Criminal Sessions.

Thames Star, Volume XIV, Issue 4444, 3 April 1883, Page 2

Criminal Sessions.

(Pjeb Pbess Association.)

Auckland, Yesterday. The Criminal Sessions opened to-day. In bis charge to the Grand Jury, Judge Gillies said the.number of oharges was exceptionally small, being only eleven, but the number of persons was exceptionally large, viz., 51. There was a case by Maoris against ,19 Europeans, and a case by Europeans against 24 Maoris, the remaining six oases being by Europeans as against Europeans. His Honor, in

noticing a charge of rape preferred against a constable by his half-caste servant girl, said the case required careful.cor siSeration, as the girl admitted having previiously had an illegitimate child, and that while the accused twice committed the alleged offence in one night none of the five children who slept in the house seemed to have been awakened After referring to the case of attempted rape brought against a Maori man by a Maori woman as curious, if not ludicrous, His Honor went on to refer to the Cambridge ejectment case, wherein 19 Europeans were charged with forcible entry, by pulling down certainfences and destroying certain whares belonging to natives, notwithstanding their resistance. He quoted the legal definition of the offence, and then commented on it, saying that what the law required was that a person ejected must be in possession, and then if another came with force of arms or a multitude of people to dispossess the person in possession he committed the crime of forcible entry—the question _of J right or title to the property had nothing to do with the charge, The law dis* couraged the use of the strong hand; it required an appeal to be made to itself. If the facts alleged were proved there was ; no doubt the offence was that of forcible entry. The remaining case was one in which 23 natives had been committed on a charge of assault and robbery with violence. Now the essence of this crime was intent to steal, and it would therefore have to be shown that the object of the assault was intent to steal (section 43 of Larceny Act of 1867 quoted),—the other circumstances were accessories, which made the offence still more serious. It was pro^ bable the natives would be indicted for other offences than the charge on which they had been committed. If the latter bill were presented to them, however, it would be for the jury to say whether the evidence bore out the intent attributed to the accused. If they had some other object than robbei j in view in making the assault, then they were not guilty of the offence under notice, although they might be guilty of others for which they would doubtless be indicted—The Grand Jury returned no bills in the cases of Nicholas March, ex-constable, for rape, at Maketu; and of Hie, a Maori, rape on a native woman at Maketu. Charles Werner was acquitted on charges of larceny and horsestealing. Henry Whiiaker Duval, for larceny as a bailee, three years' penal servitude.

This day. The Supreme Court has been occupied all the morning in hearing a charge of cattle stealing against Thomas Gathercole. True bills have been found against Mabuki and 22 followers, on six counts; E. B. Walker and ethers, concerned in the Cambridge ejectment case; and Whafcauta for perjury. The bill was ignored in the case of John and James Lanigan for malicious injury to property. Chbistchtjrch, Yesterday, Judge Johnston passed the following sentences to-day : —lsaac Levy, 4 years' penal servitude for forgery; Hy. Doom, 12 months' imprisonment with hard labour for larceny from the parson; Richard Carrol, alias Care, 3 years' penal servitude for larceny in a dwelling; Wm. Leake, for attempt and indecent assault, sentence deferred, as the Judge may reserve a point for the Court of Appeal. William CoDnor, indicted for burglary, and, on a second count for larceny in a dwelling, was by oversight counted on the general indictment, though the charge of burglary was withdrawn. Mr Stringer, who defended, raised the point that the verdict was not supported by the evidence. Decision on the point reserved til! to morrow. The Grand Juiy fqurd no bills on the indictments against Eowron Brothers, for breach of the Arms Act, and against the four men accused of rape. The trial of Katima Jacob, a Maori, for the muider of h;s wife, will be taken to-morrow.