SUPREME COURT.

Southland Times, Issue 953, 18 May 1868, Page 2

SUPREME COURT.

FRIDAY, 15th MAY, 1868. A session of the Supreme Court was opened before His Honor Mr Justice Chapman at 1 p.m. on Friday last, the 15th inst. Henry M'Culloch, Esq., Sheriff of Southland, -vraa in attendances and W.'. Stewart, Esq., Eegistrar, acted as Clerk of the Arraigns. The following gentlemen composed the grand jury empanneled : — J. F. Dundas (foreman), John .Blacklock, James Blacklock, A. T. Adamson, T. M. Clerke, D. M { Arthur, T. Watson, Donald M'Donald, F. Nutter, John Ross, W. Wood, A. Vivian, J. M. M'Clure, J. H. Baker, and J. M'Pherson. His Honor congratulated the grand jury and the country on the fact that this was only one case on the calendar, and expressed at the same time that the jurymen had been put to the inconvenience of an adjournment through the late arrival of the steamer in which he was a passenger from Dune I in. His Honor having directed the jury as to their finding, dismissed them to their room, and then intimated that he would merely formally open the Court* and, in the event of a true bill being brought in, go on with trial the following day. The gentlemen summoned as petit jurors were accordingly discharged from attendance until ten o'clock next morning. At two o'clock the grand jury returned 'to Court with a true bill against the prisoner, received ,jjjhe usual thanks for their services, and were discharged. . '■'"<" HOBSE 3TEAX,INff. William Bates, a half-caste, was then placed in the dock, and his indictment was read to him, as follows :— That, on the 3rd day of April, last, he did feloniously steal and take away a grey colt, the property of one William Pisher, againt the peace of our Sovereign Lady the Queen, her Crown, and dignity. The prisoner pleaded " not gnilty," which plea being recorded, the Court was adjourned till 10 o'clock next morning.

SATURDAY, MAY 16.

His Honor took his seat this morning at 10 a.m. The prisoner was placed in the dock and the following jury empanneled : — John Wilson (foreman), T. W. Smith, Abram Watson, James Fowler,: Henry Preston, John M'Crostie, John Oughton, James Lang, John Fitzgerald, J. Jenkins, Hugh Eodgers, and Eobert Tait. Mr Macdonald, Crown prosecutor, in opening the case said, that the circumstances connected with it were very simple and short, and that it was therefore not necessary for him to make a lengthy address, He would be able to show that the prisoner had, as charged, on the fourth of April last, brought in a number of horses from Riyerton to Invercargill for sale, amongst them, this grey colt, the proceeds of which he had received. The colt was shortly afterwards seen in possession of the purchaser at the sale, and identified as the property of the prosecutor. It would be shown that while the proceeds of the other horses sold was handed over to prisoner's father, to whom they belonged, and from whom the auctioneer had received written instructions regarding them, prisoner himself had given verbal instructions merely about the sale of the grey . colt, and had received the money for which it was sold, which he had appropriated to his own use. He would not longer detain the jury, but would call Win. Todd, late auctioneer, who deposed that he knew the prisoner ; that he recollected his bringing some horses to him for sale on the 4th of April last ; that he had remitted the proceeds of three of them to prisoner's father, and that prisoner himself had given instructions about the sale of, atd received the money for the grey colt sold by him. He identified the horse outside the Court-house door as the one lie had sold. -Mr G-eorge Smith was the purchaser. A W. Fisher (half-caste), the prosecutor, on. being placed in the box, professed not to be able to conTerse in English. Mr G-eorge Howell was consequently sworn to interpret for him. He said he lived at Jacob's River. He identified the colt outside as his. That it had last been in his possession about twenty days before he saw it in possession of Mr Gt. Smith. Mr Surman had seen it first in Smith's, and told him (witness) of its being there. Had given Bates no instructions '

