — I 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. - 1 saw liim ' put his hand into the pocket of the .prosecutor.; I asked him what he was doing there, was lie' picking pockets ? He said he was not. I called ohj Eobertson, and told him of the affair. He looked' into his pockets, and found all his money gone.- i He would not call up the landlord, as he 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 anything beyond that I saw you "with your hand in 1 Robertson's pocket. You, hadyour f hand- closed/ but I did not see you put anything into your own pOCket. : . .■■•■. ■.-, •-'.*,-,-; ;..-.''■ ■■■-.•;•-'. TuiT . { Michael Darcy, a constable, deposed.; — Xremem--bet the evening of the I*7 th May last. I went to Davis' Hotel, and arrested the prisoner. .On searching him the prosecutor, Eobertson, identified a sixpence as Ms property. ... \ This ended the case for the Crown. , ; ,-;; i The prisoner addressed the jury,, and said there was no evidence against him. It was a deep-laid scheme, and characterised the case as one that should never have passed the police court, and even there it should have been dismissed. : , « s j His Honor then summed up, andon Ms remarks' said that the verdict would almost wholly depend on the evidence of;, the prosecutor. ■ The jury then retired, and returned with a verdict of Not Guilty. : The prisoner was then discharged. c ' EEGUNA V. "W. EI/PHINSTOJTB DUEDOT3T. ■ This was a case of forging and uttering a cheque on the Bank of New Zealand, purporting to be issued and signed by a Mr. Theophilus Daniels, of Eivcrton. Mr. W. Lind, of the. Albion Hotelj was the prosecutor. ', Mr. Button, in contraction with the Crown Prosecutor, appeared for the prosecution. The prisoner pleaded " Not Guilty." . j Counsel having opened the case, called , W. A. Lind, of the Albion Hotel, who gave evidence similar to what was adduced in the Resident Magistrate's Com% on the 6th ultimo, but as it was so recently reported, Aye do not conr sider it necessary to repeat it here. ' : The othei' witnesses being also examined, and Counsel for the Crows having addressed the jury, His Honor having summed up, The jury then retired, and returned with a verdict of Guilty in so far as regards the uttering of the cheque. The prisoner was remanded till Wednesday. Tho Court thereafter adjourned till ten o'clock next day. TuESDAr, 12th July, 1864. (Before His Honor Mr. Justice Chapman). His Honor took his seat on the Bench punctually at ten o'clock. "WOUND IXG, "WITH INTENT. John Clark was placed in the dock, on the charge of wounding, with intent, the person of Patrick Finnigan, on the 21th day of May last. There were two coxints in the indictment — the first being for maliciously wounding, with intent to maim ; and the second, for wounding the prosecutor, Patrick Finnigan, on the day above-men-tioned. The prisoner pleaded " Not G-uilty." Mr. Macdonald, Crown Prosecutor, opened the case for tho prosecution, and in charging the jury said if the charge of felonious intent were not brought home to the prisoner, the evidence which would be adduced would clearly substantiate the misdemeanour of unlawful wounding, whether with intent or not. He then called Patrick Finnigan, who deposed, I am a boarding house keeper. The prisoner resided in my house on the evening of the clay iD question. There was a disturbance on the occasion, and I asked prisoner to go to bed. When in the scuffle I felt myself wounded on the side. I became unconscious after having " sung out " to my wife that I was wounded. By His Honor. — I was attended by a surgeon in consequence of the injuries inflicted on me. By the prisoner. — I have known you for about twelve months. I believe there was some singing in my house that evening. You and I had been drinking. I don't know if there "was dancing. I was not drunk afc the time. I don't think you told me that you had paid my wife your bill. I did not have you down on the floor by the throat. I did not see a knife in your hand. Ann Finnigan deposed that she was the wife of the last witness. On the night of 24th may last I saw prisoner taking a knife out of his pocket, and stab my husband in the side. After that prisoner sat down, and said " I have done' it," and a serjeant was called in and took him into custody. John Purcell deposed that he was a constable. On the evening of 24th May, he went to prosecutor's house and found him lying on the bed. He showed me where he was stabbed. Clark was in the next room. I got Clark in custody, and took him to the watch-house. I found the knife produced in his pocket. When I apprehended him, he said " I am the man you are looking for." i Dr. Deck deposed to being called in