SUPREME COURT-WESTLAND DISTRICT.

West Coast Times, Issue 107, 20 January 1866, Page 2

SUPREME COURT-WESTLAND DISTRICT.

CRIMINAL SITTINGS.

(Boforo his Honor Mr Justice Gresson.)

Friday, Jan. 19

PRESENTMENT OF THE GRAND JURY.

During tho sitting of tho Court, the Grand Jury conclude 1 thoir labors for this session, and waited upon his Honor in Court with the following presentment : — To his Honor Mr. Justior Gbhssox. May it please your Honor,

Tho Grand Jury aro desirous of thanking you for the clear and courteous manner in which you woro kind enough to direct them, and especially for your observations on tlw condition of tho gaol. Having inspocted t&o buildings used for this purpose, tho Grand Jury most cordially agree with your Honor that, not a moment should be lost in oxtonding its accommodation ho as to provent tho sacrifice of health and oven life among tho prisoners, and they are of opinion that Iho space now occupied by twelvo or thirteen poisons is in reality only sufficient for fivo or six. Also, that an enclosed yard for exorcise would bo a great means of preserving health among those now in confinement' whoso sickly appearance is most distressing , Tho Grand Jury cannot too strongly impress your Honor with dioir dissatisfaction at the provisions made by tho Govornrnont in this dopnrl'mont, but tho.y fool confident that your Honor's representations will have immodiato oflbct. Thoy would point out that thoro ought to bo a comploto separation between debtors and thoso awaiting their trial for crime Tho Grand Jury cannot refrain from expressing thoir surprise that tho country should bo put to tho oxponso of trying in tho Supremo Court sovcral cases of such a trifling nature as ought at once to be diupo3od of in tho Eosidont Magistrate's Court, and they trust that extonded jurisdiction will assist in preventing a rocurroneo of this. Tho Grand Jury coincide with your Honor in thinking that it would bo most' desirable to have quarterly sittings of tho Supromo Court. Considering the ago of the placo and tho time allowod for providing accommodation for the sittings of tho Supromo . Court, tho Grand Jury ngroo with your Honor that thoy havo little to complain of, but thoy must point out tho fact that tho room provided for thoir dolibcratious is divided in suoh a manner that nearly overy Bound cun bo hoard by tho prisoners awaiting thoir trial in tho room adjoining, and thoy trust that so groat an error may bo rooliued, Ma.uk Srnor, Foroman Grand Jury. In leply, his Honor spoko as follows :—: — Goutlomon, -Tho prosontmont that you havo handed me I will tako care shall bo forwarded to tho proper quarter. Aly objeot in addressing you in roference to tho gaol was not that I doubted that tho state of tho gaol was not known to you all, but becauso such a course is tho legitimate modo by which matters of public importance affecting the country aro usually brought forward. It is tho legitimate channel for abuses, if such exist, to bo brought forward by iho leading men of tho county, and the districts of the colony arc equivalent to the counties of England ; and I am glad that you have availed yourselves of this opportunity. In roferehco to the gaol, I may say that, even if you had not made the observations in the presentment, I should not havo forborne from bringing the neglect forward in tho proper quarter ; but I am fully persuaded that my representations backed by you will have moro weight. Before leaving this subject, I may add that I havo had more than one opportunity of communicating with the Commissioner representing the Government in Ilokitika (Mr Sale), and I am glad to learn that not only is tho sito for a now gaol partially cleared, but he is' under tho impression thnt a sum of monoy is actually voted and put on the Estimates for tho erection of a new gaol. As far as Mr Sale is concerned, he is as much impressed as I am and yon are, Gentlemen, that no timo should be lost, but thut the work should bo pressed forward ns fast as