SUPREME COURT.- WESTLAND DISTRICT.

West Coast Times, Issue 260, 24 July 1866, Page 2

SUPREME COURT.- WESTLAND DISTRICT.

•CRIMINAL SITTINGS. (Before His Honor Mr Justice Gbesson.) ' Monday, July 23rd. The bu-ines*. of the Court commenced as u-unl at ten o'clock* Robe t Stone, aged 40 years, convicted of robbery under arms-, was brought \ip for sentence. His Honor, after a few observations as to the heinousness of the offence^ senrencetl him to six years' | en 1 servitude within the colony of New Zealand, the same to be computed from the 16th July instant. The same prisoner, who had been convicted on a charge of escaping from custody, was at the bame time sentenced to six calendar months' imprisonment in the <*aol at Hokitika, to date from the termination of the sentence for the first offence. LARCENY. William Harbisson, aged 25 years, was charged with having, on the 7th day of April, 1866, stolen a purse and money, the property of one John Edward Freeman, from the dwelling-house of the said John Edward Freeman. PrL-oner pleaded Guilty, and was sentenced by his Honor to twelve calendar mouths' imprisonment, with hird labor. FORGERY AND UTIEEING. William Montressor, aged 21 years, was charged with having, on .the 21st day of June, 1866, feloniously forged two cheques on the Bank of New South Wales, Kaiapoi, each for L 5 10s. A second count charged the prisoner with having uttered the same, well knowing them to be forged. Prisouer pleaded Guilty The same prisoner was also charged with having forged two other cheqm s on the Union Bank of Australia, Christchurch. Prisoner pleaded Guilty. His Honor, for the" first offence, ' sentenced him to be imprisoned in the gaol at Hokitika for two years, and kept to hard labor. For the second offence; the prisoner was sentenced to one year's imprisonment, with hard labor, the latter sentence to take effect from the expiration of the former one. STEALING A WATCU. William Johns was charged with having, in or about the month of December,- 1865, stolen a watch and chain, of the value of LlO, the property of one James Patrick Sweeney. Piisoner pleaded Not Guilty, and Mr Butt n defended him. The following jury were swnrn : — James Henry Oi son (foreman), Peter Gunn, James Gray, Andrew Camming, William Henry Ltit-h, John Davidson, Thomas Cowlishaw, John Median, William Melody; Thomas Buxton, Thomas Betts, and- Robeit Cole. The Crown Prosecutor said that the indictment was laid under the statute 7 & 8 Geo , o. 29, s. 12. He biiefiy stated the ca-e to the jury, and called Hugh Boyle, who deposed that he was a constable stationed at Greymouth. In the month of February last, from information received, he arrested the prisoner. When witress arrested him he w.ts in the shop cf Mr E ist. a watchmaker at Greymouth. It was on the 2nd February. MiEast gave witness a watch, which he now produced. There was no chain. Prisoner was in the shop when witness received the watch from Mr Enst. Mr Ea-t told witness he received the watch from the prisonei, who brought it there to have it tested, to see if it was gold or not. Witness cautioned the prisoner when he arrested him. He said he had bought the | watch from a person in Ilokiiiku, some three iwonths or three months and a half bef oi c. He then took prisoner to the lockup.

