SUPREME COURT.—WESTLAND DISTRICT.

West Coast Times, Issue 257, 20 July 1866, Page 2

SUPREME COURT.— WESTLAND DISTRICT.

CRIMINAL SITTINGS. (Before His Honor Mr Justice Gkesson.) Thursday, July 19, 1860. ■ His Honor took his seat at 10 o'clock, and the business of the Court commenced immediately. The attendance at the opening of the Court was not quite so good as on the previous days ; but this, no doubt, was occasioned by the fact that the cases for this day possessed little or no interest. ESCAPE. Robert Stone, who was yesterday found guilty of robbery under arms, was now charged with having, on the 3rd day of May last, when, confined in prison in the gaol at Cobden, on a charge of robbery under arms, escaped from custody, and remained illegally at large. Prisoner pleaded guilty, and was remanded for sentence. lIOKSE-STEAUNG. Thomas Bray, charged with having, on the 4th day of March, 1866, feloniously stolen and led away a colt, the property of Peter Watson, pleaded not guilty. The jury in this case were Henry Hall (fore- < man), John Dixon, Andrew Lindsay ( Edgar, Hugh Cassidy, William Kingwell, r John Stevens, Robert Frith, John Meehan, John Davidson, William Thomas Walker, William Melody, and Solomon Michael Solomon. The Crown Prosecutor, in opening his case, said that the indictment was laid under the statute $ and 8 Geo. c. 29, s. 25. He then briefly stated the particulars of the case, which are as follow : — Tho prisoner sold to one Peter Watson a colt, for the sum of Ll7, which colt was then running in the'bed of the river Teremakau. The prosecutor went next day and caught the colt, and on his way home having occasion to . call at Alexander's store, tied the colt up outside. He got drunk Jhere ; and when he came to look for the colt it was gone. The colt was subsequently traced to prisoner, who had sold it again to Mr Ray, of the fttira Gorge.

Peter Watson deposed that he was a laborer, residing at Teremakau, and knew the prisoner by sight. Remembered the 4th of March last ; he was at Alexander's store;, the prisoner was there, and he bought a colt of him for Ll2 ; prisoner had not the colt in his possession then, it was •running on the river bed of the Teremakau. Witness bought the colt before seeing it. The storeman, Robert Norris Roberts, paid the money for witness out of some money he had belonging to him. It was about mid-day. Witness saw the colt next day, when he fetched it from the river bed to Alexander's store. Prisoner was then at the upper store. It was to this place witness took the horse. He saw the prisoner there, who said that was the horse he had sold to witness. Witness took possession of the horse. He asked prisoner why he said there was a brand on the horse when he sold him to witness. Prisoner said he remembered branding him with hoop iron when he was bringing it overland, from Nelson, but he thought it would not shew. The first receipt which the prisoner had given for the purchase money (Ll2) was no good. He then gave witness another receipt. (Receipt produced, but not identified.) The first receipt was torn up. Witness left the horse tied up at the store. It was pretty dark that night Witness last saw the horse at. dusk. He get drunk that night. In the morning, when he looked for it, he could not find it. Witness then asked all in -the store, including prisoner, whether .they knew what had become of it. Prisoner said he had taken it to put it in the stable, and it had broken away from him. It had gone back towards the river. This was in the opposite direction to the Otira. Witness, together with prisoner and Alexander, searched for it, , but could not find it. Witness qffered a reward of Ll, and prisoner said he would get it next day. Witness then went home. Next day, he searched again, and went in the direction of the Otira. At Kelly's, between Alexander's and, Ray's store, I saw the prisoner, and found the halter and bridle. He asked witness what he was doing there. He said that witness need not come while he was there. He (witness) said it was best for him to come and look afters his own. Prisoner said the horse was at Kelly's, but witness said it was not that it was at Ray's. Witness went to the stable and taw the horse