The Southland Times. TUESDAY, MAY 15, 1866.

Southland Times, Volume III, Issue 259, 15 May 1866, Page 1

The Southland Times. TUESDAY, MAY 15, 1866.

SUPEEME COUET.— CEIMINAL SITTINGS. MONDAY, 14th MAY, 1866. (Before his Honor Mr Justice Chapman.) The Geajstd Juet. The following gentlemen were sworn as a grand jury, viz. : — Messrs M'Clure (foreman), A. T, Adamson, Thos. Brodrick, J. E. Davies, jun., W. Lawrence, H. Law, S. Menzies, D. M'Arthur, D. M'Donald, J. Eoss, A. G. Vivian, "W. "Wood and T. Watson. After the preliminary ceremonies in opening the Court, his Honor delivered the following charge : — Mr FoBEMAtf AND ,GENTLEME!f OP THE sifrMKTt Jury. — The observations whick I

have to offer to you are fortunately few, andi am not sorry to"be enabled to congratulate you on the very small amount of crime in this Province. Tou will remember that four months have elapsed since this Court last sat, and those four months have furnished for your consideration to-day only four cases, and they are all of a comparatively unimportant character. There are three ordinary larcenies, and one case of cattle stealing : one; is a case for stealing tobacco, and you will probably find that the direct oath of identity is not very positive ; but I must remind you that it is quite possible for both the grand and petit jury to be satisfied of the identity of property from the circumstances of the case. Here the prisoner was seen in the bar of a publichouse in which was a box of tobacco ; he was seen to put a parcel of something under hi 3 arm; he was followed, and dropped the parcel which was found to be tobacco. On examining the box a parcel of tobacco was missed : the owner will tell you that the box had been forced, that it contained three large packets of tobacco, all similar, and that one had been removed. Erom all these circumstances it is quite competent to you to arrive at the conclusion, by a sort of negative process, that the tobacco found on the prisoner could be no other than the tobacco which had been taken. The two other larcenies are for stealing money ; in one, that of Davis, there is an admission which seems very like an inclination to plead guilty : in the other, the prosecutor and the prisoner Connor had been drinking together, and were both under the influence of. liquor. The prosecutor missed a £5-note and other monies ; the police was set in motion, and a £5-note and other things were found on the prisoner. This note the prosecutor is enable to identify by a peculiar ink mark ; thus the case is reduced to one of recent possession, and the ordinary presumption applies. TLe last is an alleged case of cattle stealing ; I say alleged case, because there is some evidence to show that the prisoner distinctly and emphatically asserted his right to the bullock found on his premises. There also seems some conflict in the evidence of identity. You will have to consider whether the bullock was' taken with a felonious intent, or under a bona fide but mistaken assertion of right. I must here remind you, however, that amount of doubt which would induce the petit jury to acquit a prisoner, would also justifiy the grand jury in finding the Bill. Still if you be convinced that the case really amounts to no more than a bona fide assertion of a right, howsoever mistaken, it would be wrong to subject the accused to any further trial. I now remit you to your room. The bills will be sent to you without delay, and I will thank you to send one into court as soon as found, that we may have semething to proceed with. True Bills. The grand jury found true bills in the case of Queen v. Campbell, the Queen v. Connor, the Queen v. Stavely and the Queen v. Davis. STEALER MONET. William Davis, charged with stealing the sum of £38 from a stable at Messrs Julius' station, pleaded guilty. Sentence, six months' imprisonment, with hard labor. LAECENY. John Campbell was charged mth stealing a parcel of tobacco, the property of John Wild, from the bar of the JSew York Hotel. The Crown Prosecutor (Mr Macdonald) briefly stated the case, and the following evidence was taken : — Jesse Devon: I am a blacksmith. I remember the evening of the 14th April. On that evening, about 6 o'clock, I saw the prisoner at the New York Hotel. I observed the prisoner with a parcel under his arm. George Jefferies, the cook, came in, and I told him what I had observed. Jefferies followed the prisoner. I observed a box in the bar, the lid was I do not know the contents. * Cross-examined by prisoner: Did not notice if the box was nailed. I did see that you had something under your coat. George Jefferies : lam a cook at the New York Hotel. On the evening in question, saw the prisoner in the bar and dining-room. Saw prisoner sitting on a box containing tobacco. Heard a noise several times and went into the bar, and the prisoner appeared to be sleeping. The last time I went in, from information received from. the previous witness, I ran after the prisoner and caught him opposite the Police Barracks, and told him to drop what he had under his arm. He dropped it and attempted to get away. I got him down, and Sergeant O'Keefe came over and arrested the prisoner. The tobacco produced is, to the best of my belief, the same. Cross-examined by prisoner: I can swear that I did see you sitting on the box of tobacco in the bar, John Wild: I am proprietor of the New York Hotel. Eemember the 14th April. Was out at 6 o'clock. Had a box of tobaccop in the bar, nailed down, "containing three parcels of tobacco. When I returned at about half-past seven, found the box had been opened and one parcel abstracted. The tobacco produced, I believe to be mine; it is like it, the same pl'igs and quantity missing, Cross-examined by prisoner : I cannot swear positively to the tobacco. , Sergeant O'Keefe proved the arrest,

