SUPREME COURT-WESTLAND DISTRICT.

West Coast Times, Issue 110, 24 January 1866, Page 2

SUPREME COURT- WESTLAND DISTRICT.

CHIMINMTiSITTI.VG3. TITKrfDAV, ir.VXITAKY X 3. (r»o p oro His Honor Mr. ,Tust ! «o Givimou ) rairuxv,

Clarene.i llolhwi-k was cliarßod with stonlin-,' woiioy, tln> piop^rly of lU'iysnnin Henry Dolmio, on tlio 12lh or'Novtnnbei 1 List, at tho Ktinkri. My. Pimean piMsoouted for Iho Crown. The prisoner was undofonded. Annio London was tho ilist witness called, and said Uiat sho kept a lushuiant ah tho Knniori. Sho mis there, on tho 12th of November last. Sho know prisoner, who at that tinio was a uei'vunt of hers. Sho also know tho prosooutor ])e'ano, and on Hint- day sho had purehascd a clock from him for iiOa. Him paid him with n Jil noto and linlf a sovereign, and sho could identity tho note if sho saw it. Tho noto p winced was Ibo s-uno thai sho {>avo to Delano. (Tho noto wiu handed lound lo (lio jury for their inspection.) On (he night of tho 12th of Novombor piisonor nnd Dolnuo slopt in her house, in Iho siine room. Tho 12th was a Tluuwlav. Sho tlid not know whether prisoner had a iv money or not on that day. It wa.» on tho 13th that. Delano missed tho money from his pocket, md ho told witness in prisoner's presence, that ho had lost Iho 30s. ho had got iVom witness. Dolano charged (ho prisoner wilt tilling it, hut tho latter denied that ho had do-:o so. Prisoner afterwards told witne>s Ilial ho had found (ho note blio had Riven De'ano under tho table. . Sho faw nothing of iho lia'fsovon-ig.i. Sho idonliflcd tho noto by a stroke in tho middlo of tho letter ]5 in tho word ono.

Di'iijnmin IFoury ])olano deposed— That lio \\)iß ub Iho houso of the previous wilnoifl on iho 12th of November, und on thnfc day oold hw a clock, for wlii-.'li In vefoii-ecl a £1 noto nnd ludf-a-f-ovoeign 11 1| put it into his trousers' pocket, und it. we s ll cro uhen bo ivcnt lo bod; but ou { ettinpe up, it was gone. 110 wout to Kub rlson'rt Bloro nnd lo tho Post Offlco eloro in wareh of tljo lost monoy, and at Iho former })hici>, got tho note, produced, from ono of tho purlJiorSf whoso nanio ho did not know, lio

(o>k it (o Annie London to sco if sho could io.'o^ii'Bo it, and she did :v. Subsequently, ho hnr.lid it over to Constable Sweeney.' Ho charged the prisoner with taking Iho money, but he denied it, and witness then asked him lo go to Robortsou's with him. Prisonor consented ; nnd in his prcsonco, witness aiked Iho person thevo if prisonor had chango.l ft nolo there. Tho reply wns that ho thought ho hr.d, but callod a butcher, who snid that prisoner had offered a noto for change. IViKonoi 1 said tho butchor was a liar, and witness then gavo him into custody. After coming to Iho polico statiou, prisonor said that ho had chnnged a note, but that ho had found it on Iho flcor.

To (ho prisoner — I cannot swear that you picked my pockots. I went to bod before you. It was about olovon ov half-past oloven o'clock when I wont to bod. When you wont lo bed, 1 was not nolcop. T missod tho money after twelve o'clock no;:t day. W. V. Mnnuol, a slorokcoper nfc Iho Ivuuieri, said lhat on tho 13lh of November prisoner was at his store, between one and two o'clock, and purchased a purse for half-a-crown. 110 paid for it with a JtJl noto, which witne:-3 changed, but ho could not identify it. Ho put. tho noto in Iho till.