about selling the horse, nor lea^e to do so. Had received no money : from prisoner for the horse. Wlrn cross-examined by Mr Harvey, witness said he and prisoner had been acquainted from childhood; the families were intimate, " and frequently visited eaoh other. He admitted having been at the Q-ummy's Bu9h sale with horses, and that prisoner hod rode a chesnut horse of his : there, showing it off at the sale, and had also, ridden it home, driving the horses of the parties in a mixed mob before them ; but denied he had requested prisoner to do so. He knew Nichols, the man contractor ; but did not remember seeing him at that sale. A Maori boy, named Haiti, had .assisted them to drive the horses home, they not having been sold. Witness, prisoner, and the boy had gone into prisoner's father's house in passing, to have dinner r witness's house was about half-a-mile further on. Prisoner and the boy then left with the horses to take them down to witness's place, and he went home by a short cut. He denied having had any conversation at that time with either prisoner or his father about their selling horses for him. The grey colt outside | was amongst the horses a!; the sale at that day. He also denied that there was a party dancing at his house that same evening, and that the subject of young Bates taking up some horses to Invercargill for sale was there spoken of again. He said sometimes there was dancing ; but he could not remember the nights exactly. He could swear on the Bible that he had never told- prisoner to take the colt to Invercargill and sell it for whai it would fetch. Mr Surman had asked him, when he saw the horse in Smith's stable, if he (witness) had authorised Bates to sell it, and on his replying in the negative, Mr Surman had told him to to lay an information againt the prisoner for stealing it. He (witness) owed Mr Surman money at that time, and he was still in his debt. He had given Mr Surman some sort of claim or property on the horses. Mr Surman, leing sworn, deposed to his having held a Bale at Gummy's Bush at which the horse in question was offered : both last witness and prisoner were there. He had first seen the colt in Smith's ; had told Fisher of it, and had told him to prosecute prisoner. Fisher owed him (witness) money, and he held a lieu over some horses of his. He had no writing from him about the colt. He had asked Fisher if he had given Bates authority to sell it, and Fisher said no. That was the morning of Bates' arrest. Constable 'Hawkshaw deposed that he took prisoner from Invercargill to Riverton, and that on the way he made a statement to witness, after being cautioned in the usual way, to the effect that Fisher had repeatedly spoken, both to him and his father, to take some horses to Invercargill to sell on his account. That on the morning he took the colt away he had gone to Fisher's house for final instructions, when Mrs Fisher, herhusband being absent, told him he was to take the grey colt only, arid told him where to find it. That he did find it, and drove it up to town with his own, where it was publicly sold for £5 15s; and that he had subsequently sent Fisher, through his father, £4 10s on account.' Witness said the horse was one easily identified, and that the money it fetched was its full value. Sergeant O'Keefe deposed to arresting the prisoner. He also thought the horse fetched its full price. Alice Fisher, wife to first witness, gave evidence simply corroborative of her husband's. She farther denied that prisoner had obtained her consent about taking the colt away. She remembered a little brother of prisoner's coming aday or two after and saying Billy had taken away the colt to sell. This concluded the case for the prosecution. Mr Harvey, having very briefly stated the nature of the rebutting evidence, Cidled James Bates, brother to the prisoner, who gave evidence corroborating the statement made by prisoner to constable Hawkshaw. He spoke distinctly to having heard his brother and Fisher speaking about taking horses to Invercargill at Fisher's house on the night of the sale at Gummie's Bush, and that there was dancing there that night, he playing the concertina for them. He said he distinctly heard Fisher tell his brother to take the horse and sell it that Fisher spoke loudly , and in English. Frederick Nichols, the next witness, gave similar evidence, confirming what last wifnpsa had said about the dancing party on the night of the Gummie's Bush sale, and of Fiaher having asked prisoner, in English, to sell the horse for him. Nathaniel Bates, father of the prisoner, corroborated the evidence of both previous witnesses, and his son's story to the constable. Mr Harvey shortly addressed the jury, pointing out the fact that prisoner and prosecutor were on intimate terms ; that they had been mixed up in some degree in horse transactions ; that prisoner had called at Fisher's house on the morning he took the colt ; that it was sold publicly ; was a horse easily identified, and little worth — not an animal likely to tempt a man to commit a felony on his friend. He then reviewed the evidence, and said he had no doubt of the jury bringing in a verdict of acquittal. His Honor, in summing up, said the case rested on a very narrow point. It was simply a question of whether prisoner took the horse with or without authority. Prisoner never denied having taken the horse, but he altogether denied felonious intention. He directed the jury that in the event of their believing that sufficient had passed between prisoner and prosecutor to induce in prisoner's mind the belief that he was to take the horse, they would be justified in acquitting, -aVthe taking' would then be merely a mistake with reference to the nature o some instr actions on some conversation which passed between the two regarding the horse. If the prisoner at the time he took the horse believed he had authority for so doing, then he was freed from the charge of felony. His Honor then reviewed with great clearness the evidence adduced on both sides. The jury, without retiring, returned a verdict of "not guilty." His Honor then thanked the jury, and discharged them.