on 25th ! May last to prosecutor. I was called in professionally. Found him suffering from a punctured wound in the right side. It was about an inch deep. It waa such a wound as might have been | caused by the knife produced. I was called in about five o'clock in the morning of the 25th. The wound was inflicted under the eigth rib, and in a' very dangerous part. Tliis was the case for the Crown? The witness, Patrick Finnigan, was recalled. — I took the prisoner by the collar in the scuffle, in order to put him out of the house. By His Honor. — I have been drinking a little , this morning. ' The prisoner addressed the jury, stating that if any wound were inflicted it had occurred quite accidentally. He had been filling his pipe at the time, and a knife was in his hand, but he was quite unconscious of any injury being inflicted; on the prosecutor. His Honor summed up. The jury, without retiring, returned a verdict of "guilty of unlawfully wounding,", and accompanied it with a strong recommendation to. the leniency of the Court, on account of the great provocation received. His Honor, in consideration of the recommendation of the jury, said he would pass what he considered a very mild sentence, and accordingly, sentenced the prisoner to be confined in a gaol'for the period of six calendar months, -with hard^ labor. .-/■' : . ; 1 FERJTJBY. ; v Marcus Gunn was arraigned on the charge of perjury, committed in the Resident Magistrate's Court, on the 28th day of January last, before M. Price, Esq., R.M. Mr. S. M. South appeared for the prisoner, and Mr. Button, in conjunction with the Crown Prose-, cutor, conducted the prosecution. , • The prisoners pleaded " Not Guilty." Mr. Hutton opened the case with a few remarks on the nature of the crime of perjury. , He remarked also that it was the first case of perjury which had been tried in the Province, and dwelt also on the grave nature of the consequences of the offence with which the prisoner is charged. Counsel then sketched the principal features of the case, after which lie proceeded to call the witnesses as follows : — Matthew Price, Resident Magistrate, who deposed. — I have authority to try civil cases to the amount of £100."-' Khave, in trying such cases, authority to administer.- oaths. I tried a case 'between "Gunn and.M'Kenzte and D. M'Robie. The .prisoner, was lone, of jthe- defendants. He vraß ewom on the Evangelists to " speak the truth, th»

whole truth, and nothing but the truth." jj^ action then was to recover the price of bread sup, plied, and it became a material point of evidence to know as to prisoner being in partnership -with the other defendant, M'Kenzie. I "will read tho evidence I noted down at the" time, which states that the prisoner said he was not a partner in the store -with M'Kenzie. He did' not know of bread being delivered at the store, and was never prg. sent when bread was delivered ; and also, that he was not aware of twelve loaves being sent by the plaintiff M'Eobie, to the store. By By Mr. South. — Tho verdict in this action 8 for tho plaintiff. The evidence of the plauftiff., S : showed that ho (M'Eobie) had seen Gunn at B various times at the store. B John Hare, clerk to the Bench, produced the B record of the Court on the 28th January, B Tlie case was, . that of M'Eobie v. Gumi * and B M'Kenzie, for £6,- for goods sold and delivered, < B The Eesident Magistrate invariably administered B tho oaths to witnesses. I have done ao, but in B presence of the magistrate always. B D. M'Eobie deposed to being a bakor in Esfc B street, Invercargnl. I laiow the defendant, B Marcus Gunn. I know Alexander M'Kenzie ; h« H jo a contractor. I supplied the firm of Gunn and B M'Kenzie with bread, J made the contract with B Gunn. I went to the store with bread. I saw B M'Kenzie. Gunn wa3 not there. - Stopped B till he came. : M'Kenzie, in his presence B and hearing, pointed out- G-unn to me as B his partner. Gunn did not deny it, or make any B remark. I then made an arrangement to supply B them with bread. I arranged with Gunn himself, B but both were present. This took place in Gunn B and M'Kenzie' s store, or tent. After thiß bargain, B I gave bread to Gunn personally, and to tho B store. On one occasion, I gave bread to him B when he was on horseback. This was in Septem- ! ber or October last. I don't know the number of ■ loaves then' delivered to him. Alex; M'Kenzie deposed as: follows,:— I was in : partnership with the prisoner at the bar in October as road contractors. We liad a store in connection with the work. We found this necessary to supply the workmen with provisions, including bread. The store was opened after the contract was begun. Gunn said it would it would be necessary to open a store, and asked meabout it. I offered no objection. The partnership existed to the end of December, 1863. We got our bread from D. M'Eobie. When 'we- made the bargain for his supplying us," he came to the store, and waited till Gunn came in, when I told M'Eobie he (Gunn) was my partner. " This was in Gunn's hearing. \ Htnry Smith deposed to having'dealings at the store. On going to settle my account, I saw Gunn ; M'Kenzie was in town at the tune. Gunn did not take payment, as he said his partner kept the books. | Cross-examined.