Oon.nl able Sweeney proved that on the 13th of November, ho arrested tho prisoner. After lh'ing cautioned, prisoner said if ho would say nothing abon!. it ho would work it out. By "ho" j| wilncjs understood prisoner lo mean Delano. Ile added that, he supposed ho would get a , iimiiili for it. Witness received tho Ll notn produced from Miss Loudon iv Delano's ■ presence.

lVisoiior in defence said nothing whatever.

Mis Honor char.ietoiiM.-d the cis.' as a very simple one, nnd in ivferem-e to tho timo wheii ho had found i ho noto that would not alter the fact it' ho made no endeavour to discover tho owner.

The ju.-y without hesitation found the prisoner guilty. ' In reply to tho usual ques ion as to age. In siid ho was 18 years old.

Hi.s Honor was .sorry to see so young a lnd in such a position, and Iv hoped that tho cheek he now lccoived would be a warning to him in future. Thosenlonco of the court was that he should bo imprisoned for two months with hard labuur.

KTKALIS'O.

Thonirj Hill w.u clmiyod wit,h stealing on the 2 lib of November last, a bag of sngir, a packti'jo of biiom, half a chsstoi' tea, and other attiules^ from the dray of J.uues Godfrey, when loadi-d for the coiinii-v.

Mr ftjuth defended the pi-boner. JaniM Ujdfrey, the jiroauoat-r,. siid Im wns a driynun. Tim prisoner livod aboiu i hundred yards from him. Oi Tluu-oday, tho 23rd. of iN'iivember, witnejs'sj mm lulp.l a d:ay with goods to he taken to tho Six-Mile, and llio Kig'.itMilo n^.vt mo.-ning, mun^t t'.iom ho saw p.it on tho dray a half cluyt of lea, a bag of mon eontiining 120 lbs, a big of sug-ir, a hi-,' of oitmoal, a packnirn of inolp> kin trousers either a dozen ov half a do-.'.'n. The whole of Hid good* wore covered over with a tarpiulln and rop?d down. The dray was standing on what had become n thoroughfare, but at that lime was closed up with a house. About t.li roo o'clock in tho morning witno.s-s was awoke by ono ft 1 his men, and went to the dray, when he found that tho ropes ha- 1 bponcitbaiid tho articles abevo piium"rated taken away. Tv Ihe afternoon of that day he saw Detective Howard, who had found some of tho goods in a jiig.stye at tho back of Hovel I -.street, and facing tho we i Tlio pigslyo was at tin; back of prisoner's house. Witness wont there- and saw Homo one lift tho tea. The hdf-cliesb of tea produced is the samo. and ho sworo positively that it is tho one that ho misled from his dray.

l»y .Mr. South— He identified tho tea by tho mark and Iho number He knew that, by having liamaeU'd I luiness of a bimil.ir nature b.'foiv. He knew it w.is tho chest of tea beouiSv', on louling the dray, lid took tlio marks and nuinbciM oa this being loaded, The next time ho saw it, after slicing it, loaded, waioutsido tho pigst.vc, a.s described. The pigityo was Miiiul O'brJscoH's timber yard, ibo back of it towards Iho nea.' It «.•>.< aboiif noon ou the 2-tih, he bplicvi-d, when ho xiw the U-iv, but ho would not Im certain, and ihoro wiun crowd of people ihoro. Ho did not see the prisoner theio. bub ho heard of his being thoro. At that timo there w.n only ono drayman employed. Ho did not ilisuh-irgo any men for Ifiading'lhi.s dray, but he discharged ono because Im would not hear a pulion of the. loss. Ho did not know any ono of tho niir.o of William D,)l,*, and ho did not recollect scoing him He never said t) William Dods or anyone else that ho " knew pi bin heart that, prisvn >r was a;i inno.:pni man, and did not s'cal the lhing.>, nnd that ho cnild lay his hnd on tho Itiildy that did it." % lie itevM* iirfoil lho<o woid.< or woidu (o ilia' clrort to anyone. 110 did noi, know anyone of Iho iruno of Mary Anfi Komicdy, [Tho person loferiel lo w.is lirou-jjlit foi-Aiird, and Iho witness u-iid ho had socn her before. J He never said •uiylhing ci tlio kind to hor or imyoiio else, ho would r.wc-11- positively. He know the )irisonor's wife, and bad had ddHrent convcrsuliniiii with her 110 nover sail to hor that ho ha 1 been in trouble liinuclf and had had to piy for it, and would make iho prisoner do tlio mime. Ile was onco indicted at Iho Dnnslan for a criminal Oll(!IIO.\