there. He came back, and saw the prisoner going into the bush as hard as he could go. Witness called to him to come back, and he didso, He offered witness Ll7 to say nothing about it ; but witness said " No." He then told witness he would give him a mare if ho would say nothing about it. Witness said he would have the colt or nothing. He has recently seen the horse in the hands of the police. By the prisoner— l brought the horse to the upper store. It was a colt three and a half years old. There was a brand on it. Here is the receipt for the colt. You had the first receipt. I never saw the horse in your possession, except when you told me the horse was the one you sold me. I was told at Kelly's that the horse was at Ray's. That is the way I found it out. Robert Norris Roberts, deposed that he was a storekeeper at Alexander, Teremakau, and remembered the 4th of March last. Witness, prisoner, and Watson were there. Prisoner offered to sell a horse (a black colt) to any one for Ll2. The last witness (Watson) bought him, and witness paid the money for Peter Watson, and got a receipt from prisoner. (Receipt produced). He (witness) drew out the receipt produced ; prisoner signed it ; and Frank Rogers witnessed it. Witness saw them sign their names. It was at the Junction Hotel, Teremakau. Prisoner stayed at the lower store all night and returned to the upper store on the morning of the sth Witness did not see him there. He saw Watson on the morning of the sth ; Watson had in his possession a black colt. Witness saw it to-day in the hands of the police. Cross-examined by prisoner — I cannot tell where the horse was when you sold it. There were two receipts made out. There were no brands mentioned in the first receipt, the horse was sold as a colt. I never saw the horse in your possession. I knew you sometime before wiis by sight. The reason why there were t\vo_ receipts was on account of no brands being mentioned in the first. It was done at the request of the prosecutor with your sanction, The first receipt was destroyed. This receipt is a copy of the first, but the brands are inserted in this. I cannot tell the object of putting L2O in the receipt., L2O was inserted in the first receipt. You

were the worse for liquor when the second receipt was drawn out. Walter Ray, deposed that he resided at the accommodation house, Otira, and remembered the 7th March last. The prisoner was at his house on the following morning, the Bth. He came up for a horse that had been left at witness' house by Mr George Aiken, the contractor, on the previous day. When prisoner came he said he had come for the horse that the gentleman had left on the previous afternoon. He described the horse to witness and delivered it to him. lie said it was his own. When the horse was coming^ out of the stable witness offered to buy it from him. Prisoner wanted L2O for it, but witness offered him LlB. lie said he would take Ll9, and witness gave it. A bill of sale was drawn up and Mr Lock witnessed it. Prisoner stayed about half an hour when prosecutor came up and claimed tlie horse. Witness asked him if he had any receipt, and after some argument prisoner said .that witness was the rightful owner and not Wat&on. Watson went away to get his receipt to shew witness, and while he was away he (witness) said to prisoner that there must be some mistake about the horse and he had better give him back the money and he would give him back the horse. This was agreed to. The bill of sale and re.ceipt were destroyed. Prisoner then went away and witness heard no more of the matter for a few days. Cross-examined by prisoner — You were sober. You had two glasses of grog at my house. James Slattery, said that he was a Sargeant of Police, and remembered the 10th of March last. He arrested prisoner on that clay on a charge of stealing a black colt ; the property of Peter Watson. Witness gave him the usual caution, it was at the Otira accommodation house. He sent a man for the hotse who brought it in. Prisoner asked witness to allow him to give it to Watson and say no more about it. When going to the Rangariri Station prisoner said " Let this case drop and I'll give you a bay mare." He also said he would shew witness