SUPREME COURT.

Southland Times, Issue 986, 15 July 1868, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. j (Before bis Honor Mr Justice Chapman.) MONDAY, 13th JULY, 1868. His Honor took his Beat at 35min. past 10 o'clock, when the following gentlemen were sworn as the grand jury:— J. M'Clure (Foreman), A. T. Adamson, H. Armstrong, J. H. Baker, T. Brodrick, T. M. Clerke, J. Dalgliesh, D. M'Donald, C. R. Marten, F. H. Moore, Gr. Perry, J. Ross, C. Sproule, F. Nutter, and C. Vivian. His Honor in making his charge, apologised for having* kept the Court waiting. He said that in Otago the Supreme Court did not keep Wellington time, and consequently he had not thought upon his presence being required at so early an hour. In order to avoid inconvenience in future, the mean time would be observed on the occasion of Supreme Court sittings. He congratulated the jury upon the light calender that would be presented. There were only two cases on this occasion, and there had been only three on the previous sitting. The province was therefore remarkable for the absence of crime, only six cases being proceeded with during the year. He then explained the character of the crimes of which the two prisoners were charged, and the nature of the evidence to be given. The Grand Jury then retired, and after about 20 minutes absence brought in a true bill in the case of Queen v. Thompson, for robbery from a dwelling house, and at a later period a true bill was also brought in, in the case of the Queen v. C. E v Price, for assault with criminal intent. BOBBEBY FBOM A DWELLING HOUSE. John Thompson was placed in the dock charged with having stolen from a " swag " in a oed-room of the Albion Hotel, on the 26th June three five pound notes, the property of one John M'Clure. Mr 1. M. Macdonald prosecuted for the Crown. The prisoner was undefended. This case must be fresh in the minds of our readers, having been fully reported at the time of the Police Court investigation. The case against the prisoner was entirely circumstantial evidence. He had beenfor sometime in town, apparently destitute of funds, having during the time borrowed £1 from Mr Cameron, of the Albion Hotel, and two half-crowns from the prosecutor (M'Clure.) On the night of Friday, the 26th June, M'Clure did not sleep in the Albion Hotel, but had left his swag containing three five pound notes, and a one pound note in a bed-room opposite to the one occupied by the prisoner. On the following day three five pound notes were missing. Suspicion feU on the prisoner, and it was found that he had during the morning of Saturday, changed two five pound notes and otherways spent money. The only additional evidence produced was that of a youth, waiter at the Albion Hotel, who swore that on the night of the robbery the bed-room in which the swag had been left was occupied by a man not before the Court. His Honor in charging the Jury drew attention to the fact that the room having been occupied by another person on the night of the robbery suggested a doubt as to prisoners guilt, although other circumstances appeared suspicious ; and if the jury were not perfectly satisfied upon all points the prisoner was entitled to the benefit of the doubt. He censured the prosecutor for negligence in leaving the money in his bed-room without informing the landlord of the hotel that it was there. The Jury retired, and after an absence of 20 minutes, returned a verdict of " Not Guilty." The prisoner was discharged. ASSAULT WITH INTENT. C. E. Price was charged with assaulting with criminal intent, on the 10th June, Mrs Margaret Harwood, residing off Clyde-street. There were only three witnesses in this case — the prosecutrix, a Mr Patterson, who went to the assistance of the woman when he heard her screaming for help, and a neighboring female. The evidence was very clear, and the jury returned a verdict of " Guilty." Sentenced to 12 months' imprisonment with hard labor.

Mb Peabodt, it is said, lent the Pope £200,000 before quiting Rome.—" Court Journal." Dubing a discussion at the Institute of Naval Architects, Admiral Belcher, allud- , ing to submarine artillery, advocated instead a Nasmyth hammer being below the water-line of a ship, and worked with steam, so that it could " punch " the antagonist when in close quarters. The gallant admiral illustrated his meaning, amid loud laughter, by, " punching" the head of an imaginary antagonist, "in , chancery."

THK NELSON AND WESTPORT RAILWAY. This long talked of undertaking has been finally determined upon. The following is an extract of the proceedings of the Nelson Provincial Council on Friday the 19th June,* taken from the " Nelson Examiner," 20th ult.:— On the motion of the Provincial Solicitor, the House went into committee on the resolutions relative to -he Nelson, Cobden and Westport Railway, with Mr Simmonds in the chair. After considerable discussion, during which some amendments were made, the whole were agreed to in]the following form :■ — 1. That the quantity of land, including all mines, minerals, and timber, to be given in consideration of the construction of a railway from Nelson to Cobden and Westport shall be 10,000 acres per mile, which land shall have a drainage to the valleys through which such railway < shall pass. | 2. That the company may select the j site of the line to Cobden and branch to ; Westport at their own discretion. 3. That the Superintendent be authorised to determine, by agreement with the company, what lands within the watershed of the valleys through which the railway shall pass, shall be granted for the construction of such railway. 4. That the entire line shall be completed within five years from date of execution of contract for the same ; and on completion it shall be the absolute property of the company constructing it. 5. That land not exceeding 5,000 acres,, as may be authorised. by the Superintendent, for each mile of railway constructed, shall be granted as each twenty miles of the line, beginning at either terminus are completed ; but the land on which the line is laid shall not be granted till the whole work has been completed. 6. That the proportion of land to be granted as each twenty miles of the line is finished, shall be bo granted upon the certificate of the Company's Engineer, confirmed by the Superintendent, who shall first obtain the certificate of the Engineer-in-Chief of the Province. 7. That '•all private land required for the construction of the line shall be purchased by, and at the cost of the company; but should the total sum required for such purchases exceed £20,000, the company shall be entitled to land scrip available over the whole of the province for two-thirds of the amount of such excess. 8. That the Provincial Government shall have the right to make roads through any part of the lands granted to the company, such roads not to exceed one chain in width, and such right tojbe exercised within fourteen years from the issue of the grants. 9. That land required for sites of buildings for administrative and educational purposes, shall be conveyed to the Government free of all charge for the value of the same. 10. That the gauge of the railway shall not be less than three feet six inches. 11- That no gradient on the line shall exceed one in sixty, without the sanction of the Superintendent. 12. That the line and stations shall be kept in working order for fourteen years from the completion of the line. 13. The company shall have power to alter, divert, raise, or lower any public thoroughfare, or cross the same upon a level ; provided that no gradient shall be more than one in twenty-five. 14. That sufficient water frontage for the erection of wharves, piers, or jetties, at each or either of the termini, or on the rivers Grey and Buller, shall be provided by the company ; and all the land reclaimed from tideway by the company, shall be granted to them, free of cost ; provided that the navigation of no harbor or river shall be impeded. 15. That the sum of £20,000 shall be deposited by the company in a Bank in Nelson, New Zealand, in the joint names of the Superintendent of Nelson and the Colonial Treasurer, in Nelson, on the execution of the agreement, which sum shall be returned, provided fifty miles at least of the railway have been completed within two years from the execution of such agreement ; otherwise it shall be J absolutely forfeited to the Provincial Government. 16. That so long as the land remains the property of the company it shall be on the same footing as Crown land, so far as regards exemption from taxation, both general and local. 17. That all differences arising between the Provincial Government and the company shall be settled by arbitration or reference within the colony. 18. That in order to prevent delay, the Superintendent should have power to authorize the Agent of the province, in London, within two years of the date of the passing of the act of the General Assembly to enter into a definite contract on behalf of the province, without further reference to this Council. 19. That the foregoing resolutions be embodied in a bill to be submitted to the General Assembly at the approaching session. The House having resumed, the Chairman reported the resolutions with amendments.