James Taylor r?m«inhiM-o:l tho 2Hh of Xovoinbor I.Ht, and a! that linio was in Hie niiiploviiiont of Cliilliuq.s and Whilton. Ke got up about fivo o'clod'< that; moraine;. ITo was employpd that day in car inggnvel from the boich into WharfHtreot. ilo knew the prisoner, and saw him that day o-i the beach nilling piling* on tho side of ii pi'^lye. The pigstyo wax at tho back of Itjiicli-nlrcot. Iho front lacing Jleaeh-slroet with the bac> to the sei. It was nc-ar O'Driscoil's limber yard. He saw prisoner at that plapn twine on lhar, dny, nud on tho second occasion ho w.is shoving sand into tho stye. A little boy w.is also llicro iusidu the onclosuie. Witness pi soil the samo pla?o a short time afterward*, and prisoiior was Ihmi gone. Detective Howard and another man wcro I hen there, nnd were in I lio act of uncovering a halfchest of lea, which had Ik-oh buried in tho sund in a porter o iso. The place whero Ihe tea was was Iho snino whero uitiuist ha I jueviously n'cu the pi ifonor. The 'op of iho ease was about six inches below tho wind. 110 could not swear to the teapiodueed being Hie wimi>, but it was of Iho samo description. Isy ,Mr Snilh — Ho could swear to the ca<-e produced heiiiKoiiooftlics.iinekiiid, and being broken in the simo way as tho ono that was taken out ot tho sand, ile never «a\v the prisoner befoio that dny that lie knew of. It was betwen 2 and 3 o'o'ock in the afternoon when prisoner \v.m at (he place. 110 w.i.s standing w\lliin (en feet of prisoner I'm- live minuter, npelling his hor.-x-s. Tiinoncr wa.< d rested then as ho w,-n in cour', at least he woro a jumper of the .suno pattern. The second timo ho pa^ed he saw the pri-oner tilling up the place with sand. JTo had noticed Iho pi»siy« befoie, for ho had onstinlly pas^d it. Ho'iiid not look into, the htyo i)arlieu!ar!y, and did not i,eo if there was or had bpfii, any hole in tho sand there. Detective Unw.ird, from infonnalinii received, wont on the Ullh of November to when.- prosecnlor livtw, and also t.> tliy h.iu o of prisoner, which lio»o.iri-hcd. It wns about, half-past (i iv the morning when ho spiiri-bi-d il, and Ihrec or fosir limi'H duriti" the day ho wMivltcd tho pri-«iiu-r'K preuii-,c:i. l»iiectiy iv Iho n>ar of tho lalloi'o house there is a'pi^s'yp. About halfpast 'A o'clock wiino^ saw prisoner shovelling sand into tlio hljc, and walked over towards him and aflciwards wv:it to (lodfrcy's place for a "hovel. He returned to the Kly'o wiih Gmlfrey's nia», and tiio prisoner was then gone. Witness desired the man to dig whero tho prisoner had been shovelling si u IV. and he at onco uncovered tho ca.vo pioluced, with the le.i libido, not moro than a fool, below tho surface. Tho las 1 - witness (Taylor) wa» there al the lime, and \\\\i driving u

horso and dray. Tho next day he was present when the priserer was arrested. Ho made a dilifen 1 . seirch for him, but cculd not h'-id him that day

.lly Mr South —Prisoner had been coxswain of Iho pilot boat previously. 110 did not know ni*,\ thing aboul prisoner's character, but (hero was a great deal of properly often missed in (he neighborhood whoro ho livod. Prisonor had not been am-r-led before, since witness had been in [fokilika, a period of nino or ton months.