possible. This is necessary, only for tho moral but tho physical health of thoso who aro confined. Nothing is so bad as to permit prisoners to remain idlo and brooding on their wrongs, as thoy may deem them, or their sufferings, more properly ; all concurred in the. suggestion that prisoners should bo fully employe I, and there is no reason to suppo.so thr.t tho Canterbury Government will not do all in their power to carry out the views expressed by you. With .icspect to another matter the holding sessions moro frequently I am scarcely as competent to form an opinion as youisolvcs. I could only form a conjecture as to tho probable necessities of tho place, but from what I hear I have no reason to suppose that quarterly sessions are not needed, oven if it woro on tho Hole ground that it is unadvisable to kcop porsons in »aol waiting trial for more than threo months. However I may concur in the desirability of quartorly sessions hero, I do not see how it would bo practicable for the resident Ohristchurch judges to visit this district more than twice a-year. Although this is tho case, I believe that tho migration from Otago to this coast Ims very greatly lightened tho duties of tho rosilent judges in that province. The effect has been that probably one of thorn will find it in his power to come here twice a-year, and representations to this effoct have already been niado to tho Provincial Government, and aro now being considered. By this moans arrungpiuonts could bo made by which quarterly sessions would be held. Ido not know any other matter necessary to rofor to. I am sorry you havo had so protracted a session, and have now much pleasure in discharging you. Tho foroman and jurors bowed and withdreiv, after which tho business of tho court proceeded. BunaiiAny. John Irvino was charged with burglariously breaking into tho promises of J. do Hammott at Greymouth, on the 9th of November last. Tho prisoner was undefended. Tho prosecutor said, ho was a storekeeper, at Groymouth, in partnership with Mr Thomas Askow. On the night in question, ho went to bed between cloven and twolvo o'clock, and read for a short time, and thon blow tho light out. Beforo goilig to bod he secured tho front door, and also tho ono at tho back of tho promises. Tho storo was the placo whore witness usually lived, In looking tho back door ho broko tho lock in such a manner that tho bolt would not slui.it, through tho inner wards being broken. Tho handle catoh was -not injured and Iho door was oloscd by it. In order to secure tho door, wijmoss put a box of somo 30 or 40 pounds weight against it. Ho did so becauso ho thought tho noiso of any ono pushing it open would give tho alarm to a dog which was on tho premise*. Witness went to sleep and was awoke about ono o'olock by a hand passing over his face, and immediately after that, the candle stick which was at the head of tho bed, was knocked down. Witness thonght it was a gentloman named Do Costa, who was staying with him, getting out of bed, and said "is that you Do Costa V Ho received no reply, and then called out lo tho storoinan, Robert Palmer, who wa.s aleoping on tho premises, but ho did Hot answer either. Witness jumped out of bed, woke Do Costa, and struck alight. 110 then went into the storo, which wna partitioned off from tho {.looping place, and thero found tho prisoner lying down, concealed behind somo flour. He, (witness) asked him how ho got there, am) lio naid tlmfc somo carpenters and girls had brought Mm there. Witness said ho told an untruth, for thero were no porsons about. Prisoner protonded to be drunk, but was quite sober at tho time, anl witness gave him into custody at tho Camp, which was about 500 yards distant from tho store. The windows vero secure, in hut they woro stationary, being nailed in. By tho Jury— When tho prisoner was found no part of the houso was broken into, but the box was pushed back as far it could bo by the opening of the door. Tho door was ajar an inch o'\ Tii 1 m "° H ' :u " l m vlUm got

