SUPREME COURT CRIMINAL SESSIONS. (Before His Honor Judge Gillies.) Auckland, January 7.

Te Aroha News, Volume I, Issue 32, 12 January 1884, Page 5

SUPREME COURT CRIMINAL SESSIONS. (Before His Honor Judge Gillies. ) Auckland, January 7.

The quarterly criminal sessions of the Supreme Court were opened this morning, His Honor taking his seat upon the Bench at 10 o'clock precisely.

I THE GRAND JURY. The following gentlemen Mere sworn in as the Grand Jury :— Henry Brett, Ebenezer Cardno, Levi Coupland, Edward John Cox, Robert Vincent Ellis, Thomas Seddon Evans, William Paul Featherston, William Henry Fenton, Robert George Fountain, Frederick Nelson George, Charles William Goodson, John Russell Gray, James Henton, Alfred John Houghton, Howard Hutton, William Johnstone, Henry Keesing, Thomas Lindsay. William Yates Crowe and Charles Daci-e were also called, but did not appear. Mr Brett was chosen foreman,

THE JUDGE'S CHARGE. His Honor delivered, the, following charge : — Mr Foreman and Gentlemen of the Grand Jury, — 1 am sorry that the day fixed for the opening of the sessions on this occasion happens to be somewhat inconvenient, being the day prior to the departure of the English mail. Arrangements had been mado so that the sittings of the Court should occur at a different period from that fixed for the English mail, but the change has brought with it some inconvenience this time. If you should find it inconvenient for these reasons, I shall in future taice care to have the opening of the sessions postponed until after the departure of the mail. On the present occasion, however, I do not think that there will be much inconvenience, for the calendar is a very light one. There are thirteen persons charged with thirteen offences, three of which are charged against one person, and in another case three i persons are charged with the same offence. The character of the offences is also exceedingly light. There are eight persons charged Avith larceny of one form or another, and three of them stand accused of simple laicenies or thefts, which need no explanation. One person is charged Avith breaking and entering into a stox'e, and there are four natives on lavo charges of sheep-stealing. The evidence in all these cases is of the simplest character, and they should not therefore occupy much time. There is one person charged Avith three cases of forgery and uttering. In that case also, the matter is so clear that I do not think it necessary to detain you Avith further remarks upon it. One person is charged Avith maliciously Avounding cattle by firing a gun loaded Avith shot into a steer. You are aware that this is a very serious offence, and although in some cases there are circumstances which diminish its criminality, still that will be a matter for the petty jury rather than for you. If you are satisfied that the person avlio fired the gun shot the animal, you Avill have to send him on for trial for it, leaving any questions as to mitigation for the petty jury. There is one case of stabbing, but it is a very shnple case, so that 1 do not think you -will have any difficulty Avith it. There is one case of perjury against a native in Avhich various questions may arise at the trial. If you are satisfied, hoAvever, that the native did swear falsely on oath, you Avill be Avarranted in returning a true bill. The only other case is that of a person charged Avith attempting to defraud his creditors. That charge is founded upon a section of "The Fraudulent Debtors' Act, 1878," Avhich provides that any person in each of these MloAving cases "which are specified shall be guilty of a misdemeanour, that is to say "if he has, Avith intent to defraud his creditors, concealed or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him." In this case there was an unsatisfied judgment against the accused, and Avhile it is hanging over him he disposes of part of his property and goes away Avithalarge quantity in his possession. If you think that he intended to defraud his creditors, then that is the essence of the offence. These are all the cases Avhich will come before you, and as I said before, they are very light, both in character and in number. The Grand Jury then Avithdrew.

TRUE BILL^. Aguste Rafh'n, charged with fraudulent bankruptcy ; John Cash, larceny ; Alfred Heyde, uttering (three indictments) ; John Fitzgerald, larceny ; Tonia Parama, sheep-stealing ; Rike Painehea, Henare, and Topa Topa, sheep-stealing ; Whakataki, perjury ; William Good, maliciously wounding a steer ; Peter Harper, junior, unlawfully woundiug ; Pehiriri. burglary ; Joseph Antonio, larceny. His Honor dismissed the Grand Jury at 3.30. The foreman suggested to His Honor that it would be more convenient to oitizens if His Honor could arrange in future for the criminal sittings to commence on Wednesday instead of Monday, in order that the sittings might not interfere with mail day. His Honor promised to consider the suggestion of the Grand Jury. Larceny. — John Cash, an old man, was arraigned upon an indictment charging him with fraudulently obtaining three suits of clothes and three pairs of braces, on the 14th Sept., 1883, the property of John Richard Watson, gentleman, of the Wade. — The prisoner pleaded not guilty. — Mr Williamson, Crown Solicitor, opened the case and called evidence. —Francis Geldart, solicitor's clerk, deposed that he received the goods from a house in London for Mr Watson. He carefully packed the clothing and took it to the steamer Jo, addressed to Mr Watson, care of Mr Phillips, Deep Creek. The clothes produced were the same. He knew them by their particular make, and the buttons bearing the maker's name. — John Greenleaf master mariner, deposed to receiving the parcel from the last witness. It was to be delivered at Peep Creek. He left at 2 o'clock on the 14th. The parcel was then on board. Saw px*isoner in the cabin. He was the only passenger. He seemed very sleepy, He left the steamer at the Wade. The accused had a sack, gum spear, and blankets on board. He had something under his arm like a parcel, but he did not notice it particularly. He called in at Beep Creek shortly afterwards, and asked for the pared, but it could not be found. He was sure that no one could have taken the parcel from" the steamer save the, old man; had' known Cash as a gum-digger. To prisoner: Captain Jackson was the master; he, witness, superintended the cargo. — John Richard Watson, gentleman, also gave evidence. This being , the case, the prisoner addressed the jury. His Honor reviewed the evidence. The jury, without leaving the box, found the prisoner guilty* His Honor said had this 'been prisoners first offence the Court might have dealt leniently in the, matter, but seeing it was not his first offence, and that he had, been convicted upon the, clearest evidence, the sentence would be two years' imprisonment with hai'd, labour. Forging and Uttering.— Alfred Heyde was arraigned upon an indictment charging'

him 'with, forging andmttering ' a cheque or order for the payment of money with intent to defraud on 17th and 27th Oct.— Prisoner pleaded guilty, but said he was in difficulties at the time, and a stranger in Auckland. His Honor', in passing sentence, noted' the deliberate and skilful way ' in whioh prisoner had, perpetrated these robberies, and especially in his imitations of signatures. The sentence upon him would be three years', penal servitude.