Mark Ityi-ie, on (ho 23rd of lnst Novombov, was slorcniaii lo Anderrou and Mowalt, nnd on that day marked somo goods and sent them lo Iho prosecutor for conveyance to (ho diggings. The ha'f chest of tea produced was ono that ho h:id sent and branded, proviouslv. On behalf of the prisonor Mr South cnllocl William Sallerloy, who said ho was a carpentor and knew Iho prisoner. In tho month of ICovomber Inst ho was living in prisoner'u bouse, and had been living (hero two months. Ho was Ihoro on tho 23rd and 21th of thit month, and slept iv (ho samo room with tho prisoner on a si -elchcr. Tho stretcher was by tho door. 110 was in there from about dusk till Iho morning of tlio next day, Ihnt is tho morning of UlO '2 lib. It wns dusk about half- past soven. When witness caino iv from his work prisoner wns thoro. "Witness went lo bod bolwoen 11 and 12 o'clock, and from dusk to that I imo prisoner was in tho houso, in fact from (ho timo witness went in until ho went to bed. During that timo ho did not lose si^ht of the prisoner, and went to bed in Iho s-.iino room about five minutes before witno<s went. From tho position of witness's stretcher prisoner could not have passed in or out of tho room without witness knowing it. ilo would havo woko •witness or trod on Iho lop of him lo get out or como in. Tho stretcher during tho day is shifted out. Prisoner was in tho pilot boat shortly before that and was ono of hor crew, nn! was in tho habit of going in and out of tho place as Iho tide noi-vod. Witness was always disturbed when prisonor wont out on those occa • sioiid. On tho morn inj of Iho 2 Hh, witness was awoko by a wot coat brushing against his face, and at lhat (imo prisonor was in bud. After the man with Iho wot coat had gono it appeared lhat ho was a constable. This was on a Krid.iy, and 0.1 Saturday night prisoner wns arrested. During tho whole of tho night in question prisoner nevor left tho room. Witness was present wheat iho promises were searched on LYi.l.iy morning but nothing was found.

By tlio Orjwn Prosjc-.itor — 110 did not know Godfrey at all. Ho loft tho diy Ihe priaauoi 1 was apprchoiub.l, because prisoner's wiib would not let him slay by himself. i£o was building a houso at that time, but knew nothing ab'outnny panelled doors being found. Tho stretcher ho lay on was about two feet six in width, and six feet long, and rolled on a bunch at ono ond and a box at iho oMi.m-. The door was a canvas 0:10, and oponod outside, lie did not think that it was possible for any 0110 lo havo stepped over him without waking him. Thoro may havo been a spaco of 10 inches, of tho door not covered by tho sireieber. lie fell aslcop on going lo bod, and woke, as described, between six and soven oVlouk. Prisoner's wifo slept in tho samo room, but there was .10 other woman. 110 could not swear" positively that prisoner nover went out or cuino in on any night without •witness knowing, but to tho best of hi* belief he did not.

[Wilncsi was subjected to a prolonged examination as to Iho position of hid stretcher, and at last, at tho request of his ilonor, drew out a rough plan of tlio intorior of iho house, and (ho position of its contonts.] William Dods, a boatmaii} romomborod tho day wlkjji prisonor was arrested. About an hour afterwards ho was in prisoner's houso and tho prosecutor, tho prisoner's wife, and Mrs Kennedy wcro (bore. On that occasion lie hoard proseou'w say that ho believed iv Im hear! that prisoner was an innocent man, nnd that ho could go and lav his hands on tho kiddy that had dono it. L'rosoculor also snid that if bo bud been nt homo Ihe dray should not havo been loaded till morning, nnd that ho had discharged two, of his best men unloading it without li'h being present. This conversation took placo in thp prisoner's houso.