Peter Lareson said that he was a watchmaker, and resided at Greymouth in the month of November last. Witness gave a gold geneva watch and albeit chain to Mr Skeed. It was, he thought, in December lust. It was to sel or raffle. Witness gave it to him because it was an expensive watch, and witness could not sell it in the shop. After giving it to Mr Skeed, witness saw it at Sweeney's' Hotel. It was about a week after he gave it to him, and some time in December. Witness saw the watch at Sweeney's once on a shelf inside the bur, and on Saturday evening he saw it on a table in the dining-room. The last time he saw it at Sweeney's was in the latter end of Decemher. The next time he saw it was in Mr East's shop with the prisoner. A constable (Boyle.) was there. (Watch produced.) The watch produced is the one. The value of the watch and chain was L 25. By Mr Button — I was in the shop first, before the constable came. Henry Price Skeed deposed that he was an accountant, residing; in Greymoutli. He remembered about the month of December last receiving a gold watch and chain from Peter Larsson. Witness does not recollect the date. It was about the middle of Decemher. The watch produced is like the watch. It is of the same description-, but witness could not swear to it. Witness took it to Sweeney's Hotel to raflL', and saw it there for about a fortnight afterwards. He last saw it there just before Christmas. Witness did not sell the watch to any one. lie did not know the prisoner. James Patrick Sweeney said that he was residing at Okarita He kept an hotel at Greymouthin the month of December last. He rememhered Mr Skeed giving him a g>ld watch and small albert chain, and a small glass case. It was some time in December. He placed it on a &helf in the bar, underneath the glass case. It remained there over a week. Witness did not sell or dispose of it to any one. He missed it one evening. (Watch produced.) The one produced resembled the' watch. He only knew it by the way in which ir was wound up. The glass c ise went as wtll. The only place witness believed he had seen the prisoner was at the policeoffice in December.

By Mr Button — I never to my knowledge saw the prisoner until at the police office. I now recollect it was in February. The watch was never in my possession. I did not place it on the shelf. It was placed there by Skeed, and I told Skeed it could not be riffled in my house, as the police hid forbidden raffling. He went round the place to get members to raffle, but could not get enough, and he then left the watch, but it was not in my charge. Slaed used to come and wind it up himself. When witness missed it he thought Skeed had taken it. Skeed used to go behind the bar whenever be thought proper. Other people attached to the premises did the same, but no strangers. Henry East said he was a watchmaker at Greymouth, and knew the pri-