a L3O acre paddock which would be useful to him whilst in the force. The colt outside the Court i 3 the animal. The prisoner said he had given instructions to subpoena Mr Aiken but the subpoena had not been served. He called no witnesses. Mr Duncan said Mr Aiken was in Wellington. His Honor then addressed the jury saying the case was an exceedingly plain one. No man was allowed to sell a horse twice. It had been proved that the prisoner first sold the horse to the prosecutor and afterwards re-appropriated the horse and sold it to Ray. He called the attention to the fact of the prisoner attempting to bribe the Constable to perform a gross direlec - tion of duty. It was for them to express an opinion as to the prisoner's guilt. The jury without retiring immediately brought in a verdict of Guilty. The prisoner was remanded. OBTAINING MONEY ON FALSE PRETENCES. John Williams was brought up, and discharged, the Crown Prosecutor stating that it was not his intention to prosecute. LARCENY. John Henry Brinker was charged with having on the sth day of March, 1866, feloniously stolen, taken, and carried away one bag and money, the property of one David Kingham, from the person of the said David Kingham. Prisoner pleaded Not" Guilty. The following jury were sworn :—: — Archbald Scott (foreman), William Thomas Walker,JMichael Donoghue, William Henry Lash, Peter Gunn, John Dutton, George Paterson, William' Kingwell, John Stevens, Andrew Cumming, George Baillie Gibson, and Andrew Collins. The prisoner was defended by Mr O.Loughlin. The Crown Prosecutor here said that he would have to abandon this charge, which was that of stealing from the person. He would lay another indictment under a different statute, viz. : stealing from a dwelling house property to the value of L 5. His Honor then directed the jury to acquit the prisoner on this charge, the Crown Prosecutor having no evidence to offer which they accordingly did. The prisoner was remanded. PASSING A VALUELESS CHEQUE. James Joseph Jackson was charged with having, on the 3rd day of February, 1866, obtained the sum of L 5 from one James M'Cullagh, by means of a valueless cheque on the Bank of New Zealand, Greymouth. Prisoner pleaded Not Guilty. The following jury were sworn : John Robert Hudson (foreman), John Dutton, Hugh Cassidy, William Henry Lash, 'Thomas Cowlishaw, Peter Gunn, Joseph Anderson, Andrew Cumming, William Thomas' Walker, Michael Donoghue, James Gray, John Stevens. The Crown Prosecutor informed the jury that the indictment was laid under the statute 7 and 8 Geo. IV. 29. 5. 53. He then proceeded to shew them what was sufficient to constitute a false pretence, and said that when a party represents as an everday fact that which is not an existing fact and so obtains money, this was an offence within the statute. The learned gentleman then briefly stated the particulars of the case. He called —

James M'Cullagh, — who said that he was a publican at Hokitika. He knew the prisoner by sight. In February last prisoner was at his house. He owed witness some L 3 or L 4. He offered to settle the account. He came in and witness asked him to have a drink. He said, " I have got no money on me.'' He said he expected 420?5. of gold from the Grey by the coach. He also said he had a cheque for L 5, and told witness if he would let him have a pound or two, with what he owed him, it would square it. Witness •gave him a pound, and he handed witness the cheque. (Cheque produced.) He believed the cheque produced is the same cheque. He could not swear to its being the same cheque. To the best of his belief it was. It purported to be signed by the prisoner, and was on the Bank of New Zealand, Greymouth. Prisoner said nothing about the cheque. He said he would he down in a day or two, and either take the cheque back or settle up with him (witness). He said this after he handed the cheque to witness. The next day witness presented the cheque at the Bank of New Zealand, Hokitika. It was not cashed. Witness kept it. He kept it for a few days until Constable Carr took it. Witness thought the cheque was a genuine one, and it was this induced him to give the prisoner the pound. Witness got no other cheque from prisoneronly this one.