— The agreement between the i baker and Gunn. and M'Kenzie,waß-made in my presence. . Gunn was almost always,bn,the works, ; and M'Kenzie in the store. There was frequent " shouting ;"" in the store. I have goib'aa much at a bucketful." Mr. South.-— And were you in a fit state then, to recollect what took place? ' "'■"' -_ . Witness.— l was always sensible. His Honor. — I suppose they do ' not - trouble Her Majesty for a license up there? (Laughter). Witness.— No, your Honor, it- 1b a sly-grog shop. (Loud laughter^ which was* immediately \ suppressed.) ' . , >■.--■••- • . ■ This ended the ease for the prosecution. Mr. S. M. South now addressed, the jury for the prisoner. . ' ■ His Honor briefly summed up, after carefully recounting all the evidence adduced. The jury retired, and after, an absence of about an hour, returned with a .verdict of. Guilty on the I second assignment of the indictment, that the pri- I soner had knowledge of thebread being . supplied I to the store. . . ■ The prisoner was removed, to be brought up ■ next day for sentence. v 1 IuAJECENX. i) M Benjamin Dane was brought up and charge™ fl with the above offence, on the 24th February la*sfti ;l Mr. M'Donald condvicted the case for the prose- M cutiori. ■ " • ■ Tlie prisoner pleaded "Not Guilty." a Evidence was called as follows : — ■ Samuel Potter deposed toseeing prisoner on the I morning of 24th Eebruary. . He was in the act of I going out of the back door % of my house with an I opossum rug. I did not know the contents of the rug, I did not at the time know whose property it was. It was in my custody. I asked the prisoner what he was doing there. He hesitated for a moment, and afterwards said he wanted some "lollies." When arrested, he struggled and was very violent. He struck me twice. . i Eichard Eichardson deposed to identifying the • opossum rug as his property. . . He. left it in Pot- I ter's possession. He authorised no one to call for I it. He did not know prisoner. " Never saw him, I to my knowledge, till I saw 'him in the Eesident Magistrate's Court. W. S. Farley, a constable, deposed that, from information he received, he arrested the prisoner in Potter's house, on the 24th February, on the charge of larceny. Prisoner's boots were off, and outside the door. The prisoner made a few remarks to the jury. His Honor then summed up very shortly, and I said he had nothing to say on the case, and left it I in the.handsof the jury. I The jury, without retiring, returned a verdict of "Guilty." , The Judge sentenced the prisoner to be confined in jail for the period of four calendar months, with hard labor. i Owen William: Evans, for" stealing money, on the 17th day of May, from Charles Francis, was now placed in tho dock. "' The prisoner pleaded "Not Guilty." .. The Crown Prosecutor opened the case for the prosecution, and said; that- the only difficulty would be in bringing forward proofs as; to felonious j intent. /■•■■■•■ ! Mr. Charles Francis deppsed that he was taken to the Police Office on- a charge of assault; thafc he had £25 in notes in the Police Office on the 27th day of May. ■ I had my hand on. the money in my pocket; I put the money, as 1 1= thought, more securely between my trousers . and drawers. When I was searched in the Police Office, I was certain I had the money about me. Tho prisoner was close beside me. The £10 note produced is the pne I lost. " I know it from a' piece of paper gummed by myself on the back of it.*- (■ _ -> Cross-examined by Mr. Button, for the defence. — I believe it was likely that the notes would have fallen out from the place where I put them. John Wm. Chapman, sergeant-major of thepolice, said he saw the prisoner on the 17th. On warrant at the instance of Messrs. Francis and Spurling I arrested him. I searched Francis and found on him 17s. in silver. 