Mary Ann Kennedy porrohor.vted tho testimony of tin piovious witness as lo tho above evpressiom having lipoh used by tho piosocutor. .ltichard Smith, master and owner of III" sc-ho'inor lonn, bad knowVi Iho prisoner for ten years, and always found him honest. He believed that he was an honest man, and lhat was tho opinion of olh»ivj, as f.ir in ho know. Witness would havo no hesitation in taking him itilo his employment and trust in;,' him.

Uoirgo Lowry, laadloid of thn Mirinor's Holol, and lately signalman, knew tho prisoner, and bore testimony lo hisgoi.eral good oliaraoter.

M>- South submitted that there was not a pA'-tiole of evidence to go to tho jury.

Hi* Honor thought that tho Crown had jnado out a very strong ciso Tho evidence forjthe defi-iieo wns for the jury to weigh.

Mr South still uiged that there was not a titllo of evidence to support the indictment, which chargod tho prisinor with stealing tho good-i. The most that could possibly bi> undo out was a ehargs of recpiving stolen goods, and no felonious conversion whatever had been shown.

His Honor 1 tiled that lliore was a cisc to go to lllQj-j<t''.V.

Mr SIIIMI tlipn addrersed the jury for Uiedefenco, and asked thorn, ir n.s reasonable men, they could from the ovidp.hco adduoo.l, in any way connect the prisonor with tho actual theft of Ihe goods, n.s alleged in the indictment. He contended that the evidence of the pro3coutor was pomplotoly invalidated by that of Do-ln and Mrs Kennedy, and ho further commented on tho admission n* to Godfrey having been ''in tronblo" himself in another province, fiy the ovidpnee of Snlterloy, it, wns clearly proved that it was iinpo^sihle for thopii-oner to have committed iho ort'fiifio wi Ii which h.j was clmrged. Mr Dane in briefly addressed tho jury in reply. In summing up, hi.s Honor said this was a ciso peculiarly lit for a juiy to consider. They would have to decide on very conflicting testimony, and it wag for them to determino whit weight should be attached to the evidence on either side. Thoro was apparently no question as to tho identity of tho chest of tea, and if tho jury wcro satisfied on this head, it was ivasonabjp to vequ'ri some explanation a.s to Iho possession on Ihe part of the prisoner If they placed confidence in tho ovidenco of Sattorly, and l.elioved that llui priHoner was not oat of his house ou llid night in question, it would bo Ihoir duty lo acquit him. If, however, they thought otliprwisn, they must find Iho prisoiinr guilty. Tlio jury, after some deliberation, found the prisoner guilty, but strongly recommended him to mercy ou account of his previous good character.

i\fr South remindpd lim Honor that tho prisoner had been in g-iol since November.

_ His Ilonor was quite willing to tako into con. .sidor.il ion the recommendation to mercy on account, of prisoner's previous good character, and for that rca?on would pass a lighter sentenpo than he otherwise should liavo done. Ho would also take into consideration tho fact (hot prisoner had already been snmo time in gaol. The Kcnteno.o of the Court was that prisoner should be imprisoned for four months in tho Hokilika Gaol, wifh hard lahor.

STAIJI.IXfI.

John Smith,', a w»nnian, plonrled guilty (o feloniously wounding ono John Hums on i.ourd n vessel lying at Gibson's Quay, on tlio 18th of Dereinbpr last. Tho prisoner, in dofonco, syid ho had boon to a iii»«is*rat6 (o obtain ichess for tl.oill.UH.iso of the prceculor, who was c.plaia ot the ship, and the lalter. on relunmig on .bonid, thmiteuea to put him i n i rofis nuU

prosecute him on arriving bick a;»in at Awn1 uid. In consequence of thu thr 'at. si me words ensued, and piisonor becoming very iuitalcd, committed the oifeiii*. > mp itcd to him. He deeply ngrettel wh.it In i oc-nried, nnd ho trusted h's donor woul 1 deal as leniently im po<sible vutli him.