By his Honor — Witness kept iiis cish in thu room where he slept. lie did not miss anything. Sergeant Dyer proved that tho prisoner was given into his custody by Mossrs. Do Ilammctt and Do Costa on t ho morning in question, on a charge of burglary. Witness cautioned prisonor, who said that ho got into that houso, thinking it was vacant, and ho wanted to havo a sloop thoro. On being searched nothing but an old pipo was found on him. Tho namo ho then guvo was Michael Heavy. Tho next day ho said his namo was .Tolm Irvine.

Tho prisonor said ho had been living nt tho Fivo'inilo as cook, and started up to the Groy. On arriving thoro ho got a job cutting piles for a publican, and he wont on to dosi-ribo his other proceedings there. On tho night in question ho met somo friends and got moro drink than was good for him. Ho supposed that ho had got into tho prosecutor's promises, but ho know nothing about it, if ho got hung for it.

Ilia Honor, in summing up, remarked that this was as simple a caso as could woll bo. Tho jury found tho prisonor guilty, but rocommonded him strongly to morcy. Ilis Honor sentenced tho prisoner to' twclvo months' imprisonment, with hard labor.

LAIICENY.

IVodoriek Ncvillo was charged with having feloniously stolon, on tho 23rd of Augiißt lasr, thrco boxes of tobacco, tho propn-ly of T. Askew and another. ,

Tho priaonor was undofendod.

J. M. Do Ilanvmelt said that in August lnsfc ho and Askow were in partnership in a storo at Groymouth. On tho 21st of August they rocoivod n shipmonfc of goods from Nelson, ninongst which wcro three boxes of tobacco. They wero of tho Washington brand, which was on ono sido j on tho other wero tho initials TA, with a G beneath. Thcso represented T. Askow, Groy. Thero was no olhor mark that witness was awaro of beyond tho weight, which was about twenty-ono pounds. Thoso wero nil tho marks ho remembered. The box produced was a similar box to thoso that wcro stolon, and is marked in tho samo way. Tho loiters TA G wcro marked in blue. On rccoiving tho goods, they were placed in witness's store, and ho last saAV them thoro on tho night of the 23rd of August, about six o'clock. Oh tho morning of the 21th, tho threo boxes of tobacco wcro not there, and had been taken away during tho night. 110 did not sco cither* of them again till Sergeant O'Doimcll brought a box, which ho believed to be one of them. Tho reason he could not swear positively to it, but believed it to bo his, was because tho marks T A G wore wnshod or rubbed oil' with somo substanoo, but not wholly omiccd, some traces of tho letters being left, Other persons bosido witness might havo imported similar tobacco, but ho did not know auy ono that did. > To tho prisoner — I saw tho box tlmfc Sorgeanl O'Donnoll fetched down. I saw it in my sloro, whoro ho brought it to bo identified. Mr Askow was in tho sloro then. 1 identified tho box, to tho best of 1113' belief, ns one of tho missing boxes. It wn3 about throe weeks aftor I saw it at my storo, that I saw it at Iho Magistrate's Court. The' reason of tho delay was that Mr Revell was away, and tho case did not come on. I do not recollect " Askow saying in tho storo that ho could not identify tho tobacco, till ho had come from Nelson. At the Magistrate's Court I identified tho box so far as I believed it to bo mino. I bolicvo tho caso was remanded pending tho return of my partner from Nelson. In a letter from my partner in Nelson, ho said that tho clork who bad put tho private mark on tho tobacco had left his employ. Mr Askow did not wish to prosecute, as thoro wa9 so much troublo and oxpenso attending it. I hnvo not sworn positively to any box of tobacco that I lmvo scon sinco T lost tho three boxes, I am awaro that tho Washington brand is a very common one. Thoro wero parts of tho initials not wholly effaced when the tobacco was at tho Magistrate's Court.

By a juror— No boxes left their store previous to the threo that wore stolen.

John Corr was storeman to Smith and Co., of Greymouth, in August last, and knew tho prisoner. He romembored, about the 25th of August, seeing tho prisoner in the storo. He called in to see witness, and at the time asked him if he wanted to buy any tobacco, saying that lie had thrco boxes for sale. Witness declined to purchase of him. Prisoner said the tobacco was very good, but no description was given of the brands or weight. Witness had known prisoner for nearly eight years, and knew thatho had been having goods for sale, but he did not know whether he had any tobacco.

