SUPREME COURT.—WESTLAND DISTRICT.

West Coast Times, Issue 265, 30 July 1866, Page 2

SUPREME COURT.— WESTLAND DISTRICT.

CRIMINAL SITTINGS.

(Before his Honor Mr Justice Gresson.)

Saturday July. 28. robbery ayith violence.

John Reid was charged with having, on the Ist day of April, 1866, assaulted one John Fume, and stolen from him certain articles.

Mr Button appeared for the defence. The following jury were empanelled : — Satliuel Alcorn (foreman), William Allen, Thomas Prinze, Henry Barnard, Edward Boylan, George Horneck, Alexander Mcc, Henry Elliott, Thomas Back, John M'Beath, John Thomson Love, Robert White.

The case was briefly stated by the Crown Prosecutor, who called . John M'Mynn, who deposed that he was sergeant in the police at Hokit'ka, and saw the prisoner in the watch-house on the Ist April last. He was brought there by constable O'Brien and searched, and on him were found notes and cash (enumerated). The prosecutor was present. By Mr Button— -It was at half- past nine o'clock. The prosecutor did not identify any of tho money. He (prosecutor) signed the charge-sheet.

John Fume deposed that he was a miner at Jones', Rosstown. Ho was at Mr Brunei's, in Hokitika, on the Ist April last. He has known the prisoner ever since that evening. He Avas at Brunetti's with witness. When witness first saw the prisoner it was about nine o'clock. He had some drinks with prisoner, and paid for them. Witness took his money from his cigar case, which he kept in his trousers pocket, to pay for the drinks, and then put it in his pocket again. He believed he changed aLI note. Prisoner was present. Witness had about Ll4 in the cigar case whea he put it back in his pocket. The money consisted of one L 5 note and the rest Ll notes. Prisoner left the Golden Fleece with witness, but he could not tell what time it Avas. Prisoner asked Avitness to go down to Charley Brock's. They had two drinks there, and left and went to some other public-house in Revell-street. Witness and prisoner then went up to the Golden Fleece again, and left again with prisoner and went towards North's, where he (witness) was stopping. On the way prisoner said to witness " Let's have a walk this way.'* They turned into a right-of-way leading from Revell-street towards the beach. There was no one with witness except the prisoner, and as they got near the beach prisoner suddenly made a spring from witness behind him, and he was immediately half choked by a hand put on his throat. This Ava3 done with the left hand, and the right hand was put into his trousers pocket, and the cigar case taken out. At the same time witness heard a voice crying out, " Dear ; oh dear !" as if prisoner had been strangling himself. Witness was let go immediately, and it Avas between four and five minutes before he recovered himself. He then went to Mr Brunetti's house, and from there to the police station and gave information. Witness afterwards went "with sergeant O'Brien and gave prisoner, whom witness had since met in the street, in Witness met prisoner about .700 "yards from the phSe where he was stuckup. He believed the last place where he saw the money in his cigar case was at Charley Brock's. This was about twenty or thirty minutes before he was stuck-up. Witness is quite sure prisoner was the only person with him wnen he was stuckup. Witness was present when prisoner was searched at the station, and believed 1 that about L 7 Avas found on him. Witness could not identify the notes. , By Mr Button — The first time I had seeu the prisoner that -night was at the Golden Fleece. I was sober enough to go along from one place to another in a decent manner. I had my purse nowhere el&e other than in my pocket. Whilst at Mr Brunetti's I did not at any time say I had lost ray money. I had never missed the purse to my knowledge at any time before I left Brunetti's. I never said I had missed it. I don't recollect finding the lid of my cigar case in the breast of my shirt. I remember Mr Brunetti advising me to take care of my money. Mr Brunetti asked me to give my money to my mate or to him to take care of, as I was foolishly showing it in the bar, I had my cigar case out at Charley Brock's. I am not certain whether I said that I could not recollect whether I took the cigar case out there or not. Between Brock's and Brunetti's Aye went into another public house, and I paid for tho drinks there. I really believe I took the money out of the cigar case. My mate has no black marksunder his eyes. (The depositions of the witness at the Magistrate's Court were put in, which showed several discrepancies in his evidence.) When I was attacked I heard the prisoner make a noise which sounded as if he were throttled himself. I don't know whose hand was in my pocket. Henry Brunetti deposed that he kept the Golden Fleece Hotel, at Hokitika. The last witness was in hia house between 7 and 8 o'clock in the evening of the Ist April last. Prisoner was there on that evening with the prosecutor. Fume paid for the drinks with silver. Witness changed a Ll note for him after he had given witness the silver. He took the note from a cigar case. Witness saw in it a L 5 note and some single notes. Prisoner was present when prosecutor displayed his money. Witness cautioned him not to be so careless with it. Prosecutor put the money in his breast. Witness was quite sure of this. Witness afterwards called him into the parlor, and spoke to him, but did not see the. cigar case again. Witness last saw the prisoner and Fume together about eight o'clock in the evening. He left them in the bar, and when he returned they were gone. Witness saw Fume again at about nine o'clock. He said he had lost his purse. By Mr Button — Prosecutor was " tfiree sheets in the wind." (His Honor here remarked that if "scientific terms/ like these were used he must h&ve some one to explain the meaning.) Prosecutor searched his pockets, and afterwards found the lid of his cigar case in his breast, and searching again he found the other portion of it, and some money. By a juror — It was not possible for the prisoner to have been with the prosecutor when he came the second time. Prosecutor was alone, and I opened the door for him.

