THE COURTS.

Tuapeka Times, Volume VI, Issue 283, 3 July 1873, Page 5

THE COURTS.

SUPREME COURT, LAWRENCE. CRIMINAL SITTINGS. Monday, 30th June. 1873. (Before His Honor Judge Chapman.) The following were the Grand Jurors, who, after answering to their names, were duly sworn: — T. \nclersoti, A. Armstrong, A. Burns, 11. W. Coverlid, H. C. Clayton, S. Caudwell, J. Harrop, M. Hay, J. Kofoed, G. Lumsden, James Low, Wright Low, W. M"Beath, A. Ferguson (foreman.) Hi& Honor, in addressing the Grand Jury, said there was only one case on the calendar, and it was a very simple one. There were but three witnesses to be examinpd. TJie case was one of horse stealing. The jury would bear in mind that if a man hired a horse in Lawrence to go a short journey — to the Beaumont, for instance — and did not return it immediately, that could not be called a larceny ; but if sufficient proof were adduced to show that the prisoner attempted to convert the property to his own use, then a conviction should follow. His Honor reminded the jury that their functions were neither to convict nor acquit, but merely to ascertain from the evidence if they considered there was sufficient proof to send the case to the petty jury. The Grand jury then retired, and on returning found a true bill. The charge was read, and the prisoner, Pon Ah Quon, through Mr. Blewitt, Government Interpreter, pleaded Not Guilty. The following petty jury was then impanelled, viz. : — A Taylor, W. Cairns, J. Cahill, J. Bowsistow, W. G. Carr, D. Whittet, W. Livingston, J. Norman, T. Culligher, — Costick, . W. Duff (foreman.) Mr. Mouat, who appeared as Crown Prosecutor, after stating the case, called James Docherty, who deposed — I know the prisoner. I remember him coming to my hotel on the 22nd February. Accused hired a horse 'of me to go to the Teviot

and the Pomahaka, at 7s Gd a day. He got the horse, and T saw nothing of it again till April 7th. Prisoner spoke very good English. He disputed the price, and said 7s. 6d. was too much. He said he would come for itjin an hour. T had occasion to leaTe the house, but before doing so I saddled the horse. My wife gave prisoner the horse on his return. I never authorised prisoner to sell the horse. I have seen it since, and recognise it again. It is now outside the Courthouse. When prisoner took the horse away he expressly stipulated with me that it was for one week. The prisoner asked two or three unimportant questions. Elizabeth Docherty was next called, and deposed that she recognised the prisoner, whom she remembered seeing on the 22nd February last. She saw M'Kenzie, the groom, giving prisoner the mare by her husband's directions, and he took it away. He said he would return it in one week. Khy None deposed, that he was a gardener, and resided at the Dunstan. He knew the accused, and saw him at the Dunstan about the end of March, on a Friday, lie had a mare with him — the one outside the Courthouse It was tied up at the back of a Chinese store. Prisoner said the mare was his own, and that he had bought it in Dunedin. Prisoner asked him if he would buy the the horse, which he offered for £14. He replied that he would not ; lit had no use for it, as he had horses of his own. Prisoner said he was going about collecting his debts, after which he intended returning to China. Examined by the prisoner. — Did I speak in earnest, or was I joking? Witness. — Could not say whether prisoner was joking, but he'did not think so. Mr. Mouat said this concluded the case for the prosecution. He had no reply to make. Prisoner had not any witnesses. The prisoner then made the following statement : —First of all he hired a horse of Mr. Docherty, agreeing to pay him so much a week for it. After having taken the horse, he went to the Teviot, and afterwards to the Pomahaka. He was looking about for various persons, and not finding them he went to the Dunstan. He then went to the Ilogburn, and was so busily engaged that he had not time to bring the horse back. His intention was to go from the Hogburn to Macraes, then to Waipori and Tuapeka. After bringing the horse back, it was his intention to have paid for the hire of it for the number of days he had it away ; but he was arrested in the meantime, and could not carry out his purpose. His Honor, iv summing up, said the case would turn on what the jury considered the intention of the prisoner According to Docherty 's evidence, the horse was to be returned in a week. It was hired for a particular purpose — to go to the Teviot and the Pomahaka. So far as the fulfilment of the engagement was concerned, if prisoner had wrongful^ turned the lmrae out and left the saddle at an inn, that, would not have constituted a felony. The question to be considered is the demeanor of the prisoner. He altogether diverts the horse from the line of contract ; he is found a long way out of the line of road agreed upon. Going to the Teviot and Dunstan is one direction and to the Pomahaka is another, and the horse was found at the Dunstarr, and the Chinese witness swears that the horse was there offered to him for sale. He was dealing with the horse, which he well knew was not his. If the jury think the evidence proves intention that would constitute in the eye of the law sufficient ground for conviction. If, however, the jury think the prisoner spoke in jest when offering the horse for sale at the Dunstan, it would not constitute larceny. The jury must examine the evidence brought before them, and return a verdict accordingly. The jury retired, and returned in ten minutes with a verdict of " Guilty of intent to steal." His Honor asked the prisoner's age, : which was stated to be 28 years. ' After the usual question was asked the prisoner, if he had anything to say why sentence should not be passed upon him, to which he replied in the negative, His Honor asked the Interpreter to inform the prisoner that the jury had found him guilty of intent to steal, and the sentence of the Court would be imprisonment in the jail at Lawrence for six months ; and he might consider himself fortunate with the decision of the jury, and if he came before the Court again, he would receive a more severe punishment. The Court then adjourned.