To the prisoner : I never knew you to be any other than upright and respectable. You hare often told mo that you had been storekeeping, but I never know your doing so. I havo heard you say that you had sold things at the Twelvemile. I could not swear whether it wa3 two or ' throe boxes of tobacco that you offered for sale. You said that you got it fiom tho steamer Lady of the Lake, then lying at Groymouth. I remember when the township of Cobden was marked off, and I remember your telling mo that you had been over and had applied for n businoss license there. At tho same time you told me that you were going to part from your mate, and that you wore going to have a division of what you had.

John Wilson, a boatman on the Grey River, saw the prisoner about the end of August, when the lattor asked him if he would tako some tobacco up to the Twelve- mile for him. Witness said ho did not care about taking any moro, as ho had sufficient, but ultimately agreed to tako it. Prisoner roturned with a package, two boxes in a gunny bag, which ho said was tobacco. As far as witness could recollect, tho boxes would bo about the same size as tho box produced Witness started the same afternoon, hut tho boat got swamped before roachiii" tho Twelve-mile, and the tobacco was lost. 110 believed that prisoner stated tho weight of tho tobacco to lmvo been botween forty ami fifty pounds. ( > To the prisoner— You did not go in thp boat with the tobacco, but said you would bo at tho , Twelve-milo beforo tho boat could get up tho hard. I luul more than one cask of brandy in .the boat, and more tobacco than you gave me but I could not toll how much \vithoufc tho waybill. (Tho way-bill was produced.) I see thero wore two other boxes weighing 41 lbs. Two men, before the bont swamped, assisted us up tho Fulls, because thero was a heavy fresh in the rivor. There wore fivo altogether in tho boat, but they did not broach tho brandy and get drunk. A good deal of tho cargo wic lost when tho boat swamped, but I cannot swear positively that your tobacco was lost. William Layton, a storekeeper living at the Twolvc Milo township, remembered tho prisoner coming to his storo and asking him If lie wanted to buy any tobacco. Prisoner said ho had a caso, but witness said that would bo too much for him. Prisoner said tho price was six shilling a pound, suul tho weight of tho caso was twenty, ono pounds or twenty-ono pounds and a half. Jivontimlly witness bought the caso for fis Od per pound. Whon ho bought it it was idled up in his blankets as a swag. Tho tobacco was of the Washington brand, and on the lop of tho bo.v tho weight was matked in figures. It appeared as if there had been a picture on tho box but hail got wet and rubbed off. Witness did not see any private marks on it. Prisoner did not say whero ho had got it, nor did ho say what distanco he had carried it noV wheie, it oaino from. 110 did not recollect his giving any reason for the box being wot. Witness could not say if ho had any moro. 110 opened tho l>ox, nml found it was tobacco. Subsequently, ,he gavo up tho box to tho polieo, and that box was the same that ho purchased from tho prisoner, .The purchase took place in August last ; ho could not tell the exact date ; nil ho knew was that it was towards tho end of that month. 110 knew tho last witness by sight, but nover h.id any goods up by his boat. Prisoner did not say anything about Wilson's bo.it being swamped and rondo no statement about the tobacco havii <» dropped into the river, °

, To the prisoner— l romomWr that oil that occasion your blankets wero dripping wet, and yoi( ||i|(| Iho box iiwitlo tlu-m, I should cpr x lumly think it Hie v»B|pßt way to o-irry |J, Q jq 4

