SUPREME COURT—WESTLAND DISTRICT.

West Coast Times, Issue 103, 16 January 1866, Page 2

SUPREME COURT— WESTLAND DISTRICT.

Monday, Jan. 15.

(Boforo his Honor Judge Gresson )

According to announcement, the Criminal Sittings of tho Supreme Court in Hokitika commenced yesterday, his Honor Judge Gresson taking his seat at 11 o'olock punctually. The legal profession was represented by the Crown Prosecutor, Messrs. Campbell, South, and Johnston, Tho proclamation of tho distriot having been read, tho following gontlomon were empanelled as a Grand Jury : — Messrs G. Aldrich, J. 11. Anderson, J. Arkell, J. Bonar, G. W. Binney, M. Cassius, Thos. Clark, J. Chesnoy, Thos. Ohing, It. Ecclesliold, P. H. Elliott, G. Finlay. J. Hall, F. Greor, J. M'Rae, A. Mouatt, T. Munro, S. Palmer, It. Reoves, J." Spence, W. Swanson, M. Sprot. Tho last named gentleman was chosen as foreman. Aftor they had beon duly sworn his Honor delivered the following ohurgo, which was listened to with great attention ; — Mr Fokkman and .Gk.n'tlkmkn op tub Gbamd JUHY OP Til K WbSTMHD DISTRICT,— ■ You havo learnt from the Proclamation which has just beon read that this part of the West Coast, together with other parts of the Provinces of Canterbury and Nelson respectively, in the proclamation spcoificd, has been constituted a separate judicial district, having a Judgo of the Supreme Court assigned to it, and that a session of tho Court is appointed to be hold hero twice in every year. However insufficient for tho 'wants of tho distriot such a provision may be iv your opinion, I am suro that you will agreo with mo that it is a step in tho right direction, and that you will receive it thankfully as an acknowledgment on tho part of the General Government that one of the most important duties whioh it' owes to the colony is to mako proper provision for tho administration of tho law. I. think that credit is duo to tho Provincial Government also, for the expedition with which it has erected the Court-House in which we aro assembled, which, thoughdefectivoinsomo respects, has been desigucdand completed in a liberal spirit, I am aware that there is a conviction provident here that a session of the Supreme Court twice a year will be found lo bo insuflicient for the wants of the distriot, and that it is entitled to have a Resident District Judge at least, if not a Judge of tho Supremo Court. Upon* this point, Gentlemen, it is unnecessary for me to express an opinion at present ; but I may stato what I know to be fact, that the subject has for some lime past been under tho consideration of the Goneral and Provincial Governments, and that it is their desire to make as ample provision for the wants of tho district in this respect ns can be made consistently with the resources of the colony, and a due regard to tho claims- of other districts. Gentlemen, tho important question how the Supreme Court is to bo made mosc efficient, whon viewed, as tho Government is bound to consider it, in a spirit of impartiality towards tho colony as a whole, is one of '•considerable difficulty, and cogent arguments may be • Urged (Kjahist as well as for tho localization of the Judges in separate districts. I bolieve that I am warranted in stating that provision will probably bo mado for holding Sessions of this Court wichin this district moro frequently than twico a year, if the prosont arrangement should bo found to bo unsatisfactory. I apprehend that tho department of the law in which tile want of a resident Judge will bo felt most deeply will bo the Bankruptcy business, in which even quarterly Sessions of -this Court could not adequately supply the wants of tho mercantile community. It is my intention, howevor, to communicate with tho Government on this subject on my return to Clu'istohuroh . Gontlomen. soon after my arrival I visited the gaol, and being surprised and shookod at tho insufficiency of the accommodation, nnd at the condition in whioh I found the prisoners, I requested Dr. HoriuU, tho medical officer of the department, to furnish mo with a report, stating tho dimensions nnd number of tho colls, tho numbor and condition' of prisoners confined therein, togothor with his opinion of the sulliciency or otherwise of the accommodation, in a sanitary point of viow. Ho has kindly complied wilh my request, and furnished mo with a report, which I will road to you, and which is as follows :—: — "lIU'OUT UI'DN THE SI'ATB OP TUB HOKITIKA Gaoi,, 12th January, 1866. "Ist. That, in obedienco to the request of his Honor Judge Gresson, I personally visited the wholo of tho buildings now used as a place of confinomont or gaol in Hokitika. " 2nd. I found the said places of confinomont were situate upon what is known as tne Camp Reserve, and that they consisted of two buildings, containing ro pectivoly two and four colls, which woio of the undermentioned sizes, viz. :— Built of Logs. Cell No, I—l 2 feet by 10 feet, „ 2—12 feet by 10 feet. Built of Dkals, ' Cell No. 8 -30 feet by 8 foot, „ 4—lo foet by 8 foot, „ «~10 feat by 8 fart, «*"'"'