sotier. lie had kiiotvti him from the beginning of Fotiru-iry, when he brought a watch into the simp. (Watch produced and identified.) lie asked witness if it, was a gold uatoh. Witness told him it w.ie, and that he had 6een the watch bef re k Prisoner Bald he had bought it in Hokitika some time previous. Witness believed he said two or three months. ; He i hen asked prisoner if he knew that the watch had been stolen, and he said no. Witness sent for the police, and kept the watch till he handed it to Constable Boyle. This closed the case for the Crown. Mr Hutton would ask his Honor if he thought the indictment was home out by the evidence. In the indictment the watel) was described as the property of Sweeney, and he (Sweeney) had denied ever having anything to do with it. The Crown Prosecutor saul that the fact of Mr Sweeney allowing the\vatch to be placed in hid house, under his care and protection, would be sufficient to sustain the indictment. He was the bailee of the goods. He admitted having them in his care and protection, nnd he received them and retained possession, and this he presumed would be sufficient. Mr Button contended that there must be assent on the part of the bailee to,constitute a bailment, and he insisted that in the present case it was not so. A<rain, the watch had been placed there for an illegal purpose. He would place a case in point before his Honor. Suppose Mr Sweeney had been sued in a Civil Court for the value of the watch, would the evidence have been sufficient to secure a verdict for the plaintiff ? He thought not, .and the same rule applied more strongly in a criminal case. His Honor said that he would overrule the objection raised by Mr Button, but if the learned gentleman wished it he would reserve ihe point for the Court of Appeal, and would make a note of Mr Button's objection, that there was no evidence that Sweeney was bailee of the goods. Mr Button requested that a note of the point might be made, to which his Honor assented. Mr Button then addressed the jury on behalf of the prisoner. If they looked at the evidence^ they, would observe that it was wholly of a presumptive nature. The Crown wonM ask them to presume the prisoner guilt}', but he believed they vroiild cune to quite another conclusion. So far as the evidence went, there was not one single cirenmstur/ce to connect the prisoner with the theft of the watch. They mu>t remember that the law was exceedingly careful of the life and liberty of the Mihject, and in no case could a man be convicted of an offence without the surrounding circumstances of the case were of such a kind as to force them to come to no other conclusion than the guilt of the prisoner. Presumptive evidence was of three kinds — violent presumption, weak presumption, and slight presumption. Violent presiiniption is where a man is seen coming out of t. dwelling-house in which a murder, has been committed, with an instrument covered with blood. A violent presumption would thus be raised thaf the person so seen coming out had committi d the murder. Weak presumption would arise where stolen property was discovered in a man's possession shortly after it, had been stolen. And slight presumption was where a long time had elapsed from the stealing to the discovery of the articles stolen. Now, he must urge that in this case the evidence did not amount to any kind of presumption whatever, hut simply to a auspicious circumstance. There is no presumption of a violent kind here. Lord Hale, in his works, directs juries to be exceedingly cautious of coining to a conclusion on circumstantial evidence. No doubt in some cases circumstantial evidence was the very .best kind of evidence that could be got ; but unless the surrrounding circumstances fully bore out the presumption of guilt, a jury ought to acquit the prisoners, lest the innocent should suffe r , Lord Hale quotes a certain case, where a man was tried and found guilty of stealing a .horse. lie would inform them, that in former times the crime was a capital offence. Well, this man was executed for the crime of which he had been found guilty. The very next assizes another man was convicted of a similar offence, and confessed that it was he who stole the horse for which the other party had been executed. He said, that having overtaken a person walking along the road, and hearing the pursuers close behind hi<n, he asked this person to mount the horse nnd go slowly along, while he went behind the- hedge for a necessary 1 purpose. The presumption up'ou which the jury found the prisoner guilty was a violent one He was found riding the horse, and therefore the jury found him guilty. It would, therefore, be their duty to be extremely cautious in coming to a conclusion ns to the' prisoner's guilt. Al* the evidence again>t the prisoner in tin's case was that the watch had beon tound in his possession. The law considers the desciiption of the articles stolen, and the time { that has elapsed. If the Crown could not tell at what time the watch was. stolen, how could they expect the prisoner to give the time he hal received it. He would give the Crown witnesses great credit for the careful manner in which they had given their evidence. They could not say when the watch was lost, except that ii was missed some time in December — about Christmas time. It was found in February, so that five or six weeks must have elapsed. When they took thi.s into consideration, he (Mr Button) thought the j prisoner must he entitled to an acquittal. Look at the conduct of the prisoner! It does not look like that of a guilty man. When the watchmaker a«ked him if lie knew it was stolen, he said, "No ;" and that he hud bought it in Hokitika some time previously. Not one of the witnesses could tell them what the prisoner had said. If a prisoner gives a reasonable account of stolen property found in his possession, it was the duty of the Crown to negative that *account. The learned gentleman quoted Archbold's "Pleading and Evidence in Criminal Cases,'' p. 208. He would reiterate, if the prisoner give a reasonable account of the property, it throws it upon the prosecutor to negative (hat account. The learned gentleman reviewed the evidence of Constable Boyle and Mr East. He maintained that the prisoner had given a fair account of the manner in which he received the watch, and it was for the Crown to rebut it. There was nothing to prove the prisoner did not get the watch in Hokitika There was not a scintilla of evidence against the prisoner. If the prisoner had stolen the watch, he must have known when he stole it. Would he not have taken care then to make the daU?,of his reception of it correspond in

