SUPREME COURT.

Gisborne Standard and Cook County Gazette, Volume V, Issue 646, 13 August 1891, Page 3

SUPREME COURT.

TUESDAY. The Court resumed at 10 in the morning, when it was arranged that no civil business should be taken that day, the case of Rees v. Barker to come on on Wednesday morning. A SINGULAR CASE. More than ordinary interest was attached to the charge against a Coast Native named Te Pono Huahi, of wi fully killing a horse. Accused pleaded guilty. Mr DeLautour, on his behalf, mentioned that prisoner had a cultivation of maize on which he depended for sustenance, and there appeared to be some usage creeping in by which natives thought they cou'd destroy any stock damaging their property, prisoner having given notice that he would shoot animals that trespassed on his crops. In shooting this horse there was no doubt it was done in a moment of irritation at his crops on which he depended being destroyed. He had in his hand a memorial from a large number of natives and Europeans of good standing, bearing high testimony to the prisoner's good character. The prisoner had made no denial concerning what he had done, and it was clear had acted—no doubt wrongly—in pursuance of what he supposed to be bis rights. His Honor said he had no donbt on reading the depositions that that was the fact, that the man found the horse on bis property and shot it, He might nave been ignorant that be had no right to do so, though of course everybody was supposed to know the law, Maoris and all. In reference to the Probation Officer be would consider it bis duty to report to the Minister of Justice the peculiar position of things here. The former Gaoler had been the Probation Officer, hut since his connection with the office of Gaoler had been severed no other appointment of Probation Officer had been made. The present Gaoler made an oath that the prisoner had borne a good character. Mr Nolan : I won'.d suggest this, that if the prisoner is to be let out on probation he should pay the cost of the action and the value of tbs horse. He offered to pay the money to the Justices, Mr DeLautour; The informant offered to withdraw the information, compensation being all he desired. Hie Honor raid he had no power to order the payment cf compensation. What would the costa of prosecution likely to amount to ? He had on one occasion ordered costs in a ease, and to his surprise afterwards found be had ordered the payment of £5O, which he would certainly not have done had he thong’ot t would be so much. Mr Nolan said the costs in this case would be about £33. Mr DeLautour suggested that it might be better to give a nominal sentence, which would also act as a warning to other natives that they had no right to destroy animals in such a way. Mr J. Walker, owner of the horse, deposed that the value was £7. He did not think it had been shot out of malice. His Honor: The prisoner will be admitted to probation for six calendar months, to report himself monthly at Awanui, and pay £lO towards the cost of prosecution. A HARDENED BASCAL. John Thomas Whyte (with numerous aliases) was arraigned on a cherge cf stealing a horse owned by Mr G. Scott. The prisoner seemed to enter into the proceedings with a light heart. When aeked whether or not he was guilty, he exclaimed Not Guilty, in a sharp, emphatic way that caused a laugh in which he himself joined. He was not represented by counsel. When challenging jurors whose names had been drawn, he would do so jiuntily, with a snappy "No 1 Sir 1 ” that he added effect to with a smile, which also made those in Court smile. He challenged Messrs Sullivan, G. P. Bhaw, and D. P. Cameron, and the Crown Prosecutor told Messrs Harrop and Fisher to stand by, The following jury were empanelled : Joseph Price, G. Haache, Adam Knox, Joseph Hamon, L, Mclntosh, A B, Newman (foreman), A. Hiid, Walter Jennings, James Waldvogel, John Barrington, Alfred Gillice, J. M. Smith. Mr Nolan briefly opened the case, and then called Mr Scott, who gave evidence as to prisoner borrowing the horse from him on the pretence that he was ill and wanted to go into town to see a doctor. The evidence of Messrs King and M. Hall was conclusive. Prisoner had represented to Mr Hall that be was anxious to sell the horse because it had thrown him, and Mt Hall had eventually arranged a sale to Mr T. King for £7 JOs. A verdict of Guilty was returned by the jury after short deliberation. The accused appears to be a regular ’* gaol-bird," and His Honor, in passing sentence, said it was bard to know what to do wirh such a man. He sentenced prisoner to fire years’ penal servitude. The prisoner pleaded guilty to a charge of false pretences by which he had imposed on the kindliness of Mr Cooper, proprietor of the Tiniroto Hotel. The sentence on this charge was three years' penal servitude, but to run concurrently with the other sentence, so that it really does not count. ANOTHER BAD CHARACTER. The notorious Hohepa te Peri (a Coast native whose name will be well remembered through its connection with the proceedings 1 in the Pook murders) was arrainged on a charge of stealing £7lBs from another native, and also with escaping from the custody of , the police. Accused pleaded guilty. Sergeant Villers gave an idea of the bad character which the prisoner bore on the Coast, and it was shown that many other Convictions had been recorded against the man. The prisoner was sentenced to 12 months’ hard labor in Auckland Gaol for the larceny, and three months' hard labor for escaping from custody, the sentences tc be cumula. t|ye,

DESPATCH OF BUSINESS. The criminal business was concluded at 12.30 and the Court adjourned until next day. Thus the criminal business was transacted in less than a day and a half, of which one case took two-thirds of the time.

CIVIL BUSINESS. The Court resumed yesterday morning at JO. BEES AND DAY V, PERCIVAL BARKER. This was a new trial of the case heard at the previous sitting of the Court, arising out of an assignment of certain bills of costs from Ward and Cresswell. Mr Cooper repre. seated the plaintiffs, and Mr DeLautour, with Mr Bievwright, for the defence. His Honor mentioned that though this was a new trial, on the agreement of both parties, he found that he was wrong in respect to the reason for giving a new trial, and he expressly pointed this out so that it should not be taken as a precedent. The rule gave nine grounds on any one cf which a new trial might be granted, but His Honor must be satisfied that the grounds shown were sufficient. The parties to an action might be willing to have a new trial, both on different grounds, but he might hold that neither ground was sufficient. In future cases, whether the parties agredd or not, he must be satisfied that the reasons urged were sufficient to justify a new trial. The following jury were sworn Joseph Hamon. Geoige Williams, William Cooper, Alexander Hird, Alfred Gililce, J. W. Wade, g. J. Winter (foreman), W, Baty, John Barringtdn, J. M. Smith, James Waldvogel, B. Ibbb, The plaintiffs' counsel challenged Messrs A, B. Newman, McLernon, Walsh, J, 0. Dunlop, A Graham, and the def-nee unailenged Kesers Caldwell, A. Knox, D. McLscd, Duenhanr end G. P, Shaw. 'Mr Cooper, in opening the ease, mentioned that it had teen agreed to accept Mr Ward’s gvidence, he being absent from ths colony. The evidence of Messrs W. L. Reas and Lincoln Rtes was taken for the plaintiffs, and that of Mr Ward was read. Mr DeLautour eaid he would not call evidence, and thus reserve the right of Up'/■sir Ucojser said he could not have that right noW, as he put in dosuments when Mr Ward was giving evidence. His Honor upheld this, and Mr DeLautour then stated hi« Cass, after which he called Mr W. D. Lysoar, that being the only Witness,

At 4 35 it was agreed to alj urn until 10 this morning; counsel meanwhile to try and agree upon the issu« s to be submitted, subject to His Honor’s approval. Mr DeLautour then suras up the evidence, Mr Cooper replies, and His Honor Bums up and directs the jury. Tbe next case is at presant set down for 2 this afternoon.