WELLINGTON

Colonist, Volume II, Issue 176, 28 June 1859, Page 3

WELLINGTON

TnE crimi ial .-ittirgs of the Supr-me. Court opened on tlie 14th instant, when his Honor Mr. Justice Johns on delivered the following oh.nr.re:—

Gentleman of the Grand Jury,—l am glad to know that the necessary postponement, for a short period, of the holding of the Circuit Court for this quarter has not been productive of any inconvenience to the public ; and it affords me satisfaction to believe,, that the labors of the Judges in Conference at Auckland, which has caused the delay, are likely to be productive of important results—tending to secure reeisioh, uniformity, and confidence, in the administration of justice throughout the Colony. Events, too notorious, have occurred since I last sat in this place, which have well justified the observations I then deemed it my duty to make with respect to the prison of this Province. If those occurrences, with the surrounding and subsequent circumstances, fail to cany to the minds of the responsible parties a conviction of tbe necessity' for a thorough reform in the arrangements and the discipline of the. gaol, I fear no observation or remonstrance of mine will produce any effect.;

Still, I must discharge my conscience by repeating ' litre, at the proper time and place, the warning which I have already given—that unless the sentences of this Court be carried out with certainty and effect—unless prisoners be deprived „'.6f Jail 'reasonable hope of escape —unless their treatment in prison 'be"such as to amount to a sensibleland salutatory punishment—the administration <of justice- will ■ soon become an idle mockery ; crime.will gain strength and confidence ; regular criminal,classes (the worst bane of society) will be developed and established ; and incalculable trouble, difficulty, and expense, will be entailed on the colony, which timely care and precaution might have either entirely prevented, or at least greatly diminished. I cannot believe that the authorities or the inhabitants of a country like this will long remain apathetic as to matters of so vital and essential importance. lam aware that some steps havo already been taken in the right direction, and T sincerely hope that very soon the good sense and good feeling ofthe colony will free it from the reproach and dishonor which must necessarily attach,to it, if while it boasts, with good cause, of civilised people, it should fail in the first and most essential object of civil society, the protection of life, property, and liberty. . I-am informed that a charge has very properly been made against a person resident at the Hutt for wounding, by a pistol shot, an aboriginal Native who was acting as a constable shortly after the escape of prisoners of which I have heen" speaking, and during the excitement consequent upon that event; and I understand that the investigation of the case has been postponed, first On account- of the condition ofthe wounded man, and afterwards, in consequence of the much to be regretted illness of the Be.sident Magistrate. I mention this at present for the purpose of re-' UMirine th* Natives, friends of th« injured man

and others, that they need not bounder any apprehension that this,matter will not be thoroughly ■sifted, and that justice will not be done respecting it. .That a" gang of eight prisoners, wearing irons, some of'them already convicted of violent prison breach, and accompanied by their usu-il guard, should at mid-day have made a murderous onslaught on their keepers, —should have, as 1 may well express it, taken the prison by storm, robbed it of its arms and ammunition—escaped as it were, before the faces of the people of this town to the fastnesses of the surrounding country,—that five of them should for a considerable period of time have kept the town, with, its 6000 inhabitants, and all its appliances of police, military, and magistracy, as it may well be termed, in a state of siege, and the outlying settlers in a condition of sleepless alarm, —that two of the eight should •till, after the lapse of so many weeks, remain at large, are facts which need no further comment from me, but which surely will lead to some improvements of system, and some increase^of, care and vigilance. With the indictments which will ,be presented to you against the six prisoners who have been recovered you will have no difficulty iv dealing. Providen* ia'lly no life has been sacrificed, and I understand from the depositions that the injuries inflicted by the prisoners in the course of their attack.were not such as to constitute a capital offence. I presume, however, that the prisoners will be charged with shooting with intent to murder; and with respect to that charge, I may tell you, in the first place, that persons must be taken to intend that which is the probable and natural consequence of their act ; and there can be no doubt that if a person, voluntarily, without lawful excuse,-discharges;a Tooled-pistol or gun at the head or body of another, arid if death ensues, he'will be guilty of murder; and if death does not ensue it would hardly be permitted to the assailant to allege that he did not intend to murder the person attacked. In the second place, I would remind you that not only the person who does such an act .-as this is responsible, but all persons who were present aiding and abetting him in so doing are also liable as principals. If you think that the prisoner Cnllen, in firing upon the turnkey, did so in pursuance of a design common to all the party,—if. you think that all the party were acting in concert after haying resolved to effect their escape, and to use violence if necessary,—then the whole of them are responsible for the act of each, and all are guilty as principals. If, however, you should see reason for believing that some of the party, although they took advantage of the circumstances to effect their escape, were not acting iv concert with the others 'who were prepared to use violence, you may, if you think fit, ignore the bill with respect to them. Isuppogeindictments will also be presented either for prison breach or escape. Ido not quite gather from tlie depositions whether there is any evidence to shew that there was much violence used without: but I presume you will have no difficulty on that subject when you hear the evidence.