some manner with the date on which it was stolt^n. Let the jury ask themselves if one of them might not be placed in the very same position as the prisoner. What a nice position, if they could give the day aud date, 't hey would have no hesitation in saying that a watch is an article likely to pass Iron) hapd to hand. . They must remember that they did not live in a pauperised country. Only a few days ago he had read in a Victorian newspaper, of a man having' been taken up at Baliarat for being drunk, and in his pocket was found a draft from Hokitika for LI 100. Men like the prisoner were those who could buy gold watches. Then tbcro was no chain found.- The whole case turns upon the possession, by the prisoner, of the watch for five or six weeks. If it was tin ir irresistible conviction "that the prisoner was guilty, then convict him. If, however, they had any doubt, the prisoner would be entitled to the benefit of that doubt. His Honor overruled the objection raised by Mr Button, and considered the indictment sound. The jury then retired, and after a few minutes absence returned, bringing in a verdict of Guilty. His Honor sentenced the prisoner to two calendar months imprisonment with hard labor, to be computed from the 16th July instant. He understood the prisoner had already been five months in confinemerit. In the case of Antonio Thomas, who was also charged with the above offence jointly with the prisoner, , but who had demanded to be tried by a mixed jury, the Crown Prosecutor said he did not intend to proceed against him. Mr South, who had been been retained on bi half of Thomas, then applied to have the bail bonds discharged, to which his Honor assented. The attendance of the jury de medietale linguos summoned for this case, was dispensed with till Wednesday, at half past one o'clock. HORSE-STEALING. Thoma3 Bray, aged 46 years, was charged with having^ on or about the month of December, 1865, feloniously stolen a marc, the property of John lon. Prisoner pleaded Not Guilty. The following jury were empannelled: — Ulrick Mader (foreman), John Hnckett, Joseph Anderson, Jimes Henry Gibson, Thomas Cowlishaw, Thomas Betts, Thos. Buxton, John Chiffings, John Robert Hudson, Peter Gunn, James Gray, and Robert Cole. The Crown Prosecutor said' that the indictment was laid under the statute 7 and 8 Geo. iv M c. 29, s. 25, by which it was enacted that if anybody should steal any horse, mare, or gelding, he should be guilty of felony. He stated the particulars of the case, and called John lon, who said that he was a miner residing at Maori Creek. He remembered the month of December last ; he was then possessed of a mare branded W under W over the near shoulder. Witness left it in a paddock on the creek ; he last saw it there. On the first day of January last he was in the paddock to see if the mare nas there. He did not find it there. About a week afterwards he searched in the paddockandalongtheTeremakau. Witness had authorised one George Gowling to take it, but he had not done so. Witness next sawit in the hands of the police at Greymoutli, about a fortnight ago. He had seen the mare outside the Court; it was his. It was about the beginning of March when he authorised Gowling to take it. He did not know the prisoner. He never authorised him to take it. JamesSlattery saidtlmt he was a sergeant of police stationed at Hokitika. He knew the prisoner. He arrested him on the 10th March last. After witness arrested the { prisoner he cautioned him. He arrested him at the Otira. On the way to the Kanjeri he asked witness' permission to let him catch the mare which was running on the river bed at the Teremakau, as he wished to ride her up to Hokitika. Mr Alexander also had a mare and witness asked prisoner if he had any receipts to shew for the purchase of the mare. He said he had- none but that he had got the mare from a man of the name of Wilson, residing on the Christchurch road, in lieu of money which he owed to prisoner. Witness then took charge of the mare and handed her to Mr Alexander on behalf of the police. Prisoner said the person from whom he got the nwe was a son-in-law of Mr Grange living at Christchurch. Witneas had often seen the mare in prisoner's possession at Greymouth. Prisoner said he had brought the mare from Wellington overland. The mare is branded W over Won the near shoulder. It is now outside the Court. By prisoner — Whdn I first saw the mare, John Scully, Mr Blake's blacksmith was present, also an overseer named Cooper. I recollect hearing that a person had lost his wav, but I do not recollect you saying that you were looking for him. It was about th* time the Sitting of the Supreme Court last January. John Wilson, deposed that he was a sawyer and carpenter, residing at the Waimakiriri, and knew the prisoner. He saw him in January last. Prisoner was then on the bank of the Teremakau. Ho was in witness' service nearly twelve months ago. Prisoner left in August last. Witness settled up his wages with him, and prisoner drew rather more than what was due to him. Witness did not give him a horse instead of his wages. He had seen the mare outside the Court, it had never been in his possession. He knew nothing at all about it s Witness wa9 married, his father-in-law's name was Granger, and he resided at a place called Little - Race-course ,- Hill accommodation house, on the road to Christchurch. He last saw the prisoner in January last at Alexander's store, Teremakau. He did uot know the paddock. This closed the case for the prosecution. Prisoner called John Keigh, who deposed that he had seen the mare outside. He did not recollect when he first saw her. He remembered seeing the prisoner at Alexander'-B store, ,but cannot say whether he saw the prisoner before he saw the mare. He remembered being with the prisoner one day when he caught the mare. On that day they went to look for some horses and they caught three. Prisoner was stopping at about two miles from the place we caught the horses. Witness never heard prisoner say that the mare belonged to him. He was living on the Teremakau, about two miles from where the mare was running. Prisoner addressed the jury, and said that he was living at Alexander's, at the time he caught the mare. It was very