By the prisoner — It was not on the Bth February you came with the cheque to my house. It was on the 2nd or 3rd of February. To my knowledge you were not in ray house the day previous to my handing you- the cheque. You shewed me a letter you had received, to the effect that you had some gold coming down. The money you f owed me was for a debt incurred before Christmas last. I would have lent you the the pound without the cheque. You told me that you had come to town through sickness. You were not tipsy at the time. I did not know whether you had any money or not. By the Bench— l would have given the pound to prisoner without hip giving me the cheque. It was not his giving me the ,cheque that induced me to give him the money. His Honor said the case must fall through. The Crown Prosecutor concurred with his Honor, and said that the witness had contradicted himself. His Honor then directed the jury to bring in a verdict of Not Guilty, which they accordingly did. The prisoner was then discharged. His Honor remarking that he believed him to be guilty in a moral point of view. KOBBERY FROM THE PEHSOK. Archibald Cameron was charged with having, with one Richard Keenan, on the 9th day of .February, 1866, feloniously assaulted and robbed one Edward Weston, and stolen from him certain moneys. (The prisoner, Richard Keenan, had escaped since committal.) To this charge the prisoner pleaded Not Guilty. The following jury were empanelled :—: — William Thomas Walker (foreman), William Glynn, Cornelius John Payne, James Gray, Hugh Cassidy, Andrew Cumming, John Davidson, William Melody, Thomas Cowlishaw, Henry Mace, Thomas Buxton, John Dixon. (John Hacket was challenged by the prisoner.) The Crown Prosecutor informed the juiy that the indictment was laid under the statute 7 Will. 4, and 1 Vie, c. 87, 8. 85. He briefly stated the facts of the case, and called the prosecutor, Edward Weston, who deposed that he was a miner, residing at Greymouth. He had known a person of the name of Keenan for eighteen months. He did not know the prisoner before he waß robbed ; he did not know him even by sight. Witness was in the Alliance Hotel on the night of the 9th February ; it might be about 9, 10, or 11 o'clock. Witness saw Keenan there, * but could not &ay whether he saw the prisoner there. Witness left about 9, 10, or 11 o'clock, he could not say which. Keenan and witness leftthe hotel about that time in company. Keenan went with him about two hundred yards from the place ; witness then bade him good night, and when witness had gone about nine or ten yards after he had said good night, he received a blow. Witness had turned off to the right into a lane, when he got a blow from behind. It knocked him down. He knew nothing more. He saw no more ; but after falling, he felt someone on the top of him and keeping him down. Witness had L 27 in a purse in his pocket at the time, and when he got up he searched his pocket and found money and bag gone. He lit a match and searched about on the ground where he had been lying, and found Is. Id. Witness tried to get up when he felt some person getting on top of him.- | By the Bench — I cannot say whether there was more than one. By Crown Prosecutor — When he (witness) was down he did not feel a hand in his pocket. He kept his money in his trousers pocket. He received a cut on the forehead in consequence of his falling forward. The person who held him down was on his back. He could not say whether there was anything round his neck ; he was knocked silly ; he could not feel anything, either before or after. He felt sore about the neck and shoulders for a day or two after the assault. He could not say he heard anybody speak. He got a sudden blow, and did not know what happened after. By the Bench — I was "not to say the worse for liquor. By Prisoner — I never saw you before I saw you in the watch-house. John Henry Supple said — That he resided at Greymouth. Ho remembered the 9th February-last, and was at the Alliance Hotel on that night. To the best of his knowledge it was between eight and ten. He saw Nestor there, and also the prisoner. Witness had seen a man named Keenan. He (Keenan) was there. Witness left the hotel between eight and ten. He could not say whether Nestor, Keenan and the prisoner left before him or not. When witness left, he went towards a butcher's shop, wheve he was dealing at the time. It was in the direction of Mackie street. He passed a lane at the time — a bush track on the right. He went into the bush ; . and returning from there he saw Nestor passing, and he saw -another man come and knock him down. He did not know the man. His name was Keenan. He came behind Nestor ; but could not say whether he struck Nestor or not. The j man came behind, and caught Nestor by ' the collar. After Nestor was down, another man immediately ran up to where Nestor