Hi-j H'-n.^r sontencfid him to l'ou: $ months'' imprijoument with hard lab n:

STEALING CIOM). William Welsh wni charged with having stolen, on Iho 181 h of December last, a parcel of gold, Iho properly of James Molloy. Mr. Campbell defended flio prisoner. James Molloy, a. Biorekeoper near No Town, said that or. (ho I7lh of December last Iho prisoner was in his service as a packer, nnd witness sent him to fetch two horses from some lilllo distance Piisoner returned wiih only ono. and made an excuso that ho could not. find tho two. "Witness was, preparing to oomn lo llio Twelve-mile, nnd' prisoner said that when ho got to No Town ho would get another liorso. Wilners hnd ft parael of gold with him, about' 139 ounces, whiah ho put on the prisoner, and suspended from his nock by a strap. ]h was enclosed in a coarse elolh wrnppor, which covered a smuller bag, Tho prisoner then mounted (ho horse ho had brought in ; and it w»s mvangod that ho should ride as far as A'o Town, uhen ho would get another hor3e, and that witness would hiko tho horn tlio prisomr 1 hen was riding. Uoth started together, prisoner on horseback, about two o'clock in (ho nftcrnoon, nnk witness on foot. Tho lailer allowed p'r-sonor to go on a little, ahead of him, nnd when ho a.'rirotl nt No Town expect o.l to find him there, but ho was gono on, and witness followed on foot. JTo met a packer and ob- . tainod news of tho prisoner through a person ho met, and leav.ied that ho was ahead of him. Witness con.inuod lo follow, and after going a little distance, got a liovjo and went ns fast as ho corld, but did not see. him bofoi'o vouching tho Twelvo-mile township. Ho then met him near thnt place, nbonl half a milo on tho No Town side, and prisoner told witness that ho had been slack up. At. tho liino hn clothes weiv wet and torn. Witness nsked him why ho left him. and ho s<iid there were two parties soiuo distanco off in tho bush \vl>o suspected him of having gold, and he thought it was best to keep on'- of their road. Witness said no moro lo him at tlio time, but ns\oi\ him to enmo down to thft camp. I'risoner said ho had been stuck up, but witness was so Hurried th.\t In iliil not exactly know what,«hi« words were.lMxO-ioraml witnpa'< wentlothe camp, anil tlio latter tho'i told tho police that he had a strong suspicion that the prisoner liml taken tho roM himself Constable Kyan th*n arrested him. This wus v little lutor tlrio four o'clock on the siuno day they stnrtcl. Tho next, day ■wit ness received a mrssige l'rom piisoncr, nnd in consequence of it went to tlio cuinp. WiK uess then aiid that he would give prisoner £'50 and s<y no more about it if he would givo up the gold. (This hittor answer was elicited l>y Mr, Ciiii|ibell through his Honor, before any ovidenco as to what prisoner confessed ' was given.) Kxaminntion continued — After having" a conversation with prisoner, witness, with two constables, went about three miles and a half up tho . track ho cune alon,'. J\[r. Campbell objected to this evidence, a? it aroso from the confession that Jiad been so unfairly cMcited, I His Honor said thin was a maitar of fast', and could lie given. "At tho satno time he considered that both tho p-.-ovjo-.t'or and the police were greatly to blame, judging by tho depositions. Kxwnimtion continued — Prisoner at that disfcuic! tinned into the- bush, about ono hundred y.irds from the tr.ick, :.nd searched under the roots of some big trees, and at last drew the gold out from where it had been placed, and. h;nidp'-l it to witues.? just as it had originally been Rivpn to him Tlio prisoner, at the^pflWo^ - time, took out a watch from tho sani» liitling- \ " plnco ihafc lie had said had h»cn taken from him. The gold produced was the gold he hud taken. After giving up tho golJ, witness told tho constublo to again tako piisnnor in charge. By ftri\ Oiniplnll— Prisoner was sober when"* ho took charge of the gold tirst. Ho cou'd not siy positively whether he nbsistfd the prisoner to : mount