"3rd. That theso cells contained, in nil, sfl> prisoners, divided ns followH :—: — Cell No. 1 contained 13 prisoners. „ 2 „ 13 „ „.3 „ 9 „ ■„ 4 „ 0 . „ » II ° M „«„ 7 „ (N.B. — The only ventilation was by keeping tho door of the cells ajar, being fastened by a chain and padlock outside, thereby producing, draft, and affording opportunity for strangers to hold communication with the prisonors.) "4th. That thore was no ventilation (properly so called) in either of theso cells, and that their ' construction was of such a character as to render them totally unfit to be inhabited by more than one-half the present number of their inmates, and oven with that reduced number I could not certify that they were proper places in which lo confine any human being, from the foul air wliich must at all times be generated where ventilation is not properly attended to. " sth. That from tho limited spaco at tho dia- ( posal of tho authorities no separate accommodation wa3 provided for debtors, who wore thoroforo compelled to associate, not only with those pi'isonora awaiting their trials, but ovon with thoso convicted ; and that for Iho samo reason no classification of tho latter class was possiblo, nor could discipline bo proporly enforced. " 6th, My attention was direetod to tho fact that although for many hours it may bo nocossary to confino tho prisoners to their colls; yofc through tho want of a sccuro yard or ondlosed space for exorcise, and from tho scarcity o wardors, man} of tho prisoners woro dobarrcd from taking moro than half an hour's oxorciso por day. "*~ ,7th. I found that thoro was no mess-room or rooms, and thorofqro that all prisonors woro obliged to tako thoir meals in their cells. " Bth. During tho time I have beon callod upon to act as medical officer to tho Camp (Gaol) I have found tho prisoners thoroiu confinod havo suffered groatly from disoasos caused by tlip abovo evils, and that it has boon v matter of impossibility for tho constables, with ovory oxqrtion, to prevent tho cells from being infested with vortnin. " 9th. From tho strictest inquiries I haro mado I fool convincod that tho officer* havo done all in thoir power to romody tho evils abovo onumorated, but that thoy havo beon of a character beyond thoir control. " 10th. Thoro appears to bo no doubt that instead of a 'diminished numbor of prisonors, an inoreaso may bo certainly calculated upon, so that tho accommodation, totally inadoquat-o as it at prosont is, must bo daily becoming ' ■ moro so. •. , " 11th. With roferenca to the before recited facts, I havo the honor to submit tho following remarks, viz :- • "That the present cells are totally inadequate to contain more than half their present number of inmates. "That ovQn with tlint reduced number, proper ventilation should be provided. •'That accommodation bo inndo by which debtors may be separated from criminals, and spaco provided for classifying the latter. "That mess-rooms bo providod for each class of prisonors. " That properly and securely fonced yard 3or stockades bo provided for the exercise of all prisoners. " That there are no stretchers provided, and therefore tho prisoners aro compelled to lie on the ground. "That no provision has beon made for the separate sexes. , " That although I have stated in a previous part of this Report that the cells should not cdn* tain more than one half their present inmates. I consider that the largest cell is not Jit tocon tain more than four prisoner^. " I have oonfined myself to facts, and as far as possible abstained from commenting thereon, but in conclusion, must express my firm convic* tion that, unless steps are at once taken, to givo effect to my suggestions, not only will the prisoners be attacked with malignant fever, but that there is almost a certainty that the infection will bo spread over tho whole of th« community. "A, BERNDT, M.D."' • , Gentlemen, the foregoing statement needs no comment from roc, It is plain that not merely humanity to the unfortunate prisoners, but even a Bolfish regard to your own interests, requires that you should uso your* best exertions to have an impending evil of such magnitude averted. You aro, probably, awaro that a healthy and suitable site for a new gaol has been selcoted, and is being cleared, and lho.t plans of the building havo beon uvcpaied, but in such a case - as this, delays are and have beon especially dangerous. I shall be happy to be tho medium of communicating any representations that you may wish to make to tho Government on this subject. Gentlemen, the calendar is a heavy one. There are 33 cases, including murder, manslaughter, ' burglary, "robbery, aggravated nssaults, perjury, obtaining property by false pretences, and larceny. It will be your duty m each cose to examine tho witnesses that will bo sent to you by tbe Crown Solicitor, and to consider whether or not the ovidence adduced establishe.* prima facie the truth of the churgo laid in the indictment. You only, hear tho case for the prosecution, and your duty is merely to enquire whether • sufficient cause have been shewn on the part of the Crown for calling on the accused to answer, the charge. If the caso for the Crown appear to a majority of you to rest on mere remote probabilities, rather thau reasonable presumption "of iguilt, you should not expose the accused to the pain and anxiety of a trial. But if it be tho unanimous opinion of twelve of you at the loast, that a case has been mado' for putting tho accused on his trial, your foreman will ondorso on tho indictmont the words, "a true bill," attested by Ills signaturo as foreman. If, on tho bthoy hand, tho majority of your numbor should bo of opinion that a sufficient caso has not beon mado out,your foreman will ondorso on tho indictment in liko manner tho words "no true bill." However, as a goitoral rulo, you may find " a true bill" if satisQod of tho moral guilt of the accused. Having thus disposed of tho bills, your foroman, accompanied by his fellow-jurora, carrios them into Court, anddolivorsthomto tho Kogistrar. If in tho courso of tho inquiry any question should ai'iso upon which you may doßiro to havo tho assistanco of tho Judg6j your' foroman comos into Court, accompanied by his fellow jurors, and statos tho difficulty, and asks for tho direction of tho Court. Gontlomon, at tho {risk of being tedious to »uoh of you as may havo sorvod before as Grand Jurors, I havo mado thoso preliminary remarks, presuming that most of you are eorving now for tho first timo. I will*' now procood to givo you a goneral outline of tho points that you will havo to considor in determining as to tho various crimos that aro to bo inquired of by you. And first, with regard to tho highest- of 'thoso orimos— Murdor. It is tho folonious and wilful killing of another by a porsoii of sound mind, with malico, oithor expressed or impliod. Evory voluntary killing of another is prosumod to bo murdor, until tho contrary . bo shown ; and, therefore, if you should bo Batisfiod that thoro is reasonable ground for bolioving that tho death of tho docoasod was caused by tho prisonor, you will have no dif- ' fioulty in finding "a truo , bill." Manslaughter is tho unlawful and folonious killing of anothor without malico. If satisfied that tho death of the docoasod wasoausocl by tho violonco usod by tho prisoner, you will htvvono difiloulty in finding "a truo bill." Burglary consist* iv breaking into and on termg or breaking out of a dwolling house in tho night tirao, with intent to commit a felony Tho breaking may bo oithor aotual, as by ' forcing a door or window or breaking glass ,qr it may bo a constructive breaking, as by lifting a latoh or by lifting up a window olosod by Us own woight. Tho breaking must bo of some part of tho building oooupied as a dwell* ing houso, or some building attached thereto, and oorutuuuioating with it by & covered way ' Tho night timo must be some tirao botwooii 9 o olook In tho ovoninp and 6 o'olook in tho radvnftjg, and tho breaking nnut bo with intonl. to commit Colony, byjitfltt.lmggaod.fl Qv othovwlso. 1* WMHtHtf Htf »im of tyfcta^ u^j

