SUPREME COURT.

Tuapeka Times, Volume III, Issue 219, 11 April 1872, Page 6

SUPREME COURT.

CRIMINAL SESSIONS.

April 3. (Before His Honor Mr Justice Chapman.)

The criminal session of the Supreme Court commenced this morning at 10 o'clock. The Grand Jury were Messrs Thomas Dick (foreman), W. O. Ball, J. Curie, Alexander Douglass, John Fargie, Robert Gillies, A. H. Jack, Alexander Kirkland, George Matthews, J. R. Mackenzie, George O'Brien, A. T. Oswin, W. A. D. Pit;, Thomas Redmayne, Charles Reid, John Sperry, George Turnbull, Job Wain, J. Walcott, Thomas Wilkinson, George Young, J. Wilson. The Grand Jury having been sworn, His Honor said the cases to be submitted for their consideration this quarter were not very numerous, nor such as required much comment. He should say, however, that since the last session of the Court, a District Court had been established at Oaraaru ; and therefore the number of cases tried in Dunedia did not precisely represent the state of crime in the whole Province. Here there were seven cases for trial, and four cases were tried at Oamaru ; so that the stock of crime, so to speak, during the present quarter, amounted to eleven cases — not a very considerablenumber. Those caseswere mainly larcenies and ordinary crimes not requiring comment. There was one case in which Wm. Brown was charged with arson ; but the evidence consisted of conversations of the prisoner's own, coupled with other circumstances. It appeared he had had some dispute with his landlord respecting his lease and the transfer of certain property and threatened to set fire to it. Shortly afterwards it was burnt ; and this threat, coupled with other circumstances, might enable them to find a bill against him, leaving it to the petty jury in investigate the subject thoroughly. There was also the case of Hartley, recently committed by the Mayor, on a charge of horse stealing. There were two charges against him, and the evidence was such that, without trying to influence the petty jury against the prisoner, it would be quite sufficient to justify finding a bill. There were two cases of assault, arising out of the same transaction, one in which a a Chinaman assaulted a European, and the the other in which a European assaulted a Chinaman. There would be a little difficulty arising out of doubtful identity of the Chinaman ; but in cases of that kind it was better for the Grand Jury to accept moderate evidence of identity, leaving to the petty jury to examine it more carefully. The difficulty was that when the accuser was called upon to pick out the man from a number of Chinese he selected first one and afterwards the prisoner. This, in the case of Chinese, arose from want of acquaintance with the peculiar features of the race. No doubt foreigners find the same difficulty in identifying Englishmen. No doubt sufficient evidence would be given to justify findiug a bill. The other cases did not need observation.

The Grand Jury having found a true bill against J. Curtis for stealing a silver watch and chain, he pleaded guilty, and was sentenced to eighteen mouths' imprisonment with hard labor.

STEALING FROM THE PERSON.

Kate McDonald was charged with stealing a silver watch and chain from Henry Hodson. Mr Haggitt, the crown prosecutor, stated the case. From the evidence of the accuser it appeared that he accompanied the prisoner to her house, a brothel, and there she robbed him of his property. She denied having done so, but information having been given to the police, the watch was found concealed in a closet. The jury, "vrithout retiring, found the prisoner guilty. On being questioned she said she was 2i years of age. His Honor, in passing sentence, remarked that although the prisoner had not been previously convicted before the Supreme Court she had been, eight times convicted of drunkenness, three times for abusive language once for habitual drunkenness, once for disorderly conduct, and once for wilfully damaging property. It was evident her conduct had been most reckless and disgraceful. He trusted during the term of imprisonment she would endeavor to correct the tendency to crime. The sentence of the Court was that she be imprisoned 18 months, with hard labor.

ASSAULT.

Ah Cheong, a Chinese, was charged with assaulting and wounding Robert Scott, with intent to kill. There were three other counts, charging him with minor offences. Mr Barton, with him Mr M'Keay, appeared for the defence. The Crown prosecutor stated the case, from which it appeared that Scott is a miner, and at the time of the offence was living at linker's Gully, where, ontnellth February a man named Morgan sold some pork to a Chinaman, and cheated him in the weight. The Chinese took it back and demanded the return of the money, which, being refused, a disturbance took place, and an attack was made upon Morgan. Scott interfered to protect him, and was struck by a long-handled shovel, which cut his elbow to the bone, and by another blow his arm was broken. Scott, in his evidence stated, that on the row taking place, the Chinese came by half-dozens and half-scores, with picks and shovels. The prisoner was armed with a shovel, and aimed a blow at Morgan, apparently intended to cut his throat, on seeing which, finding it necessary to interfere, he was wounded as described. The disturbance took place on a Sunday. Scott stated that on the following day he accompanied the police sergeant to the Chinese touts, and pointed out a man as the assailant, who, however, he was aftrwards convinced was not, and that the accused was arrested in the Court House at Blacks. Dr Niven described the wounds, which were a contused wound on the arm, and a simple fracture. The counsel for the defence declined to call evidence. The police sergeant, M'Cann, being called, said that on going with Scott to identify the man who assaulted him, he pointed out two, for one of whom he obtained a warrant for his arrest, but neither of them was the prisoner.— Found guilty on the fourth count. Sentence deferred. Thomas Hewson pleaded not guilty to a charge of stealing from a dwelling.

