SUPREME COURT.

Gisborne Standard and Cook County Gazette, Volume II, Issue 278, 26 March 1889, Page 2

SUPREME COURT.

The Supreme Court was opened yesterday, (in McFarlane’s Hall), before Mr Jostioe Richmond. THB JUBIXS. The Grand Jurymen were as follows: —W. K. Chambers (foreman), A. C. Arthur, A. H. Beatson, W. Black, P. H. Bourke, G. Bruce, C. P. Davies, F. Dufaur, J. East, W. P. Finneran, H. Lewis, J. W. Matthews, A. B. Newman, H. M. Porter, W. Smith, C, J. Shaw, A. Skillicorn, A. Somervell, O. Stevenson, J. Thomson, j. Thompson, J, Townley, and J. Warren.

The Grand Jury brought in true bills in all the cases.

Mr W. 8. Greene acted as Interpreter to the Grand Jury, and Mr Jones to the Court. The following common jury was sworn : — M.Todd, O. Peterson, G. Pitcher, J. Campbell, W. Knights, A. Knox, W. Morgan, N. File, F. J. Oatridge, J. Longley, J. Tutchen, F. J. Maguire, M. Morgan, B. Bowes, R. J. Reynolds, W. C. Walsh, B. Higgins, J. McKenzie, G. Foster, M. Jennings, W. Fox, B. Colebrook, G. F. Butt, C. H. C. Webb, W. Adair, 8. B. Hare, E. J. Beresford, 8. Stevenson. H. McKay, B. Turnbull, C, Gray, R. P. Bourke, H. J. Bushnell, J. B. Cook, and G. A. Farmer. The Judge said that it was decided not to take Haira te Piri's case until Tuesday. The Judge instructed the Clerk to serve a summons on A. O’Meara, clerk, who had not answered his name, asking him to attend this morning to show cause why he should not be fined. HOBSK STIALINO. Petera Paikea pleaded Not Guilty to a charge of stealing a mare, the property of G. N. Williams, of Waipiro. Mr Kenny appeared for the accused, and Mr Nolan prosecuted on behalf of the Crown. The following are' the jury :—G. F. Butt (foreman), R. Bowes, G. Pitcher, R. Turnbull, W. Adair, J. Longley, W. Morgan, 8. B. Hare, J. Campbell, M. Todd, N. File, J. McKenzie.

Thomas Steele deposed that he was overseer on the Waipiro station. Knew accused, who was employed from January to April, 1887, on the station, packing grass seed. He was riding a horse of Williams', branded like a diamond on the near shoulder and TK conjoined on near rump. From April to December Ist, 1888, he (witness) had lost sight of the horse, until Constable Ryan returned it to him. He had charge of the horse and did not sell it. By Mr Kenny: Went away on a holiday on the 22nd April, and returned in May. When they were mustering the horses in the winter time, he missed the mare. He could not tell when the mare was missing; it might have been gone in April; he could not tell. Hirini Tawara deposed that he lived at Tokomaru and knew prisoner. Have seen the aoomed riding the horse, which has been already described by the last witness. The horse’s name was “ moleskin. ” He had spoken to Petera about the horse and asked him (aooused) where he got the horse. Prisoner replied saying that he had bought the horse from White's barman for £2. Had seen prisoner riding the horse several times. The accused was his son-in-law.

Aperana Kopua gave similar evidence to that of the last witness.

H. J. Cannon deposed that he was manager at White’s store and hotel at Waipiro. He had never sold the aooused a horse. W. H. Ryan, constable stationed at Tologa Bay, deposed that he had arrested the prisoner on the Ist December, 1888. When arrested prisoner said he had heard of the charge that was laid against him, also adding that he intended to find the horse and if he was not successful he would get Mr Williams another horse. He further stated that he had seen a native named Renata riding the horse at Tokatnaru last winter. He (prisoner) told Renata that it was Wallis’ horse and he should return it at once. The brand on the mare was very faint. By Mr Kenny; The prisoner said tbat Renata told him be had taken the horse in mistake and intended to return it. Thomas Steele, recalled: Never received any letter from the prisoner with reference to the mare. Valued her at £3. Mr Kenny then addressed the Court at some length. The only point he considered as evidence against the prisoner was the etatement of Cannon that he did not sell the horse. The native might possibly have made some mistake in saying that he had bought the horse from Oannon. The other part of the evidence was quite consistent with the prisoner's statements. His Honor did not consider the present charge oould be governed by the oases cited by Mr Kenny, It was the general rule in this colony that any person having a horse oould nearly always produce a receipt or state definitely when he bought the horse. The prisoner could not be in possession of a horse and not know where he got it from. No one swore that he had seen the prisoner take the horse, the only evidence being that it was found in his possession. The jury, after a short deliberation, returned a verdict of Guilty. The prisoner then made a rather lengthy statement, in which he accused a Maori named Renata of stealing the horse.

His Honor sentenced the prisoner to twelve months’ imprisonment in Napier gaol, with hard labor. INDECENT ASSAULT, Henare Kohure pleaded not guilty to a charge of having indecently assaulted a Maori girl seven years old. The following jury was sworn in:—G. F. Butt (foreman), W. Knights, 8. Stevenson, F. J. Oatridge, H. J. Bushnell; E. J. Beresford, R. Colebrook, J. Tutchen, M. Morgan, G. Pitcher, W. Morgan, and R. P. Bourke. After having questioned the little girl, His Honor intimated that she could not stand the usual examination and he could not therefore allow her to be sworn. That was the present law and he could not alter it, but it was to be hoped that this case would cause the law to be immediately altered. The Crown Prosecutor would have to rely on the other evidence. It was nothing more or less than the formality of an oath. The law provides that a parson intending to give evidence must have some slight knowledge of an oath; the girl, however, did not appear to have any idea on this point, and it would be absolutely absurd to have her sworn. He expressed regret at having to reject her evidence. Mr Chrisp defended the prisoner. _ A number of witnesses were examined, but the evidence is unfit for publication. - The jury brought in a verdict of Guilty, and His Honor then sentenced the prisoner to three years’ penal servitude.