must bo a felonious nnd'forciblo taking of personal property from the person v>f another, or in his presence against his will, by violonco * or putting him in fear. Tho oriino of perjury consists in knowingly making in a judioial proceeding a false statement on oath, before a competent jurisdiction, respecting a matter which is material to tho inquiry. Tt is necessary that thcro should bo •either two witnesses to somo ono or nioro of tho assignments of perjury, or ■one witness and documentary ovidonco or other material facts confirming Iho witness. The oflenco of obtaining goods under falso V-* " pretences is made out by showing that tho ■defendant falsely pretended ns tin existing fact that which he know not to bo a fact, with intent to defraud, and that by such pretence tho prosecutor was induced to part wilh his property. The prctonco may bo by conduit «s woll as words— as by assuming an oflieial character which ho did not possess. There is a caso to como before you of killing a bullock, with intent to steal tho enrcaso, whore tho defence is that tho prisoners thought that the animal had no ownor. Tho law on this subject is that if a man find goods that havo beon lost, or are supposed by him to bo lost, and appropriates them with intent to tako tho entire dominion over thorn, really belioving when ho takes them that tho owner cannot bo found, it is not larceny ; but if ho. takes them with tho liko intent, believing that tho owner can bo found, it is larceny. It is observable that in this caso tho animal had on liis head a now rope. It is cliflicult to supposo that under theso circumstances tho prisoners believed ,thnt tho ownor had either abandoned tho property or that ho could not bo found. Gentlemen,' I will not dotain you longer from your duties. If you should desiro my assistunco on any question that may arise in s'- tho course of your inquiries, I shall bo most happy (o give it. If you will now bo so good as to retiro to your room, tho witnossen will bo sworn, and tho bills ' sent to you without delay. Tho Grand Jury then retired. STKAI.INO OOLI). Henry do Pourettes, pleaded guilty to stealing 45 ounces of gold, the properly of A. St John White, on the 7th of September last, at the Greenstone Creek. Piisoner put in nn exceedingly well written letter, expressing his sorrow for having yielded to temptation, and called witnesses as to his character. Mr Sale, tho Commissioner, stated that he had known the prisoner in Christchurch, and had seen him trusted with money on various occasions. At that time he believed him to be a sober, industrious and well conducted man. Mr Sprot of the firm of Wilson, Burncll and Co., also spoko favourably of the prisoner. » Mr Tennent of tlie gold office, gave similar , testimony. ( 2 • His Honor said, ho v had carefully considered , * the letter handed in by the prisoner, also the evidence given in his favour. Under all tho circumstances he would pass a lighter sentence than he otherwise would have dove, which was, that the prisoner should be imprisoned fov nine months with hard labor. Mr Johnston applied for the gold to bo given up to his clients, the Bank of New Zealand, but Mr South opposed, and the application was postponed. • . STEALING FHOM TUB PKRSON. Thomas Kelly, was charged with having stolen 13 sovereigns and a nugget of gold, on the 20th of September last, from the person of George Aytoun at Greymouth. Tho prosecutor said, that on the day in question, he sold a canoe for £18 which he received iniiotes. lie went to tho bank and got sixteen • t>f the notes changed for sovereign?, which he put in his left hand trousers' pocket. In addition to this, he had a small nugget of gold that he had had iv his poseession . twelve mouths, and could identify. Witnoss had three or four drinks with tho prisoner after the * sale of tho canoe. Prisoner asked witness if he liad sold tho canoe, <uid on tho latter replying tliat ho had, he (prisoner) said that it had been bought by some old mates of his. Witness told ' prisoner what he had got for the canoe, and showed him tl^o money, After this they had some drink at a place kept by a man called " Barracouta Jack," and afterwards some moic •at