was lying, and said " Hold him fast, Dick! 1 ' Witness saw him dp nothing more. He went away very quickly, and in passing the butcher's shop, which was near where this occurred, said, "Fred, there's something up here. 1 ' Witness went to the Alliance Hotel again, and remained there about terl minutes. He then went across to the Empire Hotel, ffhe prosecutor Nestor was sitting on a seat in front ■of the bar. Witness could not see who the man was who said " Hold him fast." He only knew the prisoner as being the companion of Keenan in the dancing room. He could not say whether the prisoner was the man who ran up. He could not form an opinion as to whether the prisoner was the man who said " Hold him fast, Dick," or not. His Honor then asked the Crown Prosecutor whether he had any better evidence to offer, as, in default, he presumed the case for the Crown had broken down. The Crown Prosecutor then agreed to a verdict of acquittal, which the jury, by the direction of his Honor, brought it. The prisoner was then discharged. J^ABCENY. James Marsden, against whom the* Grand Jury found no true bill, was now discharged. ASSAULT WITH INTENT TO RAVISH. Thomas Meagher was charged with having, on the 15th day of March, 1866, committed an offence of this nature upon the person of one Mary Jane $mith,

The prisoner pleaded Not Guilty. The following jury were empannelled : — William Kingwell (foreman), Archibald Scott, John Cheffings, John Stevens, Peter Gunn, John Dalton, George Baillie Gibson, Andrew Lindsay Edgar, Solomon Michael Solomon, George Paterson, William Henry Lash, and John Hackett. The Crown Prosecutor stated the nature of the charge, and read to the jury the definition of assault. He said he intended to prove that the prisoner went into the tent of a musician named Smith, at about half-past ten o'clock at night, and there committed the alleged assault upon Mrs Smith. He called Mary Jane Smith, who deposed that she was the wife of Thomas Smith, a musician residing at Greymouth. She remembered the 15th March last. She was in her tent that night about half-past ten o'clock. She saw the prisoner that night about half-pa3t ten. It was in the tent She had seen him but once before, and that was at Kilgour's Hotel. Prisoner rushed into the tent quickly and asked witness to kiss him, anfl she declined, He then asked her if she would like to go to a ball with him at the Alliance Hotel. Her husband was playin* at the Charley Napier Hotel. Witness "declined, as she did not know how to dance. She might have gone if she had known how to dance. She did not desire to go with a stranger. Prisoner then said "Tom," her husband, was going to the Alliance Hotel to play. Witness was then going to the other end of the tent, when prisoner took hold of her and knocked her down. He took hold of her by the right arm first. He then threw her down on the floor of the tent. She remembered nothing more, except that she screamed out. Prisoner then rushed away from the place. Witness was not hurt by the fall on the floor. She received no bodily injury whatever. Prisoner did nothing more than throw witness on the floor. . He fell at the same time, He was perfectly sober. When witness screamed nobody whatever came to her assistance. Her husband was "the first who came. It was about ten minutes afterwards. Witness does not know whether the prisoner got hold of her right arm. He did not strike her at all. By prisoner — I did not see you more than once before the assault. I was in the habit of going to the Alliance Hotel, and saw you there occasionally. This was before the assault. I danced with you once at Kilgour's Hotel. This was when I first met you. I danced with yoa at the Alliance Hotel before the assault. I believe I danced with you two or three times. You never escorted me home without my husband was present You never took me home when I was intoxicated, without my husßand. Cross-examined by the Bench — When I said that I had met prisoner but once before the assault, I meant the time I was introduced to him. I met him more than once before the assault. Michael Thomas Smith*deposed that he was the husband of the last witness, and a musician residing at Greymouth. Witness remembered the 15th of March. He went into his tent that night about a quarter past ten. His wife was the only person there^ She was crying and very much agitated. Her hair waa rumpled. Witness did not particularly notice her dress. Witness saw the prisoner in the dancingroom at the Cnarley Napier from about nine till near ten. He was dancing there. Prisoner left the room about that time, and witness did not see him again that night. Cross-examined by prisoner-— -It was pretty near ten o'clock when I saw you /leaving the room. What I said in the Magistrate's Court was that I noticed prisoner being out of the room about halfpast ten. My wife