baeeo to put it. inside your swi\«. I do not remember \ ou telling mo thai your blankets got wet through tlio boat being swamped. (The depositions taken at the Magistrate's Qourt were referred to, nnd it appeared (bat tbo witness ibero did so.) At Iho (imo I purchased the tobacco I gave you an order for more stun". By his Honor — On opening (ho box (bo tobneco was not damaged. Witness did not think that water would get into Iho box oven if it had fallen into (ho river. The box itsolf was vory wot inside tho blankets, which were thoroughly saturated. The appearance of wot that (ho box prescntcd,niight lmvo been caused by wet coining through tho blankets. Conslublo O'Donncll proved that ho arrested the prisoner on tho 29th of August, on a charge of tobacco stealing. After cautioning him in the usual way prisoner said that ho had two boxes of tobacco that ho had sont in a boat to tho Twelve Mile, nud ho boliovcd tho boat had been swamped nnd tho tobacco lost. Witness wont to the storo M'horo prisoner showed him his swng, but. thero was nothing boyond clothes and blankets in it. 1 Witness brought prisoner to llio station and searched him, when he found 9s Gd in silver on him. Prisonor also said bo had taken (ho tobacco with him from Ilokilikn, but said nothing about Lay ton. Tho nrres!, look place in Ctooymouth, and on tho 2nd of Septombor. "Witness went to tho Twelve Mile, and saw a box of tobacco in Lay ton's storo oxaotly similar to the ono in Court, but ono end and ono side had been taken oil', and tho fraoturo was absent. It was marked on ono end 21i, and on tho other " Washington, half pounds." Thero were traces of bluo marks on ono sido of tho box, but thoy wcro not very distinct, nnd looked ns if (hoy had been rubbed with something. Witness look posBcssion of it and brought it lo Greymouth. Messrs Askew and Do Iluinmolt examined ii, and it was afterwards produced in tbo Magistrate's Court on tho 21st of September. It was then taken back to tho station and placed in tho room occupied by witness. .It lay thorc (ill (he morning of (ho 291h, when witness had occasion to go into tbo township on duty. Witness remained nwny about half an hour, and on his return (ho box was gone, nnd has not been found since. He left somo other constables there •when ho went away. To Iho Prisoner— You did say (hat tho boat in which you sent two boxes of lobacco had been swamped. You did not oft'er any resislance when arrested. A picco of papo'r was taken from prisoner's pocket about threo inches long and an inch wide with Lnylon's address on i(, and it was partly by that that wo traced (he tobacco you had sold. Tho prisoner declared ho was quite innocont when arrested, just five months ago, and had been remanded fivo times, though tho lobacco had nover been identified. , Ho had given every information (o the police as to whom ho sold it 10, and had boon debarred by the police from obtaining witnesses for (ho defence. As booh as through (ho neglect of tho police, tho tobacco disappeared, (ho Resident Magistrate tit Crreymouth committed him for trial without evidence, lie could prove that ho had worked up to tho very day of leaving Ilokitikn for the (livy nt tho Albion Hotel, where ho kept (he restaurant. The tobacco in question was obtained by him from his mate, who purchased it from a wreck, where a quantity of other tobacco wns sold. Instead of, as had been sworn, prisoner over having said that ho got it out of (ho Maid of tho Yarra, ho got it out of tho Lady of the Lake, in which his mato went up. He also pointed out that ho had not sold tho tobneco at any sacrifice, but at the fair wholesale market price, and ho never had made the smallest concealment. The jury retired for deliberation, and were absent somo time without coining to any conclusion, so the following case was proceeded with. It!Pi:OKNT ASSAULT.