Hall's an\l anuthor place: The last place was at Mrs. Cochrane's. The two then went out, and prisoner had another drink after leaving Cocbrane's, and witnoss there gave him the slip. Witness went back to Cochrane's, and thero lay down in the dining-room to have a sleep. Tho diniug-rooin was a back room, and witness, before going to sleep, saw that the inoncy was safe. During tho time lie was in prisoner's company, tho latter advised witness to take care of his money, for he was never without a £20 note. Witness slept about a couple of hours, and ou waking found that ho had only got three sovereigns and a sixpence, and the nugget that iic had was also gone. There wus a hole bored in the nugget where if hung to witness's wa'ch guard. There were no half-sovereigns ie tho amount he lost. Tho ungget produced was the nugget he lost, und he was perfectly certain that he could not be mistaken in it. Cross-examined by Mr, Campbell — He hud __-^known the prisoner by sight some three or four * month* before this time, and this was the first intorview in that lapse of time. He was* never a mate of prisoner's, but know somo of his (prisoner's) mates. When they first met, pri- , soner said he was just shouting, and would witness have a drink with him.. Prisoner at the timo and during the whole time they were drinking together appeared to bo perfectly sober. Witness had had about seven or eight glasses of rum that day, and was neither druiik nor sober, but knew perfectly well what he was about. Ho might havo had five drinks with tho prisoner during the. day. He went to Cochrane's on business to see the master of the house, but, as • the latter was not in, lay down to have a sleep a.ud wait till he came in. He counted his money immediately before be luy down. After lying down, witness next saw the prisonor in custody. He never requested piisoner to tike care of his money for him, and he swore positively that he had not done so.. ,' Caroline Cochrane said that she resided at Greymouth, where she kept the Canadian Hotel. -. /fine had seen the prisoner on the 20th of September last in her house, in company with the ' prosecutor. This was between 11 and 12 o'clock in the morning. Aytoun paid for the drinks, and the two then went out together. Aytoun *came in after dinner, about half-past 2 o'clock, and went into tho dining-room. After prosecutor'had gone into that room, prisoner caiuo in and ask ftd for " Luiky." At the time, sho did not know who prisoner meant, but on further • '<• enquiry found that he" meant Aytoun. and witness told him that prosecutor was lying down and having a sleep. Prisoner then went into the dining-room, remained there about ten minutes, „ . and then came out and went away without Bpeaking. She saw Aytoun again when ho woke up, about two hours afterwards. Sergeant Dyer, stationed at Greymouth, remembered the 20th of September last, and, in cousequence of information he Lad received, he arrested tho prisoner at'Swecnoy's Hotel on a charge of robbing tho prosecutor. Tho Canadian Hotel was about cix or seven hundred yards from Swoenoy's. Tho arrest took place about live o'clock, and when on tho rond (o tho station witness asked prisonor if ho had any money on. him. Ho said ho had not, and refused tog o with witness to the lockup. Witness compolled him "Tto go, and, on reaching tho htation houoo, -, Igoarched him, finding eleven sovereigns, two • lialf-sovorcigns, six £1 notes, eight shillings in silver, and a gold nugget. Tho sovereigns and the nuggot were not tied up, but wore looso in the prisoner's pocket, tho notes wero in a gold • bog. Witness thon told prisonor tho chargo, -^and cautioned him in tho usual form, when ho eaid that ho had only taken tho monoy to keep for tho prisoner. Prisoilor made no statemont about tho' nugget, but witness found Hint it exactly corresponded with thu description of it that tho prosecutor had previously givon. ' Witness understood prison'or to say Hint ho , • was keeping both tho gold and tho nugget for r Aytoun. Tho sovereigns and tho nuggot produced were tho sitmo that witness joihkl on prisoner. By Mi' Cainpboll— When -arrested, pvisonoi 1 . m drinWug pi iiwywuy'e Uutp)/ WiljiPfl