was not, as lam aware of, in the habit of going to the Charley Napier to dance. I have seen her there once. I don't remember you escorting my wife home several times. I don't remember being in company with you and my wife one night. I don't remember my wife being drunk one. night when I refused to bring her home. The prisoner said that he had witnesses but that he had no money. He had been obliged to pay for a horse to bring himself down from Greymouth. He had applied for the depositions about three weeks agp, but had only received them this morning. His Honor asked Mr Dale, the gaoler when the depositions had been sent for, and the reason of the delay; when Mr Dale informed his Honor that the depositions had been lying at the post office unknown to him. He thought the police were the parties to whom the depositions should have been sent. He had only received them that morning from the post office, and was extremely sorry for the delay, but it was not occasioned by any neglect on his part. The prisoner called no witnesses. His Honor then commenced to address the jury, when a person in Court volunteered his evidence in favor of the prisoner. His Honor directed him to be sworn. John Dixon stated — That he was a gal-vani&ed-iron dealer; was not acquainted with the prisoner, but that being aware of the character of, the prosecutrix and her husband he thought it his duty to come forward and state that Smith had been a tenant of his, and that he and his wife kept a brothel, and he knew of his own knowledge that the prosecutrix had been intoxicattd a great number of times. Alexander Constantine, who also volunteered his evidence, deposed — That he was a publican, and lived at Greymouth. He did not know the prisoner's name, but has seen him a good many times in company with prosecutrix. This was before the 15th March. He had seen them dancing together. His Honor then resumed his address to the jury saying that the case must rest entirely upon the credibility of Mary Jane Smith. If they believed the prisoner had committed the assault, as Mrs Smith had deposed, they would find him guilty ; if they did not believe so then they would acquit the prisoner. The jury tfcen retired, and in about three minutes brought in a verdict of Not Guilty. Signs of ap- - probation were visible in the body of the Court at the announcement of the verdict which were immediately checked. OBTAINING GOODS UNDER FALSE PRETENCES. Emilie Huskisson, aged 25 years, was charged with having, on the 20th day of February, 1866, fraudulently obtained from one Charles Broadbent, two ounces of gold, by means of false pretences. Prisoner pleafled Not Guilty, and the following jury were empanelled : — Thomas Betta (foreman), John Stevens, Andrew Lindsay Edgar, William Kingwell, Archibald Scott, John Dutton, George Paterson, Joseph Anderson, John Robert

Hudson, William Henry Lash, John Hackett. John Meehan. The Crown Prosecutor said that the charge was laid under the statute 7 and 8 Geo. 4, c. 29, s. 53. He explained to them the definition of a false pretence. He said if any person represent, as an ex* isting fact, that which is not an existing fact, with intent fraudulently to obtain anything from another, that would amount in law to a false pretence. He stated shortly the facts of the case, and called the prosciif or, Charles Broadbent, who deposed—That on the 20th day of February last, he was a watchmaker at Ilokitika. He knew the prisoner, and saw him in witness' shop that morning. Prisoner came to him, and asked him if he (witness) would let him hare some gold to show to a party. He represented to witness that he wanted to get a chain made for a person, and he took the gold so that he might have it made out of the same nuggets. He represented that he had money in the Bank of New Zealand at Hokitika, and a share in the Waimea Water Race Company. Through these representations, witness thought himself justified in letting the prisoner have the gold, Prisoner got the gold, and promised to return it the same afternoon. Witness saw him in the evening, and asked him for the gold, when he said that the bank was closed, and as soon as it was open in the morning, witness should get it. Witness saw prisoner next day. Hq said he was just going to settle some business in the bank and get some money, and that he would make it all right. After this, prisoner went down to Totara, and witness gave information to the police. He was brought back in custody by Constable Carr, who brought him to the shop. Prisoner offered witness 255, saying that was all the money he had, and would witness take it and settle the affair. Witness said that he could not — that he wanted the gold. Prisoner then asked witness if he would go to the Post Office Hotel, and he went there with him and Constable Carr. Prisoner went into the back parlor to speak to some