J. T. Hartley charged with horse-stealing pleaded guilty. Sentence deferred.

■WOUNDING A CHINAMAN.

Frederick Morgan was charged with unlawfully wounding Ah Lott at Blacks, on the 11th of February last. MrHaggitt appeared for the prosecutor; Mr Stout for the defence.

Mr Haggitt, in opening the case, said prisoner was a butcher, residing at Dry bread, near Blacks, and took his cart with meat to the Chinese camp. Prisoner sold the Chinamen some pork, and a dispute arose about the weight, on which prisoner struck Ah Lott with a long-handled shovel on the head, inflicting a serious wound. Ah Lott, whose evidence was given by an interpreter, said he was a miner. Prisoner I came to him at (Tinker's with pork to sell, and he brought sGlbs. He doubted it being sufficient weight, and asked another Chinaman to weigh it, and found it short by 201bs. The meat was again weighed in a European's scales, and found to be only 361bs. Witness , subsequently, saw prisoner and wanted to weigh the meat in his own scales, but prisoner would not let him do co, and there was a struggle between them. Prisoner struck another Chinaman who was with him with the scales, and hurt his head. He also got a shovel and Btruck witness on the head and Bide, at the time witness was seeing to the other Chinaman's wound. After he was struck he lost his senses, and the first thing he recollecjted was being taken to the front

of the store, and his wounds being dressed by a doctor. The jury returned a verdict of acquittal.

April 4.

SENTENCES.

J. Hartley was brought up to receive sentence on the charge of horse-stealing. Upon being asked if he had anything to say, prisoner pleaded his having a large family dependent upon him, and promised, if dealt with leniently, to make amends for the past.

His Honor, in passing sentence, said three previous convictions ha 3 been proved against him at Westland, and he could consider nothing but what was before the Court. As regarded his family, he must have had very little regard for them, and unfortunately it was always a great misfortune in such cases that part of the punishment which fell to the husband was borne by the wife and children. The sentence of the Court was, on the first indictment, penal servitude for four years, and for the second, that he should be imprisoned till the rising of the Court. Ah Cheong was sentenced to be imprisoned with hard labor far two years.

ROBBERY.

Thomas Hughson was indicted for stealing a quantity of clothing and various other articles, belonging to Walter Bell, near Queenstown, on the 20th of February last.

Walter Bell, manager of Mr Malaghan's two farms near Queenstown, said he worked on both farms. On the 20th of February he was sleeping at the farm at Arthur's point and in the day working at Speargrass flat, which were three miles apart. He slept in the hut by himself and on the above-men-tioned morning he left it at five returning at eight at night- On turning into bed he missed his blankets, ana on going to Jbis trunk he found a number of articles gone, including clothing. In one of his trousers pockets he had left L3 in money. On the following morning he took a horse to go to Queenstown for the purpose of giving information to the police, and on the road he met prisoner, told him of his loss, and asked hi en what he should do to recover his property, Prisoner i advised him not to go to the police as they could do nothing for him. Prosector, however, did so, and shortly after they were discovered by Sergeant Smith at Mrs Cameron's, where prisoner had been the staying the day previous. W. Hodson, fruiterer, Queenstown, said he went to Bell's hut on the 20th of February in the afternoon, and saw the prisoner there. Prisoner asked him whether there -was a man on the farm named Briggs. He afterwards asked him the road to Queenstown and went in that direction, but witness did not see prisoner with any swag on his back a\ that time.

James Hartley, farmer, Arthur's Pw'nt, said he met prisoner with a blue swag on his back half-way between the hut and his farm on the evening of the 20th of February* Prisoner was going in the direction of Mr Cameron's. Soon after Bell came to him and told him of his loss.

Catherine Gregg said she had seen the prisoner at her mother's place, Mrs Cameron's, on the day mentioned. He came from the direction of Malaghan's farm, and was carrying a blue swag, together with a new pick. Prisoner sat down by her side, and afterwards went in and had some tea. He afterwards asked her if she could send up his swag for him in the morning to Skippers, and then put it in the back place. Sergeant Smith came to her mothers house next morning, and witness pointed out the swag to him, which he took away. Prisoner came soon after, and said the sergeaut had no business to touch his property, and afterwards went away. Sergeant Smith, stationed at QueenstowD, gave evidence to the effect that he found the property upon Mrs Cameron's premises, placed in a bedtick and tied up in a swag, and was informed by Catherine Gregg that prisoner had placed "it there along with another swag. Prisoner, in reply to the charge, said he knew nothing how the property came upon Mrs Cameron's premises. On the day previous to the loss of the goods he was at Queenstown, and got letters for a friend, and afterwards went to Malaghan's hut on the farm. He then went to Mrs Cameron's with his swag and pick, but not the swag which Sergeant Smith opened and took away. The jury found the prisoner guilty. His Honor said he concurred in the finding of the jury. The prisoner had been before the Court on two previous occasions, and had got off. This ought to have been a warning to him. The sentence was that be be imprisoned for the term of two years, with hard labor.

This concluded the business before the Court.