, previous witnesses as to what took place ■ at the time of the arrest. Prisoner said ; the tobacco had been dropped by some ■ one who went before him. He (witness) '. had been on the opposite side of the ■ street for at least ten minutes, and no person had passed. i His Honor having summed up ; the ; jury retired, and in a short time returning a verdict of Guilty. The Judge sentenced him tb twelve months' imprisonment with hard labor. STEALING MONET. Martin Connor was charged with, on the lOfch April, in the Golden Age Hotel, having stoleu £6 and a knife, the property of one William Edwards. The Crown Prosecutor stated the case and called witnesses. Wm. Edwards : I am a seaman. On the 10th April, I received £10. I met the prisoner and two others, took them into a public house in Spey street. Had three £1 notes, a £5 note and silver. Went to Mr Von Hammer's, where we drank too much, and about 10 o'clock I missed my money and knife. I identify, without the shadow of a doubt, the knife as my property. Prisoner in the morning said he had no money. I identify the £5 note produced, as being the one stolen from meJ I recognise it by a mark on the back. I cannot say how I lost the money. I had-too much to drink. Jane Von Hammer : lam wife of the proprietor of the Golden Age Hotel. Eemember the 10th April. I saw prosecutor with the prisoner and other men at our hotel. Edwards kept showing his money, and placing it on the counter. I saw the prisoner take up a note, which Edwards had put down. I watched the note, and saw prisoner take it up ; told my husband, and he had the prisoner arrested. William Wolford, carpenter : On 10th April last, after tea, I was at Von Hammer's and saw the prosecutor, prisoner, and others there. Edwards was at the counter, and displayed some money — silver and notes. I saw the prisoner take up a note, crumple it up, and place it in his coat pocket. P. A. Von Hamme r: lam landlord of the Golden Age Hotel. Eecollect 10th April. The prosecutor Edwards, and the prisoner and others were at my house. On the morning of that day, the prisoner told me he was " stumped." Saw Edwards displaying his money : told him to put it up. .From information received, I sent for the police and the. prisoner was arrested. , James Tuohy, constable, proved that he had been called in by the last witness, when he saw the prisoner and others in a s tate of partial intoxication. The prisoner took off his coat in the bar, and, in doing so, I saw a note fall from his breast, which is now produced. 1 identity it as the one, as it has my initials at the back. He was then arrested. Sergeant O'Keefe gave corroborative evidence, and further stated that, upon searching the pockets, he had found the knife and the £5-note which had been sworn to by Edwards as his property, in the coat pocket. The prisoner stated that he did not know how the property came into his possession ; if he put it there, he knew nothing about it." He had never knowingly robbed any man of a shilling. The jury, without retiring, found the prisoner guilty. Sentence, 12 months' imprisonment, with hard labor. QUEEN V. STEVENS. This was a charge of cattle stealing. The case was only partially gone into up to the time of our requiring to go to press. As far as the evidence went, the prisoner had re-branded a bullock which the prosecutor, Lyons, claimed as his property. That the bullock was rebranded by the prisoner, was not disputed, but the evidence of persons present at the mustering, went to show that they considered the original brand that of the prisoner's. A full report will appearin tomorrow's issue. [Since writing the above the trial has been brought to a close and the prisoner acquitted!.