usual for a man when the river was high to catch any horse that might be near and use it for the purpose of crosßing» He had used the mal*e for that purpose two or three times, but had no intention tif keeping, her! . „ . „. . • „. His Honor iheri Summed up the evidence. He said that the question the jury would have to determine was, whether the prisoner took the horse with a fraudulent intent or not. They would have to contrast the evidence given for the prosecution with the prisoners statement, and see if there was any color of truth in the latter. He then read over the evidence and drew the attention of the jury to the prisoner's statement to the constable. It "would be for them to decide whether the prisoner took the mare with an intention to convert it to his own use or not. The jury without retiring brought in a verdict of Guilty. Prisoner said he did not think the evidence would be so clear against him, but he had no intention of stealing the mare. The prisoner, who had on a former occasion been found guilty of a similar offence, was then sentenced by his Honor for the ■ first indictment to penal servitude for six years, the same to be computed from the 16th July instant. For the second indictment he would sentence him to eight years penal servitude from the 16th July instant, the two sentences to be concurrent. He observed this would in effect add two years to the former sentence of six years. THB GRAND JUHT. The Grand Jury then entered the Court and the foreman addressed his Honor and said that they wished to deliver their presentment. He was anxious to know whether the Crown was ready to proceed in the case of Mr Bracken, as some of the jurors had, under the belief that they would be discharged, made other arrangements. He for one had taken his passage to Christchurch. His Honor said that he was extremely sorry, but though Mr Sale had telegraphed twice he could get no information as to whether the necessary witness had started or not. He could not under the circumstances discharge them. Mr Sprot wished to know if the jury could elect another foreman ;if so he could go, as there would be sufficient I without him. In this his Honor concurred, and asked the opinion of the Crown Prosecutor who saw no objection. Tne foreman (Mr Sprot) then said the Grand Jury would now deliver their presentment, which was as follows : — To his Honor Me Justice G-ees3on — May it please your Honor, — The Grand Jury beg respectfully to thank your Honor for the valuable assistance rendered them by your Charge, in dealing with the important j cases brought before thorn. ! They welcome yom> arrival in Westland, on your second judicial visit to the district. It is a source of satisfaction to them to learn that your Honor sees many marks of progress mado by the town of Hokitika during the past six months — a progress indicating the continued growth of the commercial and industrial interests of Westland. They cannot withhold from your Honor the expression of their disappointment, that the magnitude of those interests has failed to impress the Colonial Government with an adequate sense of the necessity for making more sufficient provision for the administration of Justice upon this coast. When your Honor was last amongst them, the public were encouraged to indulge the hope that your representations, would have led to the amendment of the pre sent imperfect aivangements. Tho Grand Jury trust that your Honor will continue to press the wants of the district upon the attention of the authorities. The most urgent of those wants is the residence of a Judge within the district, to hold quarterly sessions of the Court, and afford to the commercial classes the advantage of a local Insolvency Administration. With reference to the first point, the Grand Jury beg to direct your Honor's attention to | the large number of cases in which prisoners have been incarcerated for several months, awaitiug trial, as a sufficient proof of the necessity of a raoro frequent gaol delivery. To the great injustice of the operation of the present Insolvency systom, your Honor has yourself referred. The Grand Juvy are aware that tho law can only be amended by the action of the General Assembly, and they respectfully rely upon your Honor's continued efforts to promote reforms which are on all hands called for. It is, however, ovident that even the moat perfect law must fail to operate satisfactorily, for the protection of the interests either of debtors or creditors, or for the prevention of fraud, without the presence of a local machinery to carry out its r provisious. Owing to the delays, the complicated processes necessary to be gone through, and the enormous costs involved, the Grand Jury submit to your Honor that it is an indisputable fact that in the majority of cases of insolvency in Westland, creditors are deprived of all practical benefit from their debtors' e3t'ate9, which are virtually reduced to a - nullity before there is any possibility of realising a dividend. Ono patent consequence of this state of things, is the encouragement offered to fraudulent debtors to hold their creditors at defiance, by leaving them no alternatives but tho acceptance of a nominal composition, or the reaort to a machinery which would in all probability yield them still less — if indeed, as has occurred in several cases, they did not find themselves involved in actual loss beyond their claims as creditors upon the estate. The want of a local Curator of Intestate Estates is a source of constant inconvenience, and of very frequent loss to creditors, who possess no security against tho fraudulent disposition, or the waste of tho estates of deceased persons, by surviving partners and others. The Grand Jury beg also to bring under your Honor's notice the want of a local tribunal, for the trial of Civil Causes, within the present extended jurisdiction of the Besident Magistrate's Court, which might afford to 6uitors the guarantees of justice that are offered by the Jury system. By conceding to suitors the right of calling for Assessors to sit with the Magistrate in certain cases, the Bench will be greatly assisted in the discharge of very difficult and responsible duties, and a greater public confidence established in the equity of the judgments given, especially in cases involving intricate questions of maritime and mercantile law.

