SUPREME COURT.

Tuapeka Times, Volume VI, Issue 298, 16 October 1873, Page 5

SUPREME COURT.

CRIMINAL SESSION.

Monday, October 6. (Before His Honor Mr Justice Chapman.)

The quarterly session of the Supreme Court for the despatch of criminal business commenced to-day ; his Honor taking his seat on the bench at 10 a m. The following composed the Grand Jury : Messrs H. F. Hardy (foreman), A. Burt, C. R. Howden, J. Bumside, G. W. EHott, P. Thomson, R. Hudson, S. G. Fildes. T, Baworth, R. H. Leary, R. Banks, A, Gibbs, H. J. M'Lean, T. W. -Kempthorue, A. Bartleman, T. C. Matheeon, and G. F. \ Reid. LASCEK/ AS A BAILBB. Francis Win. Armstrong was indicted for having at Dunedin, on July 9, stolen a cab, the property of one Edward Holmes. Mr M'Keay defended. Tne facts shortly stated were these : Prisoner hired a horse and cab from one Collie, with the right to purchase it for L 25. Failing to make the stipulated payments punctually, Holmes, as Collie's agent, took possession of the property, and, having purchased the cab in the meantime, let it out to Armstrong, who sold it to a blacksmith named Carver, for L 6. Mr M'Keay contended that the evidence clearly showed that Armstrong had no intention to steal the property. He then made an ad m'userkordiam appeal to the jury. The prisoner was only 19 years of age, and had a very young wife, who was about to become a mother. He had been guilty of an error of judgment, for which they would not send to jail. To do so would be to manufacture thieves. The jury retired at 12.45, and on returning into Court at 2. 15 tho foreman intimated that ' the prisoner had been found guilty, with a recommendation to mercy, as prisoner might have had a doubt, though in the mind of _ the jury not a reasonable one, as to the original agreement having been cancelled. Senteace was deferred, to enable Mr M'Keay to produce evidence as to the character ef the prisoner. BOEBKRY FROM THE PERSON. Daniel O'Brien was indicted with having, on the sth September, stolen from the person of Felix Pyrko, steward of the s.s. Wallabi, L 6 12s in raoney, one two-and-a-half dollar pie.;e, and one gold ring. Prisoner, who was undefended, pleaded not guilty. 'Jhe jury, without retiring, found the prisoner guilty. His Honor said there were three previous convictions against the prisoners • two at Hokitika and one at Oamaru. He would be sentenced to penal servitude for three years. ASSAULT. John Robinson Mercer was charged with having on tho 28th August assaulted Lavinia Nicbolls, a little girl eight years of age. Prisoner, who was undefended, .pleaded not guilty. .Assault. John Robinson Mercer, charged with assaulting Lavinia Nichols, eight years of age, was found guilty and sentenced to twelve months' imprisonment with hard labor.

Tuesday, October 7. His Honor took his seat on the Bench at a few minutes past ten. SENTENCE. Francis William Armstrong (21), convicted the previous diiy of selliug a cab the property of Edward Holmes, of which he was the bailee, was brought up for sentence. hit M'Keay said he understood that the •accused had only been in the Province niue months, three of which he had passed in gaol. The finding of the jury almost amounted to an acquittal. His Honor remarked that he had noticed the verdict, from which it appeared that accused might Lave been mistaken in the law. Mr M'Keay continued, saying that accused was only twenty -one, and bad a young wife. He drew the attention of his Honor to the jury '8 recommendation of the prisoner to mercy. His Honor said tbat 1 o,n account pf th.c youth of the prisoner and tlbe recommendation of the Jur> the. sentence would be a very light one. Prisoner would be sentenced to four calendar months' imprisonment, and his Honor hoped that that would act as a warning to him. GOLD STEALING. Jong Eye was indicted with having, on the 14th September, stolen five dwts. of gold, the property of Samuel Webster and others, gold miners at Beale's Flat, near Macetown. Samuel Webster Smith deposed : I am a miner residing at Macetown, twelve miles from the Arrow. I am part proprietor of a mining claim at Beale's Flat. The claim is worked by sluicing. The tail-race bad been in work three wteks previous to the 14th September. On the We dnesday previous to that day the claim was prospected, and' the stuff in it I valued at'l6sj 1 sa\f prisoner on Sunday, the l^th September, between three and four o'qlopk, ip the middle of our tail-race, washing' a dish of dirt. I called out to him, and when he saw me he threw the dirt out of the tin- dish and ran away. 1 followed him, and afterwards caught him. c cried, and said that be did not mean to steal the gold. The gold was valued at L 3 15s an ounce. Joseph Dowder : I saw the prisoner on plaintiff's claim between two and half-past two on the Sunday. I have knows him' for twelve month?. When I first $aw he was going in the direptip,n of the tail-rage. J was behind him and dp, nqt think he saw me I watched him washing dirt in the paddock for five or ten minutes, and when I went away he was working there. — To the Judge : It was plaintiffs paddock that I referred to. — Re-examined : I saw him scrape up some dirt as I left, but did not see him wash it. Sergeant Hunt : Prisoner was handed into my custody by the. witness Smith at Mace- 1 town. ' This would be half-a-mile from Smith's claim. I searched, him, bttt did nob find anything on him. Prisoner said he only went to prospect. The jury, without leaving % b'.px, found the prisoner guilty of an. attempt to steal j and the Court sentenced him to three calendar months' imprisonment; THE ASSAULT AT ANDERSON'S BAY. William Smith (on bail), Thomas Jerome, Thomas Cochrane, and Themas Ritchens, were charged with having on the Anderson's Bay Road, on the 19th June, violently assaulted William Saunderson. Mr Harris defended the prisoner Smith, and Mr Wilson the other three. The evidence for the Crown was in substance similar to that given at the" preliminary investigation. " ■• i RKGINA V. COCHRANE, JEROME, RITCHB.NS, and sinrpi. No witnesses were pajled.' for the defence, and the jury wa* addressed by Mr Wilson on behalf of the prisoners Jerome, Cochrane, and Kitchens ; and by Mr Harris on behalf of Smith. The Judge briefly summed up, and the jury, after a retirement of about an hour and a half, brought in a verdict of " Not Guilty" against the prisoner Smith, and a verdict of l% Guilty" against Jerome, Ritchens, and Cochrane. They recommended Ritchens to mercy on account of there being no evidence to show that he had struck any blows His Honor, in passing sen^enoe, said the prisoners had been found' guilty upeo evidence tb»t he thought could leave no douty

npon tie minds of any persons who heard it that the finding of the jury was correct. There was no doubt that the three prisoners were engaged in this assault, and. he must say that such a brutal and cowardly attack by three or even two men upon one unfortunate man, was absolutely disgnstiag to all those with the spirit of men about them. He could only characterise it as cowardly and brutal, for as soon as Nichol and his assistant were attracted to the spot by the cries of the unfortun ite man down in the ditch — when there were three to three— the prisoners decamped, showing the cowardlike character that they displayed throughout the whole transaction. It was true that the prisoners had been detained in gaol for some months, but he could, hardly take that into consideratian. He must pass npon them such a sentence as would mark the enormity of the offence, for he thought that as an assault it was almost without precedent. The sentence of the Court was that Thomas Jerome and William Cochrane shonld be imprisoned, and kept to hard labor, for twelve calendar months. With regard to Thomas Ritchens, he would take into consideration the jury's recommendation to meicy, on account of the absence of proof that be strtick a blow— which recommeudation he approved of. The sentence of the Court was that Thomas Ritchens should be imprisoned and kept to hard labor for six calender months.