'On ' Williams I found a tobacco knife. Afterwards on the prisoner was found a roll of notes between his shirt and flanneL They consisted of one £10 "note, and three £5 notes. I asked him in the presence of Erancis where and how Jie got it. He said "from no one." He shortly afterwards stated that he had got the money from a woman. I asked what woman ? He gave no answer. ' Francis Simpson gave corroborative evidence. M. Price, JSsq., E.M., read a statement which had been made before iim' at the Eesident Magistrate's Court, which? stated 'that he (the prisoner) had found the money on the floor when taking off his boots at the request of the police. He had . put the money into his clothes, and had not had an opportunity of speaking to Mr. Francis on the subject. Mr. Button addressed the jury for the defence. His Honor then summed up, after remarking that there was one peculiarity in the case which would require careful consideration. He explained the evidence and the various arguments brought to bear by the counsel for ths Crown, and left tlie case in the hands of the jury. • The jury, after an absence of ten minutes, returned with a verdict of Not' Guilty. - The prisoner waa then discharged. ( The Court then adjourned fill jflif following morning at 10 o'clock. 1 "■''''

W. E. Duedney^as brought up for sentence for the crime ' bf -utfcrihg a forged* ehequo. ' \ His Honor took into consideration the youth of the prisoner, and passed what he considered a most lenient sentence. Duedney was then sent to prison ■ for'the period of one year, with hard labor. '' Marcus Gunn was then brought up for perjury. Mr. South, called! Mf. ; John : Kingsland- as) witness to the previous good character of the prisoner. Mr. Mowatt iahd: Mr., Gpodwillie also ispokc -to Gumi's.respcctability and/previous probity. <: >■ ;•. Mr.. South said he ccmld bring several other gentlemen.) in .proof , of prisoner's hither,fco v good character/ but- he" would not;' trouble the Court further. ; ' His .Honor then commented on. the verdict q£ the jury, which ! lie considered' was the only one ■which could have been given ; but . in- sentencing the prisoner, Jhe. said Jiejv.Quld - take, into account the evidence which had been adduced as to his pre\riouslgbod^ character^ and also his age. 'His Honor then sent h\vn to prispn^for twelve calendar months, T., , .J. t ... lf ... „, .... .. • vi - -'lAHCEKr; ° ■ '' ' '; " Benjamin Horsfall was placed in ( the , doc.k, indicted withVtho theftibf £70 -' from one William Eagle,_on_the .second April, -.at Winton Bush N _. ; , a _ r „ .., _.. . . : , , r .... ; . Thelprisoher' pleaded /Not vG-uilty. Mr South conducted thei case for the Crown. W. Eagle, tlie "prosecutor/ deposed. — I am a sawyer,.: .' f O,n.i2ndj.April was jafe Winton Bush, in Qlyn's Accommodation House. :u The prisoner and my mate were present. I spoke to prisoner and had tea with himT had no' money when my mate asked. if ( JicrwoiiTd have, tea. >I had an account book and' a pocket book. The latter contained^fsis £10Ihbtes,jfour V 6r :five £5" notes, seven £1 notes, cheque for £20, signed by .Mr. Homer," duplicates- of two drafts sent to my wife, receipt -for tiniber-license,-a-note of hand for £8, S bill from Mr. Rogers for upwards of £40. These^-werefall in Jtliel pocket b00k., ;. I paid for ! the tea/ and left my books on the form beside me, and forgot all about- ttiein; I then went to my own tent to go to bed. I missed the books the same evening, '■' and at once ■ where I left them. I ran back to G-lyn's at once, but they weresgone. ■• ; '' 1 I -next saw them at the Police Barracks, in the custody 'of the police. I found a part of the 'money in the book. I can swear to the books; 5 . •", - By His Honor. — I counted my money the day before I lost it., I kept it underneath the bed in my tent. Just before I went to G-lyn's I took it out and put it in my pocket. I did not then count the money. ; : : • ' Thomas Baker, lergeant of police, deposed to arresting the prisoner in a tent aborif 200 yards from Glynn's, about one o'clock in the morning. I took the pocket book and memorandum book, i He said " Oh ! I meant to give Mm them in the morning.:"-. I took him into custody. He said 'he had not opened the' pocket-book. I then examined ifc, and found £34 in notes and some papers. By His Honor. — There was nothing further found in the prisoner's tent. Robert Castle gave some corroborative evidence. The prisoner then addressed the jury for the defence, and remarked. that he .was drunk when he lifted the money, but had'no intention of stealing it. His Honor summed up briefly. The jury then retired, and returned, after an after an absence of forty minutes, with a verdict of "Guilty." HIGHWAY EOBBEBY, "WITH YIOLEJTCB. John Murphy and John Flanagan were brought up, charged with the above crime on the 23rd day of January, on the person of Le'win Berrick. The prisoners pleaded "Not G-uilty." Mi % . Button conducted the case for the Crown, and remarked