on prisonor coming out asked him if his nnino was Kelly, and ho said it was not. Witness first told prisonor of tho chargo at tho station houso after ho had searched him. Whon tho sovereigns were found prisonor said that tho reason ho was kcoping thorn for Aytoun was because ho was a mato of his. Ho also said, " I know what you aro about now, that is Lanky'a monoy," meaning tho monoy I was counting in my hand. Tho roason witness did not 101 l prisoner tho charge at onco was becauso ho was afraid prisonor might mako away wilh iho monoy on tho way to tho sta-tion-lwus.-. Ho did not say that was Lanky 's monoy till h6 saw witnoss oxamining- tho nugget very closely. Mr Campbell addressed tho jury for the defence, arguing that the statement of of tho prisoner as to having taken chargo of the % money for Aytoun was probable and it was not right for tho jury to convict unless they wero thoroughly convinced that prisoner had takon it with a felonious intent. It was not denied timt piisoner had taken the money, but it was solely as baillee of Aytoun. He urged that it was only reasonable to accept this view, as it had been shown that ho and the prisoner were friends, md had been drinking togethor. Tho fact that prisoner had other money on him was greatly in his favor, for it was clear that ho was not in want of money.

His Honor in summing up said that MrC.unpbell had correctly told the jury that beforo convicting tho prisoner they must be fully satisfied that he had taken tho inoncy with a felonious ntent. Tho other circumstance!;, however, did not boar out this view ; for, after taking the money prisoner said nothing about it to tho landlady, and, in addition, prosecutor was lying down in an inner room, and in no danger of being robbed. His Honor also poiuted out that even if prisoner had been a baillee, he had laid himself open to indictment, as ho kiul spent two sovereigns out of the wholo taken.