The Grand Jury desire also to bring under your Honor's notice the urgent necessity that exists for tho appointment of a local Eegistrar of Deeds.

Tho Grand Jury are strongly of opinion that a great economy in tho administration of justice might bo effected by an extension of tho crnniual jurisdiction of the Besident Magistrates Courts, so as to enable them to deal summarily with certain cases of larceny, which under the present Bystem involve a long, and in many instances, unmerited imprisonment previous to trial, and a very uu* necessary expense to the country. As a further provision for the duo and prompt administration of the law, the Grand

Jury respectfully submit to your Honor tho expediency of recommending to his Excellency the Governor the addition df tljeriaales of some gentlemen resident in .Westland to the rol} of Justices of the Peace in New Zealand.: ; • the Grand Jury regret to Have to allude to the fact that not only has your Honor had to deal with a heavy calendar and id pass sentonces of imprisonment upon a large number of convicted criminals, but also that crime of a most unusual and appalling character has lately developed itself on the West Coast of Canterbury and Nelson. "They derive satisfaction from the assurance that these serious offences have not been committed by persons who can be considered as belonging to the real population of Westland. It is notorious that the district has been selected as their field of action, by more than one gang of ruffians from the- Australian colonies and from tho other provinces of New Zealand. Hitherto a remarkable immunity from tho more serious phases of crime has' been enjoyed by this district, and the Grand Jury have every confidence that, as .soon as justice has effectively overtaken the perpetrators of the recent outrages, crime in Westland will be again reduced to its ordinary average. The facts to which the Grand Jury have referred, necessarily, however, suggest • serious misgivings as to the sufficiency of the Police and Prison provision for the public protection, and the safe custody of criminals under sentence. In the discharge, of their, duties the Grand Jury have visited the two jails— the one, which has obtained the name of the log • huts, and the new buildings" now in course of erection on the Cemetery Hill. With reference to the former they have to recommend that a small exercising ground should be set apart and safely enclosed, and that provision should at once be- made for the separation of debtors from criminals, and of lunatics from both, and for the proper accommodation of females. On visiting the new jail the Grand Jury were greatly surprised and disappointed to find that so vory little progress had been made, in completing a work so* absolutely necessary for tie interests of justice and the protection of society. When finished according to the preBent plans, they fear ifc will be very inadequate to- the requirements of the district. Such as it will be, however, they submit to your Honor that it is* imperative that the jail shall be completed without further delay. They found every indication of great, and ad it appeared to them, unnecessary procrastination, and they cannot but express a strong opinion that, at whatever necessary cost, this work should be pressed on. There are many defects in the internal construction and arrangements of the jail, which require to ,be brought under the notico of the authorities under whose direction it is being built, Vhich are incompatible with tho maintenance of a proper discipline over the inmates, the due protection of the officers, and the secure custody of criminals of a desperate character. So far as the circumstances of the case permit the management of the jail appears to be satisfactory. The Grand Jury have again most emphatically to bring under your Honor's attention tile complaint preferred oh the occasion of your last visit, of the utter want of proper aocommodation