that the present was the first case of garotting which had occurred in the Province, and he hoped that the facts to be brought forward in evidence would clearly substantiate the charge. He had not the slightest doubt but the jury would arrive at such a conclusion. After briefly sketching the features of the case, the learned counsel called evidence as follows : — Lowin Berrick deposed, I am a watchmaker, and reside in Tay-street. I remember the night of 23rd January. I was going from my shop to my house in Clark's Lane between Tay-street and Esk-street. It was shortly before ■10 o'clock. I carried the principal part of my stock home with me. I carried a general assortment of goods in a box. I identify the box produced as mine. The goods were worth nearly £400. I identify the goodsnow produced. It was a moonlight night. When half-way betwixt myAouse and Tay-street, two men (the two prisoners) approached me from a building in the opposite direction. I had a good opportunity of observing them. They separated, and allowed me to pass between them, within arms' length bf Flanagan, who then turned round and caught me by the ' throat from behind. Murphy came and assisted him. They tried to choke me, and attempted to take the box. I held it so long as I' was sensible. They threw me down on the ground, and still held on so long as 1 had the box. I soon regained consciousness, and found the box gone. I heard one of the prisoners running towards Tay-street. I got up and called out "'murder," and "stop thief." Before I became insensible I think it wa3 Flanagan who said " Get , his money." When I ran after them on getting up there was no one in the lane. The next thing I saw was Murphy in the hands of Sergeant Shury, and the box also. I suffered a good deal from the violence used. I could not swallow; anything for nearly two days afterwards. When the prisoners approached, one of themhadin hishands what I considered, to be a net. I identify the article. It hung .like an onionfnet, being wet with rain, and weighed down with a heavy stone. I know it ; by> the spots on it. I amvpositively certain of the identity of the prisoners. . • j . I picked Flanagan out of about a dozen other persons at the police office. I have not the least doubt about it. . (Witness then made the following statement): — On the passage of the. prisoners, to- the...Supreme.. .Court .they., pass .my. shop." I. was, standing 'at the door when.they ■were approaching. On their.: coming near, I "withdrew into the shop. J-In/doing so;I heard the .prisoner Murphy call but " Gret/your hammer and nails ready." "itookthisasathreatbf intimidation. The prisoner then, interrogated the witness as te j the situation of the lane and house, and as to thr identification of the handkerchief, and called fothe, witness' deposition in the . Resident' : Magis- ■ trate's Court, which was done. The interrogation wa3 continued, at; great length, during which witness stated he:had given a present to Sergeant Shury, throtigh the Chief . Commissioner, Mr. Weldon. Sergeaiit Shury deposed to having arrested tlie prisoner. The prisoner again interrogated the witness at greatUerigth, during which he stated he had received two presents, one from Mr. Berrick, (through She? Commissioner of Police), and the other from the Police Reward Fund. His Honor remarked that the Court wa3 showin(». great indulgence in listening to the irrelevant questions of the prisoner Murphy. . Wm. G-arthwaite deposed to hearing cries of "murder," and. "thief,!' at ten o'clock, on ; the night- in question when in his house. He went a to°the door, and saw Flanagan; trying to get over a^ fence from the street . into ihis place. Witness asked j'rhimlwhat was being done, and prisoner said ". one of ;them had ran up that .way." I had a good view of. his face..; ; ; • His Honor i was again, compelled , to check tlie prisoner-Murphy in his cross.-examination of fcho -.witnesses.!:;;- !:> ■■,■■■■ : : :ii- - 'I:-.' "■■■..''/.;,'■'■ ,'. ':■ ■.•,-•■,■ ; D; Thomson, in;Carey and Gilles'. employment, deposed to knowing/theprisoners. Saw them on the 23rd. January. •; I engaged Murphy first/, and Flanagan afterwards. : They were ; both working together.-on- the 23rd.'; ■ ; ' _ : •Thomas -i Crack, -a -carpenter, residing in Eskstreet, deposed to having charge of buildings in Clark's-lane.,.tQn the^Mth'Jaimary, -I picked up a handkerchiefSnth ..a^stone,- in it. I took it to the serjeant .of police.^, ,,. ... : v „ - John^.''Chap^an;^seiiearit--inajdf, deposed to receiym^f^^foi-'and 5 - jewellery from Serjeant Shuiy r ""on r the^^d^nuary-: I; secured" Hvwith' ccMr^hii^ee^ed^^^^iTiiomaal Crack" Jgaye me'Ah^}^^exchle£:ma'6t6ne on the 2£th.