Patiick Ryan was charged with indecently assaulting a child named Mary Ann Miller, aged 0 years, on the 11th of November last, in Ilokitika. The piisoner was undefended. The prosccutiix, who naturally appeared greatly frightonnd, gave her evidence when standing by the side of his Honor, who repeated her answers aloud. She said that her father lived up at the Grey now, but formerly lived in Ilokitika in a tent n little way up the street. She did not know the name of the street, but it was near the beacb. On a Saturday afternoon she was on the beach playing with her little sister, when the prisoner cuine and said if she would go to his tent he would give her a brooch and a little belt. She mid "all right." She did not know where his lent was, but she had seen him before ono day at a tire, where there were some men lonud. She went homo nf torwards, and asked her father if she might go and get tho brooch and the belt from prisoner. .She got leave, and went a good Lit over the road, when the pii.soner called to her out of a tent to go to him. She went to him then to tho door of the tent, and he pulled her in and said if she dared to scream out he would kill her. He said ho would stab her if she dared to speak a word, and held his hand upon her mouth. (The evidence at thi:3 stage is unfit for publication, but went to establish the charge brought against the prisoner.) Shortly afterwards her father came to the tent, when prisoner let her go. Before her father came iv, prisoner put the brooch and belt pioduccd in the witness's bo.som. When her father came, witness was silting, and on seeing him fell back, and witness escaped. When she found her father outside the lent she tpld him what the piisoner had done to her. She put the brooch and belt down on the shelf in their tent when she went back with her father. It was against her will that the piisoner did all ho had doao to her. John Miller, father of the child, said that she was seven years old on the first of this month. On Saturday, tho 11th of November, he was living in n tent oir Kevell-street, and on that day his daughter asked leave to go lo prisoner's tent to get a brooch and belt that he had promised to give her. After asking twice, he let ber go, but told her not to stop. As she was half an hour nw.-ry, witness thought she was a long time, and asked some other children if they had seen her. They said they had not, and witness went to tho bench in search of her,, bub did not find her. He then took a walk loiind the , tents, and passing ono that was closed heard a voice inside that he recognised ns' hie daughter's. Ho at once pulled it open, and saw her and the prisoner, (witness de.serjj.ied the position' of prisoner aud the ohild, with other particulars unlit lo publish,) The child was crying out J" Oh I" when he passed the tent. This was said in a frightened tone, and not in the lone of any one acquiescing, but quite otherwise. She bounded out. as soon ns ho opened ; the tent. Witness said to prisoner, that bo ought to bo ashamed of himself, t\ud in reply bo said, thero was no barm done, or words to lhat cllcct. He then followed tho child home, and commenced to beat her for being no long away, when she told him how the man bad taken hold of her, and held her in the tent, together with other things that then occurred. Witness went back to the lent and found prisoner gone, and he then gavo information to tl.o police. ]}y a Juror — He never saw the prisoner beforo this occurrence, and never heard anything of him. D. J. Foirefl said, that in Novuinbcr last he-

was iv the police, and about half-past eight in » , the evening ancsted the prisoner in his tent on v ** the present charge. He made great resistance, , ■■ and endeavored all he could lo escape from witness, and after gelling him a short distance, near Oil's stoic, witness had to get assistance to secure piisoner. Witness got him into a store in order lo keep him there to get the assistance of another constable, when prisoner darted into a back loom, and made another attempt to escape, but was unsuccessful. Witness then put handcull.s on him, and with other constables look him lo the lock-up. The piisoner put in a written statement, wherein be denied utterly the offence charged against him. lie designated tho wholo stateincut of the prosecutor and the father, as a base fnlnicition. His Honor pointed out tho law on this par* tinilui* oflcnee.

Tlw jiuy found ih vflwiw guilty,

JUs Honor, nIW comment ni« in indignant terms on (lie foul and disgusting oilejico of which Ihe prisoner had been convicted, sentenced him (o (wo year's imprisonment, with hard labor.

Tlio jury, in Novillo's etise, wcro brought into courlnt its vising, utlinlf-pnst four o'clock, wlion (hey stated (hoy could not ngivo, and Hint tlioro was not tiny clumco of thoir agreeing. His Honor asked the jury if there was any way in .'which ho could assist thorn by reading over the cvidenco or explaining any point of dillicuKy. Tho loroman said (hero was, and his Honor, referring lo his notes, read Bovernl cxlraels bearing on tho points about which (ho disagreement oxistcd. After groat pains on (ho part of his Honor in affording (ho necessary information, tho jury agreed and acquitted the prisoner. The Court then adjourned till next (this) day, nt ton o'clock, when (ho fivst enso d'icd will bo (hut of Absalom Brook for manslaughter.