for them whilst discharging their very responsible duties. Not only do the dimensions of the room assigned them prevent anything like personal comfort, but it is found impossible to protect their deliberations from being overboard by persons who frequent the precincts of the court. They regret that the representations previously made on this subject have not led' to tho provision of more adequate accommodation. The Grand Jury tender this presentment with feelings of the utmost respect to your Honor, and trust that its recommendations will meet with your concurrence. Mask Spbot, -, Foreman of the Granft-Jury. His Honor, in reply, said that they had in their presentment touched upon many topics which he considered of great and vital importance. In the presentment of the Grand Jury at the last Sessions they had complained of the insufficiency in the administration of justice. He had lost no time in making representations to Government, and had then reason to believe that provision would have been made to remedy the evil. It had not been so, however, but he would again lay the matter before the authorities, and he hoped this time with better sue cess. On the last occasion whenhe had represented their grievances to the Government he had been led to believe that a district Judge would be appointed for Hokitika. And a gentleman in every way competent to perform the duties was named; but somehow the matter fell through, and he had heard nothing relative to the subject since. He noticed by the newspapers that the Assembly had lately been considering certain measures for the proper administration of justice.' He was not aware whether these measures had any special re» ference to Westland. He would, therefore, again bring it under the notice of the Colonial Secretary, and hoped it would not, as on the last occasion, be lost sight of. As to the state of the Bankruptcy law he really must concur with them in the view they had taken of the matter. Not only was the operation of the Bankruptcy law' unsatisfactory here, but it was so throughout the Colony of New Zealand. It was especially so here, on account of the Judge residing so far away from the district, and for the further reason that the Registrar was at so great a distance' from the Judge. As to the Magistrate's Court it would hardly come within his province. The appointment of assessors was a question of policy to be dealt with by the Government. They, the Grand Jury, wished for an extension of criminal jurisdiction in the case of magistrates. Their foreman (Mr Sprol) would no doubt remember that he (His Honor) himself had occasion to allude to the great expense in which the country was involved ' in consequence of the limited jurisdiction of the Magistrates Courts. Some amendment of the law in that respect had since taken place, and the -criminal jurisdiction had been considerably extended, although not, it would appear, to the extent desired by the Grand Jury. That, however, wag also a question of policy for the Government to deal with. It was a matter that did not come within his own functions, which were confined to the action of his own Court. In the mat- . ter of the appointment of Justices of the Peace, he would remind them that the Judges were not consulted in these appointments. They were made by vxq Governor, without any reference -to the • Judges. Whatever opinions _he might entertain as to the expediency of consulting on this subject men holding so impartial a position as the Judges of the Supreme Court did, it was not for him, on that occasion, to say anything. He thought this was a matter which might very properly have been brought under the notice of his Honor the Superintendent, on the occasion of his visit here recently. He would, however, take care that a copy of their presentment should be forwarded to the General Government, and also a copy to the Provincial Government, and he had no doubt they would give the matters