one. He then rushed through the bar, over the counter, and ran down behind the Post Office, where he was caught. He had never returned the gold, nor v had he paid witness for it. Cross-examined by prisoner — When you received the gold from me you did not say you would pay me for it. I sent a bill to you for L 7 12s 6d. I took the bill to you, and told you that you had better give me the money, and have no more disturbance. When I went with you to the Post Office Hotel, with Constable Carr, I did not say that if you would give L 5 that night I would settle the matter. You were not a stranger to me. Ido not think I would have given you in charge if you had paid me the money. Hugh Cassidy deposed that he was a publican" in Hokitika. He had been at the Waiinea occasionally two or- three times a week. He had resided there some time. He knew the prisoner there. At that time witness believed him to be cook to a mining party. Witness did not believe that in last February there was such a company as the Water Race Company. Cross-examined by prisoner— l know Jim Meehan's water-race at the Six Mile. It was a dam in February {last, and not a race. I understood that you were cooking for a party. I did not know you had L 3 a-week. I did not know if the company had money to pay you with. They got the stores on credit. If I were in a situation like that, and did not get my money, I would not consider I had a share in the companyFrancis Newton Bruce, deposed that he was ledger-keeper in the Bank of New Zealand, Hokitika. About the 20th March last he examined the books, to see if there was any account in the name of Emilie Huskisson. There was no such account, or any monies to his credit. Witness did not know the prisoner. This closed the case for the Crown. Witness called for the defence John Aitcheson Carr, who deposed that, on the night he was taken in charge, prisoner offered prosecutor to pay for the gold. Witness told the prisoner that as he had been given in charge he could not allow him to pay the money. Prisoner then requested witness to go to the Post Office Hotel. Witness has often seen prisoner and Mr Broadbent drinking together. The Foreman of the Jury here wished his Honor to recall the prosecutor, in order that he might know whether he had been in the habit of transacting business with the prisoner. Mr Broadbent recalled, deposed — He had had no business transactions with the prisoner, but he had shewn him goods at the Marine Hotel, upon prisoner's representing that he wanted to buy them. Prisoner, in defence, said that he had bought 20z3. of gold from the prosecutor, and told him he ■would pay him when he could. The prosecutor and he were good friends. A few days after he bought the gold the prosecutor sent him a bill, and the prisoner offered him 25s on account, , but the prosecutor said he would like it all at once. Prisoner further said he had no intention whatever to defr&ud the prosecutor, he bought the gold and intended to pay for it. His Honor proceeded to sum up the evidence, and said that in order to sustain the indictment they must be certain as to the pretences being false, and they must also be convinced that it was in consequence of those false representations that the goods were obtained. He informed the jury that j where a person simply parted with the possession and not the property in an article, and the person to whom the article "was lent, or to whom possession was given, converted the same to bis own use, or made away with it, such person would be guilty of larceny. By 7 and 8 Geo. 4c.29 it was enacted that where, in the case of a prisoner charged with any felony the evidence should only prove a misdemeanor, the prisoner should not on that account be entitled to an acquittal, but might be found guilty of a misdemeanor. His Honor said he certainly thought that this law applied in this particular case. He went through the evidence, and concluded his address by I saying that, if the jury were convinced of the prosecutor's statement they must bring in a verdict of guilty, and if not, the prisoner must be discharged. The jury then retired, and after an absence of twenty minutes, returned into Court with a verdict of guilty. His Honor then sentenced the prisoner to three months' imprisonment with hard labor. STABBING. Hugh Knox, charged with stabbing, was brought up, and discharged, the Crown declining to prosecute in consequence of the absence of a material witness.

"During the day, the Grand Jury found true bills in the following cases : — William Quinlan and James Ryan, riotously demolishing a house ; Henry Hanson, same ; Frederick Smith and Bridget Kelly, larceny in a dwelling-house to the value of L 5; Thomas Bray, horse stealing (two cases) ; and Patrick Downes, aggravated assault. I'hey failed to find a true bill against Alfred Williams, charged with larceny.