Charles Reynolds said that be was cook at the Golden Fleece, last April. He knewhoth the prosecutor and prisoner

by sight. Witness saw them both at the bar of the Golden Fleece between- eight and nine o'clock on that evening. Witness said, " Let's go and take a walk to Charley Brock's." Prosecutor said he did not care about going to Charley Brock's, adding that he was " picked up" there before. • Prisoner said, " There's no fear of your getting picked up while I'm with you." and they then left, and another man followed them out. Witness did not see them afterwards. Prisoner was about three parts drunk. He was fresh. By Mr Button— The man that followed them out was a short, stout man, with two black marks under his eyes. He looked as if he had been fighting. The man went out 'directly after them. This closed the case for the Crown. Mr Button addressed the jury for the defence, saying that in his opinion the Crown had not made out such a case as would warrant them in convicting the prisoner. The case rested entirely on the evidence of the prosecutor, and they would pause before they convicted the prisoner on the evidence of a drunken man. They would remember that none of the notes found on the prisoner had been identified. They would recollect tho short interval that elapsed between tho time the robbery was committed and the time the prisoner was arrested, and ask themselves if the prisoner had committed the offence, what could he have' done with tho notes ? The learned gentleman pointed out to the jury the several j drcrepancies in the evidence of prosecucutor, and told them to recollect all the' different circumstances of the case before they brought in a verdict of guilty against the prisoner. He then carefully reviewed the evidence, and said he teft the case in the hands of the jury, who would s,ay whether his client was guilty or not, add,-' ing that if they had a doubt in the matter they must acquit him. No witnesses were .called for the defence. His Honor then proceeded carefully to sum up the evidence, and pointed out to the jury the most important features of the case, telling them that it was for them to say whether or not the suppositions, putf forward by the learned counsel for the 'prisoner, Avere such as to satUfy them that the prisoner Avas not the party who committed the robbery. The jury then retired, and immediately afterwards brought in a verdict of Guilty against the prisoner, who was remanded for sentence.

INDECENT ASSAULT.

Arthur Charles Liardet was charged with an offence of this description. Prisoner pleaded Not Guilty, and was most ably defended by Mr Button. The following jury were empanelled : — John Newton (foreman), Peter de Lofee, John Holloway, • John Dooley, John Thomas Love, John Myers, David Brocklehurst, George Horneck, Henry Barnard, Thomas Gibson, Edward Boylan, and James Sloane. After a long and careful investigation the jury acquitted the prisoner. Upon the jury entering the Court for the purpose of delivering their verdict, a rather remarkable incident occurred. The learned Judge addressed the jury, telL'ng them that " they must have misunderstood him." He hoped they would retire and reconsider their verdict, adding that if they had arrived at their conclusion after careful deliberation he, of course, must receive their verdict ; but he wished them to reconsider it.

One of the jurorsj urors (Mr Horneck) informed his Honor that .they had considered their verdict, and had grave doubts as to whether the . prisoner Avas the person who committed the offence with which ,he Avas charged: upon, which his Honor directed the Registrar to record the verdict, and the prisoner was thereupon discharged.

SENTENCE.

John Reid, who had been convicted on a charge of robbery Avith violence, was now brought up, and sentenced by his Honor to two years' imprisonment, with hard labor,, to be computed from the 16th July instant.

This finished the sittings, and the Court rose.

A sitting in chambers will take place this morning, at half-past nine, in which there are sixteen cases to be disposed of. At eleven a.m., his Honor will hold a sittings under the Debtors and Creditors Acts, in which there are twenty- f our >cases for disposal. The total number of cases, therefore, to be disposed of is forty.