mentioned their serious consideration. With reference to the subject of the new gaol he felt bound to express his entire concurrence in the bpinidns expressed by the Grand Jury, as to the delay that had taken place, and the insufficiency of the Accommodation that promised to be avoided by the building now in course Wf ftoiifrtruption. His dwelt upon, the necessity of classification m a penal establishment, and of sufficient arrangements for the safe custody of prisoners. He said he had noticed from the public papers that the General Government contemplated the establishment of a central penal establishment for the colony, to which all long-sentenced men might be drafted. Such an establishment would be too great a work for any single province to undertake, but every province required a prison, to which the same principles of classification might, on a smaller scale, be applied. Debtors should be classified apart from criminals, and there should be provision for the separate classification of juvenile offenders, apart from the contaminating influences of the ordinary inmates of a gaol. He quite believed the buildings now in progress would be insufficient for the purposes for which this district required such an establishment. They had, unfortunately, too rainy evidences of the existence of crime of a very serious character, and these evidences had been confirmed by the unfortunate fcircumstances that had occurred in the Kelson province. Looking at the character of the country as a gold district, it must be expected that criminals of a daring class _ would frequent it, and the necessity could not be overlooked of making proper provision for their safe custody. His Honor referred to the insecurity of the fence enclosing the new gaol, which appeared to him to be of a very unsatisfactory character. He agreed with the Grand Jury, that whatever other demands might press upon the resources of the Government they should all be considered subordinate, to -the necessity of making prompt and effectual provision for the safe custody of desperate criminals. With leference to the custody of lunatics, he reminded them that the case of confirmed lunatics was provided for by the existing establishment at Lyttelton, to which all persons of that character were transferred. He might here express the great satisfaction he had derived from an inspection of the new hospital, which he thought a very creditable institution. Dr Ryley had, however, pointed out the desirability of erecting a building in one part of the hospital grounds, for the treatment of persons laboring under temporary insanity, which was, in the majority of cases, induced by indulgence in drink. He had spoken to Mr Commissioner Sale on this subject, and that gentleman had assured him that it was intended to make some such provision ; but the fact was, many claims of various kinds were pressing upon the Government, who had to consider in what order they should be dealt with. These wants were necessarily numerous in a district which had been so rapidly developed, but he had no doubt that the representations of the Grand Jury would have due weight. His Honor proceeded to express his entire concurrence in the representations of the Grand Jury as to the insufficiency of the accommodation provided for them. He had himself inspected the room set apart for their use, and must say that it was not only inadequate in point of size, but it was also placed in most most improper proximity to the prisoners. He had consulted with Mr Sale on this subject, and understood from that gentleman that more suitable accommodation would in future be provided, and that it was in contemplation to provide a proper apartment. This might not be done by the next sitting of the Court, but at all events a different arrangement would be made, by which prisoners would be removed to a distance from the room in which tbe Grand Jury held their deliberations. His Honor said he thought he had now referred to all the points in their presentment, which called for his notice ; and after thanking the Grand Jury dismissed them, promising to forward copies of the presentment both to the General and Provincial Governments.

As the jury were about to retire, the Crown Prosecutor informed his Honor that Inspector Broham had received a telegram from Inspector James, at Greymouth, stating that the witness expected in this case had not arrived there in either of the steamers; he would therefore send the case to them without him. The Grand Jury then retired. ESCAPE.

James M'Gavin was, during the absence of the jury, arraigned upon a charge of having escaped from custody after having been committed for trial upon a charge of breaking into a house. Prisoner pleaded Guilty, and was remanded.

The Grand Jury now entered the Court, having found no true bill against Mr B-acken. The foreman wished to inform lus Honor that by a mistake in the copying of the presentment a clause had been left out. It was, to point out to his Honor the urgent necessity for the appointment of a Registrar of Deeds at Hokitika. His Honor said he would attend to the matter immediately. - — The Court then adjourned till ten o'clock tbis morning.