The jiiry retired for consultation, and after being out of court a short time, found the prisoner Guilty. He was sentenced to six months imprisonment ; his Honor remarking that but for the fact of prisoner baring already been confined in the Hokitika gaol for four months ho would have inflicted a severer punishment.

STRAUNO.

John ODea was charged with having, oil the 25th of October lust, feloniously stolen and carried away certain moneys, the property of John Bradley.

Mr South dofemle 1 the prisoner.

The prosecutor said he was a miner at the Grey, and on the 23th of October was at Greymouth, where he saw tho prisoner .in his own house, the Shamrock Hotel. It was then before six and seven o'clock in the evening. Witness had somo drink there, and had a conversation with the prisoner, but what it was about he did not recollect. They had some drinks for which witness paid. Tho first lime that they had drinks witness changed v LI note and after that was spent he changed another. He stopped in the houso till between nine and ten o'clock, und then asked 'for something to eat. Prisoner could not givo him anything as theliou&o was not pioperly finished, and there was no fireplace to cook anything at. He asked witness where he stopped, and he told him at Sheedy's Brian Horn Hotel, ahd prisoner then anid lie would see witness there. They started togetherout of the back door, but ho could notsiy how far prisoner went. On their way they mot a constable, who asked where were they going, *md who they were. Witness told tho cbnstable his name, and where he was going ; to Sheedy'?. Tho constable then said that they were iv the wrong direction altogether, but ODea said that he know the place very well, and he would see witness thuro. The constable then passed on, and they proceeded, tho prisoner holding wi'ncßs by tho arm. On going a little way he commenced to stagger and pull witness about. Tho latter then asked him if ho was drunk, but prisoner said ho was not. Witness then said ho was a little tho worse for liquor himself, and could do hotter without his assistance. A few yards further on prisonor again slaggoroil against him, knocked witness on to ono knee, and on recovering himself witness found both tho monoy and tho prisonor gono. Prior to this ho boliovcd that prisonor had hiu hand about his poekels. This last bit of evidence was with groat dilllculty dragged out of the witness, and on his Honor asking him why ho did not say so at once, ho nnivcly confossod " that ho did not want to prosecute tho follow." His Honor informed him that ho had sworn to tell tho whole truth, and if ho did not do so ho was liable to chango places with tho prisoner, and bo tried for perjury. This soomod torofreah tho witness's memory greatly, and the examination proceeded. Witness felt prisoner's hand convonionfc to tho pocket in which tho money was, but could not ewcar that ho folt his hand iv tho pockot. Aftor tho prisonor had gone, ho missed 1-25, made up of one LlO and thrco L 5 notes. Tho monoy wns in tho loffc breast jumpor pockot, and ho had a coat qn over that, but the pookot could easily bo got at. lVosoculor saw tho monoy just beforo leaving prisoner's houso, and ho was in company with no ono olae but prisoner between seeing and losing it. 110 could identify ono of the L 5 notos by a Btain of tobacco'on it when tho pockot wus wet. A miner's right was between this and the tobacco, and was stained correspondingly. Tho miner's right was in tho hunds of the police, and ho had seen and comparod tho stains, which wero exactly similar on both noto and miner's right. After tho note became so badly stained, he washed it. 110 next saw tho L 5 note on tho same night on tho prisoner's counter ,within ai> hour or so after losing it.

Cross-examined by Mr South — Ho last oxnminccl tho money outside O'Dea's door bi'foro ho left with him. Ho had ppent between ono and two pounds in tho prisoner's house that night before leaving. It was spent in drink, ami ho wns thcro botwecn throo hours nnil three hours and a. half. Ho had only had about three ' glasses' of alo Unit day beforo, and ho would swear positively that ho was not intoxicated whon ho wont thoro. A stranger wpnt into O'Dea's house with him, but he did not know what His name was, and he did not know any man of the nnnio of Mark. Thcro has been someone to mo with a proposition of somo sort to nrr.ingo tho matter, but I do not know whether ho wns sont by tho prisonor or not. Although tho worse for liquor, witnosg would swear positively that ho wa» quite conscious of what ho was doing.

