SUPREME COURT.

Southland Times, Issue 1755, 17 June 1873, Page 2

SUPREME COURT.

(Before His Honor Mr Justice Chapman.) Monday, 16th Jttnb. The h»lf-yearly session wbb opened on Moiw day, 16th June, at the Courthouse, Kelvinstreet The Grand Jury, of whom Mr T. Pratt was foreman, found true bills on all the indictments ; DU t i n the caso of James M'Laren threw out the first count, wliich charged the prisoner with stabbing with intent to murder. WOUNDING with intent. Thomas Allen pleaded guUty to a charge of wounding with intent. This prisoner had stabbed a policeman with a clasp-knife when being taken to the lock-up in a state of intoxication. Sentence, two years' imprisonment, with hard labor. LABOENY FBOM THE PEBSON. Peler Summers was charged with stealing £10 from Frank Pelling on 19',h AprU last. Mr Macdonald, Crown Prosecutor, conducted the prosecution, and Mr Wade appeared for the prisoner, who pleaded not guilty. Frank Pelling gave evidence to the effect that on the evening of the 19th April he was in company with the prisoner and a settler named Gray at Ott's Junction hotel. Pelling took money out of his pocket to pay for drinks, two £5 notes, and three £1 notes rolled up together. He put the £5 notes back in his waistcoat pocket, and two of the £1 notes in his trousers' pocket. Left Ott's for his own house shortly after. Fell off his horse ; was unconscious for a few minutes ; and when he came to himself found himself in the arms of the prisoner. Ou reaching home with the prisoner and Gray, found that the two £5 notes were gone. Told Mrs Pelling that if Summers changed money in i the house to bring it to him. Mrs Pelling j brought him a£s note next morning, which he recognised a3 one of the two by figures on the back. Uentified note produced. 1 Mrs Pelling deposed that Summers had | changed a £5 note, which she showed to her husband ; and identified the note produced. Colin Gray corroborated in some particulars PeUing's account of the transaction. William Dodds, laborer at Forest Hill, and John Noble, se tier, deposed that Summers, on the 18th April, had obtained 4s from Noble as " change" to carry him to the Junction hotel. This closed the ease for the prosecution. Mr Wade then called Constable Geerin and Inspector Fox, who gave evidence that the prosecutor and his wife were of intemperate habits ; and Mr R. W. WiUiams, the employer of the prisoner, who gave him an excellent character. Mr Wade having addressed the jury, the Jud?e summod up to the effect that the caso entirely depended on the completeness of the identification of the note by the prosecutor, PeUing. Tha jury after about a quarter of an hour's deliberation, returned a verdict of not guUty. The prisoner was discharged. EOBBBEY WITH VIOLENCE. James Yardley was charged with assaulting R. C. Walker, and robbing him of £25, on 30th November last. Mr Macdonald conducted the prosecution, and Mr Wado appeared for the prisoner, who pleaded not guilty. R. C. Walker, miner, Nokomai, Btated that on 27th November last, he sold his share in a mining claim to the prisoner, for £33 lOs. On 30th November, prisoner came to a hut where witness was staying, asked hitn to come outside, and when he did so threw him (witness) down, put his hands on his throat and his knees on his chest, Baying, " You bloody wretch, give me my money back or I will murder you." Witness asked him to argue the matter. They both went to the hut door, and witness refused to return the money. Prisoner throw witness outßide with greater violence thau at first, took him by the throat, and garrotted him, repeating the threat to murder witness. Witness then took £25 in £5 notes, out of his pocket, and prisoner snatched them trom his hand. Cross-examined by Mr Wade. — Did not say to the prisoner that he was getting half a pennyweight to the dish, on an average. Said he had got half a pennyweight to one dish. Henry Howson, goldminer at the Nokomai, had known the prisoner well for seven years. Knew the prosecutor, Walker, slightly. Was in Parson's hut on 30th November last. This witness corroborated the prosecutor's evidence. He saw marks of fingers on each Bide of Walker's throat. Cross-examined by Mr Wade — When prisoner got the £25, he Eaid that Walker might have his claim back again. Thi Judge interposed to say that the charge of attempting to rob, and of assault with intent to rob, could not be sustained. The action of the prisoner was evidently an attempt to assert a supposed right — a very violent and improper attempt no doubt. The charge of simple assault however, might be sustained. The Crown Prosecutor intimated that in that case he would confine the charge to one of assault. Mr Wade, having consulted the prisoner, announced that tho prisoner would plead guilty to the assault. The jury then, by the Judge's direction, found a verdict of guilty of assault. Mr Wade having caUed His Honor's attention to the fact that the prisoner had been incarcerated for seven months, awaiting trial, His Honor said that he would consider that fact in passing sentence. Sentence, one month's imprisonment with hard labor. ASSAULT AND BOBBESY WITH VIOLENCE. James Dawkins, George Davis, William Metcalf, William AFisher, Thomas Lane, and John Collins were charged with assaulting and robbing with violence, Hugh M'lntosh, at the Halfway Bush, on Sunday, 13th April. Mr Wade appeared for the prisoners, who, by advice, pleaded guilty to the assault, but not to tho robbery with violence. The Crown Prosecutor intimated his willingness to reUnquish the charge of robbery. The prisoners were removed to be brought up for sentence on the following morning (thiß day).