■ «JV B. THoinpson,, ;detectiye. officer, .deposed to seeing Flanagan 1 on the 29tii January/ ; tarrested ' liiui •on ■■ -the .railway ■works -at Makai-ewa, on the charge of. highway robbery. He, said he was not Flanagan) but'Dan. 'Connor. ■ I said to him that I knew him by the former name. When I got him to the lock-up lie, gave his nanie as John 'Flanagan. jHis Honor. — Did Mr. Berrick identify the prisoner?.-.' v ? v.- •.;, .-.- .- ; •-, - ; : •> ■,; y s -. Witness.— Yes. t showed him' the prisoner amongst eight or nine more, and he, pointed him out; at once. ** ''%4T}iis ended the case for the Crown. ■■■ ; • ;;'.. The prisoner called M. ;Price, H.M., for his defenco.. . , ; . , Mr.' Price deposed to the accuracy bf the depbsi.tipiis given before him in the court. The prisoner Murphy. was t going, on. ,to particularise the evidence, but' was again, checked. --'•''■ ■" ; ' . , Mr. Frazer was also called by the prisoners in defence. His evidence was unimportant. ~ The jrisoner then made a. long rambling ad- . dress to the jury, in which he endeavoured to exculpate himself • from • the - charges made against him, and to show that the evidence was conflicting-^ and proved nothing. The f prisoner Flanagan did not address the jury.' '-'• -■'■ His Honor then summed up. , . : ■ The jury then retired, and returned, after an absence of ' half an hour, with -a verdict of '" Gtuilty" against both prisoners. Both prisoners were then each sentenced to penal servitude for five yeare. .-'■' ;■• ■ ;' ! • SE2JTEKCE. ■ ' Benjamin Horsfall was then placed in the dock, and: sentenced to gaol for six months, with hard laboi'. ■ •; lAECEXr. James Davies was brought up on the charge of ' stealing an opossum skin rug, from the New York Koiel, Esk-street. The prisoner pleaded " G-uilty." There was another charge in the indictment of •stealing a saddle from the. Albion stables, the property of Mr. W. Lind, on' the 28th June. The prisoner pleaded "Not G-uilty." Mr. Macdontld. conducted the case for the Crown. The evidence adduced in the trial of this case was similar tp.thatgivenin the Police Court a few •days ago. The prisoner then addressed the jury in his defence. , His Honor afterwards summed up briefly, recapitulating the evidence adduced. The jury retired, and returned with a verdict of " Not G-uilty." On the plea of " G-uilty " to the theft of the opossum rug, the Judge sentenced the prisoner to gaol for four months with hard labor, LARC£>'Y. Callahan Edward Crawford was indicted with the theffc of several articles from Walter Smith, on the 4th day of April. The prisoner pleaded Not Guilty. Mr. Bntton conducted the posecution. Mi*. Smith, baker, deposed to missing the goods stolen on 4th April. They were in a store in Yarrow-street. I had been living there. They were in a wooden box. Witness identified several articles as his property, and had no doubt about them. Mr. Wottcn, in Mr. Louis Rogers' employment, deposed to purchasing from prisoner a suit of clothes and a lot of books. Detective officer J. B. Thompson, and Mr. Louis Rodgers were briefly examined. Michael O'Kcefe deposed to apprehending the prisoner at Bluff Harbor, on board the Emily, schooner, and finding some of the articles now produced in Ms possession. The prisoner addressed the jury at great length, during which the jury listened with great patience to his harangue. He created much amusement and sometimes laughter, which was immediately suppressed. His Honor briefly summed up, and sent the case to the jury. The jury returned a verdict of " Guilty." The Jury then sentenced the prisoner to gaol for twelve months, with hard labor. The Court adjourned till tliis morning, at 10 o'clock.