13y his Honor — Tho money wns spent in treating thoso presont, natl not, by witness himsolf drinking to tlinfc amount. Ho did not think ho, had more than six drinks himself, principally gin. Tho first timo ho had any suspicion of prisoner, wns when ho folt the lattor's hand on his pocket,

William Sutherland said that in October last ho was a constable at Greymouth, and knew both prisoner and prosecutor. On tho night of the 25th witness met tho prisoner and Bradley about 10 o'clock in Gresson street. lie spolto to them, anil Bradley replied, saying that they were going to Dan Shcody's, and that O'Dca was showing him tho way.. Witness told ihem that they were going in an opposito way to where Sheedy lived. , ODea said that ho knew tho way, and would 'tuUo Bradley whero ho wanted to go. Later on that night, about 11 o'clock, Bradley laid an information, and witness went with him, but meeting the sergeant and a detective, returned, and tho two latter went on. Bradley was under tho influence of liquor, but not greatly, Ho was not much affected by it.

By Mr. South— This was (it 11 o'clock. It was about 10 o'clock when witness saw him first. Bradley spoke plain enough and sensibly the first time witness met him.

Sergeant Dyer was a constable at Greynioulh, and saw tho prisoner anil prosecutor there on tho 25th of October.- From information received, witness went to tho Shamrock Hotel, which was kept by tho prisoner, and found that he had gone to bedJ Witness got inside by a- window, lit a candle, und opened tho bid© door to allow lhadley to como inside too. Witness asked O'Dca if Bradley had been there, and spent any inoncy that night, sind he said ho hud. Witness asked to soo w|mt money l»o had spent, and tho prisoner's wifo brought out a puvsp wrapped in usillt lifjiHHferoliiffi ]U frjifn'iw'iittl out Hiv

nttes and .ante to a £5 noto with a fituin ou it, which Bradley at once claimed in the presence of the piisoner ns his property, and as ono of tho notes ho hud had stolen They also found a £10- noto, which Bradley said was his but added that ho could not positively swear to it. There wero several other notes in the purse. Prosecutor said that the noto wns stained at (he samo time that a mincr'H right was that he pulled out of his pookot. Prosecutor hud be on drinking, but knew quite well what he wns snyiug,

lty Mr South— Prisoner came out of tho bedroom, and appeared like a man who had got up from bed. There were about twenty notes in tho purse, or thero might have been fix or seven and twenty. The ono identified by the proseoutor was about the centre of the bundle.

Mr Couth addressed the jury for tho prisoner, contending that the evidence was of a most unsatisfactory diameter, and that there was nothing whatever to directly connect tho prisonor with tho robbery. Ho pointed out that if the prisoner had been guilty as was alleged, ho would not have put tho money in tho centro of tho other notes, and that tho prisoner's wife would not so readily have produced the purse had thero been anything criminating in it.

l'ho jury retired for consultation at about half-past 'fiix. o'clook, but some hours passed before they could agrco upon their vordict. His Honor sent for them twice, but on neither occasion had any agreement been come to. The consequence was that several prepared to make a night of it, but fortunately about half-past nine o'clock the minority becinno convinced. His Honor was sent for, and attended promptly, when tho juiy returned a verdict; of guilty.

In reply to tho usual question as to what the prisoner had to urge why sentence should not bo passed upon him, ho stated that he wished particularly to soo his legal adviser, Mr. South, and seut«nco was therefore deferred till this morn ing, iv order to attbrd him every opportunity of communicating with that gentleman. When the jury retired, W. F. Forder, who had bean committed for stealing from the person, was brought up and discharged, the Grand Jury having refused to find a true bill against him.

At tho rising of tho Court in tho case of Re»ina v. Ilpnigan, charged with larceny, Mr. South moved for a writ of habeas corpus ad test. to bring up from Greymouth a prisoner of tho name of Patrick Welsh [imprisoned thero] to givo ovidenco in this case. His Honor, after reading the papers and atlidavits, granted tho application, but suggested that the day named ill the body of tho writ should bo altered to Friday, in order to allow time for tho prisoner to bo brought up. •Tho Court adjourned till this morning at 10 o'clook, when all common jurors arc warned to attend. The Grand Jury meet at 11 o'clock, as thcro aro plenty of cases for Hio Court to proceed with. The first on the list for thisniorning will boFiithiof Ahdrow Conau'st, charged with larcony, aiulJamcs Murphy, horse stealing.