Before I proceed to the other cases in the calendar, I feel it my duty to advert to one other matter connected with the prison. A coroner's inquest and depositions have been returned into the Supreme Court respecting the death in the gaol of a person named John Rush. It appears besides some other irregularities in the proceedings, that this anomalous state of things has arisen. A gentleman, with respect to whose competency and character I can have no doubt, discharges, it would appear, the double duties, of coroner for the district, and surgeon to the gaol. The prisoner in question, after exhibiting some symptoms of illness, died very suddenly, the surgeon having be™ sent for, but not having arrived in time. An inquest was held, at which the surgeon-coroner presided ; and the jury, without having any evidence of medical witnesses, or any testimony a*** to the cause of death before them, found a verdict to the effect that tiie deceased had died from natural causes. Now, however high may hive been the character of the gentleman placed in the position of coroner, it was obviously very undesirable that he who was the person responsible to the public for attending to the health of the prisoners, should find himself, hi the discharge of another duty, placed in a position which prevented him from giving evidence on oitfch, and in which, it might be suggested, he had au opportunity of screening himself from a charge or negligance.

I mention this at present, chiefly for the purpose of raising the question, whether ifc might not be desirable that some legislative provision should be made for enabling some other person to act as coroner in a district where the coroner is a medi<-,-tl man, and where the deceased person, about whose death the question is raised, has been under his care; and I would take this opportunity of suggeacing that, in the meantime, a coroner, in the jiosition 1 have just described, ought, at all events, to cause an examination to be made by one or more, independent medical men, as to the cause of death, and their evidence on oath to be submitted to the Jury. An indictment will be preferred against a person named Griffiths, for cutting with divers intents. The case needs no comment from me. If you are satisfied that the injury was inflicted, and by the accused, you will probably find a true bill, and leave the question ofthe particular intent for the consideration of the Petty Jury.

Depositions have been returned to the Court against a man named Peter Osteen, who has been committed for trial for the wilful murder of James Clarke. The case is one of the extremest importance, and deserves the most careful investigation ; but it appears that on account ofthe absence of a material witness, it will be impossible to bring the case before you on the present occasion. I regret the unavoidable delay. I cannot doubt that the necessary steps will be taken to prevent the frustration of justice.

His Houor then intimated that the Judges had made a rule that the practice in criminal cases should, in the meantime, be the same as in England; and informed the Provincial Solicitor,: that although the party bound over to prosecute is at present the only person to prosecute,; by himself or his counsel, yet the Court will be glad to avail itself of the assistance of the Provincial Solicitor till another system of prosecution had been introduced.

! At the conclusion of his Honor's charge the" Grand Jury retired, and during the course of the day returned through their foreman a true bill. ■in every case that was sent before thero, viz.: —Griffiths, for assault; Culien, assault and breach of prison discipline ; Gaffnoy, assault and breach of prison discipline ; and.against Darley, Keliy, Stringer, and Woods, also for breach of prison discipline.

The Grand Jury made presentments to tlie Judge expressing a hope that his Honor would' represent to the proper authorities that as many, of the prisoners, and some of those of the worst characters, confined in the Wellington gaol are military prisoners, it would be hut fair and reasonable that a military guard should be allowed at the gaol. Also, bringing under the favorable consider-"* tioa of his Houor, that he may recommend to his Excellency the Governor a remission of their sentence, tlie conduct of those prisoners who aided the authorities in endeavoring to. secure the escaped prisoners.

The trials then proceeded. Griffiths, for assault, was sentenced to three months' imprisonment ; 03teeu, for the Rangitiki murder, was discharged; and of the prisoners indicted for breach of prison discipline, &0., two were sentenced to penal servitude for life, and the others for the term of six years, to commence at the expiration of their respective former sentences.

Light Bread.—There ia a hotel in New York where tlie bread i 9 made so light that the guests can see to go to bed without a candle after eating a moderate siaed piece.