the horse, ami ili'l not. recollect having a nohhlerwith him ut .ill itiilbatduy. Piisonermust have ritliliin vory fast nihcrwisj wilno.ss would hive caught him fooiier. When witness met pri.iniinr he appeared lo In perfectly sober. No Town was distant about eight miles from the Twelve- Milo. Tho parcel when received was • just the sumo as when prisoner liifrt to>k charge, of it. Before startincj prisoner had ono nobbier, bub not nnre to witness's? kno.vicdg). On starting prisoner wasq-iit3 snbir. Ooustablo Ryan, oi! tha Nelwn force remembered tlii! ] Bth of December, and on that date, was stationed nt tho Twelve-Mile, where ho h:iw the prisoner. Ho first saw him about 4 o'clock, and was then on horseback riding towards the Cain p as fast as iho liorae conH go, and shouting out " police " A short time afterwards prisoner left the C.unp with Inspector Ktrungo and a Constable. A littlo after that, tho prosecutor cuno to tho C'.iuip in compiuy with prisoner am) gave him into custody, on a ohnrgo of stealing a big of gold, liis (poseeutor'a) proper'y. Witnc3i wont with tho prisonei to the place where he sail he had been stuck up, but .saw nothing calculated to attract attention. Witness met tho Inspector a littlo way up tho creek, and returned. to tho pldco wlioro ho miid s-iid two men lia-1 rushed out nnd stuck him up. (Witness then went on to describe the tiuding of the gold corroborating Molloy 's evidonco as given above.) * In cross-exiimination by Mr C'anipbel 1 , the witness also gave a similar version as to the inducements held out by Molloy, for tho prisoner to confess. 110 admitted that he wa.s present when this course was pursued, and his Honor administered a very sharp reprimand adding that ho deserved dismissal. Cross-examination continued — IFo did advise prisoner to accept Molloy's ofTcr, and ' said that wry likely in that caso ho (Molloy) would not appear against him. I'risoner was perfectly sober when ho was shouting out *' police," and Intel no appearance of drink. Mr Campbell hardly knew what defence to sot up, for tho police and tho prosecutor had held outiuducemonts for prisonerto conib.«s,nnd on that confession all that followed nrpse. Ho contended that iho olfenco had not been committed, for prisoner hud actually given up nil he hud taken, and it wus for tho jury to consider whether, under all the circumstances, tho charge laid against him in iho indictment was proved or not. llh Honor said that tho only question for tho piry to consider was whether or not tho gold was taken by prisoner with v fulonious intent. Tho fuct that iho prosecutor and indeed Iho police had laid themselves open lo an indictment for vompromising a felony should not linvo any weight with I horn. Tho question was whether (hero wus 'a taking. In his opinion, tliero was a constructive takings for, in fuel, (ho gold was nevor, legally speaking, out of Mol'oy's poi-sc^ion. Ho need not sny moro, for tho Inch woro tuulisptit'jd, and would therefore- loavo ihu c.i s0 as ' it 1 was for (horn to consider. The jury found Iho pri«.oncr guilty, but rceommonded him to mercy, on accoi'ml vl (ho improper way in which the. prosecution had been got up, and also because he was a youri*man and hud been entrusted uilh tho gold. ° The prosecutor, by desire of Air Campbell, wns culled lo yjvo cviJeiioo us (o prisoner's chiii'aclcr, but failed to say aintbingiavorable. Jlis Honor said prisoner bail been fouml guilty on tho clearest evident e, both of di.hi)Uej»ty ami uh>o of a breach of tins.), lie seiifouci'il him then to tw'elvu months' h),urisojunci.t with hot U labor, , ' •

Soino doubt nroso na to wiictlicr llie prisoner slioulil not liavo been tried in Nelson, ns the oll'cr.co wna commit ted in the Nolfoii province, but Mr Abbott, the Registrar, s.u'.l that a portion of Nelson wns in the West land district, nnd Iho mat In 1 llicn droppe.l, the prisoner being oivliml to servo his senlciu-o in Lytlclton gnol. Tho Court tluMi n-ljourn *d till next (Ihh) day.