Tuesday, December 6, 1864.

Wellington Independent, Volume XIX, Issue 2138, 8 December 1864, Page 3

Tuesday, December 6, 1864.

His Honor took his seat upon tho Bench at 10 O'clock precisely.

EKGINA V. ITOHEPAPEBA.

FELONY.

The prisoner an aboriginal native, was indicted for stealing on the sth November, ISj4, horn the person of a man named Te Nahi, the bum of i'l 17s. There was a second count in the indictment charging the prisoner with receiving the money, knowing it to have been stolen.

Mr 1/ard conducted the prosecution, the pri soner was undefended by Counsel,

Mr lzard shortly staled the case, and was proceeding to put in the depositions, when his Honor ruled that they were inadmissible, in consequence of their not being taken down in maori.

Te Nahi, being an unimptised native, was examined as to whether he knew the nature of an oath. He (witness) believed ift the Holy Gospels. he also believed in a future state, and iii tho doctrine of future rewards and punishments. His Honor then allowed the witness to be sworn, — Te Nahi, deposed — 1 live at Otaki. I was at Forirua on the evening of the sth November. 1 slept at Papakowhai. I know the prisoner at the bar. I saw him on the morning of which I am speaking. I slept in a native dwelling. There were about 20 of us Bleeping in one apartment. Etta and prisoner slept nearest to me. Etta was lying before me. Prisoner was lying behind me. In the course of the night my attention was attracted. We were lying awake talking together. "We laid regularly down as if we were going to sleep. I was looking at Etta. There was a large fire. The prisoner put his hand into the right hand pocket of my trousers. '1 hero was nothing in that pockut. I caught the prisoner's hand, whilu it was still in the pocket I said " what are you doing to me V Prisoner said " Thai's all; you have caught me.' 1 I said you are stealing money for yourself. Prisoner said •' Yea," After that I went to sleep. Wneu I wont to sleep in tho evening my purse was in my left hand trousers pocket. There was £ i 17a in the purse. When I awoke, I found my purse in the right hand trousers pocket, buc there was nothing in it. When prisoner put his hand in my right hand trousers pocket, I felt in my left, and found that the money was htill there Pumipi, an aboriginal native, deposod— l live at Porirua. Te Nahi slept in my house on the sth November. I know the prisoner at the bar, he slept there that night. I heard no conversa tion between Te Nahi and the prisoner that night. I heard nothing at night, I heard it-in the morning.

James Hamlin, deposed — I am Native Interpreter. I was present whtm the prisoner at tlie bar was brought before the Resident Magistrate at Porirua. The evidence was not taken down in Maori as I was not directed by the magistrate to do so. < I heard the prisoner make a statement. The witness here repeated tho statement, which contained an accout of tho prisoner's proceedings on the day of tho robbery, and a denial of his guilt. Cross-examined by prisoner — You sail that Te Nahi was intoxicated.

Te Nahi, recalled— By the Court— l had not drunk much that night. Neither lor the others were drunk.

His Honor then summed up, and tho jury found the prisoner guilty of an attempt, to commit larceny.

A .Native Assessor was examined as to character and gave the prisoner rather an indifferent one.

His Honor sentenced ' the prisoner to six mouths' imprisonment.

Regina v. Ruou Puicb, STEALING.

The prisoner. Hugh P.iee, was indicted for stealing on tlie sth of Ooiob<sr, from Richard Bycroft, a camera, stand, and lenses. <

Mr lzar.i conducted the prosecution, the prisoner was uudefeuJe.l uy counsel. Mr Izard stated tho case to the jury, and called the following witnesses :

Aon Bycrol't, deposed,— l am a married woman. My husband's name is Uic-.ard. 1 know tho piisoner at the bar. He cama to my house on tlie 16th October. He said Ho had brought ineu few more pictures to look at. prisoner ia a Photo.

0 graphiat. My husband had a camera. My huss band had allowed tho prisoner to use it on our j premises. Prisoner asked me if I would lend him . the camera to take a picture or two. Ho asked t if I had the island handy. Ha said ho had not t brought my pictures, l.ut that hi-; brother was . coming up, and he would tiring them. Ifo first asked for the stand, and then lor thu two dark slide-vuidsaiil I cm take two pii.'f.uresutonee I gave him tlie cnniL'iM ritiitid anil Mi'los at the door. 1 t thought iim was £oiji_> to use then on the premises sixain. iSi.'ilhur lie nor 1 snld anything about, where he was going to iuo tliein. \ lmvo not asked him to return iliem. 1 have not seen the prisoner since , Cross-examined by the prisoner. — I lent the L cunera to you, and did not *ny when you were to 1 return it, (or 1 thought you would not lake it oil" the premises. f ltichard Bycioft, deposed. — 1 am the husband of the last witness. I know the prisoner, I had r some conversation with the prisoner about my I camera before the l-sth of October. 1 spolce to him about taking views, told him 1 had a camera, ( and hueanie in to my place to see it. He asked me if I wante Ito sell it. 1 said I did not care ; that I had asked Mr Fiuherheit £10 for it, but as he only wanted tho camera without the priming press, I said he mi-ht have it for JEB. Ho took some views that afternoon. Cross-examine I by the prisoner, — I remember meeting 3-011 on the day in question. You had a 1 camera on your buck. You took a view ol my j place with my camera. I said you could take as j many views as you liked, only that I would not I pay you as I hail a camera of my own. j John PliinniLT deposed. — I am a timber mer- | chant residing in Wellington. I know the priJ sonor at the bar. In the month of October the prisoner was occupying premises of mine on the hill as a photogiapher. He left my premises on the l«th or 19th October^ Tnere Were two persons calling themselves Price Brothers. Tho other appeared a little old n\ They gave me no notice that, they were about, to leave, I had an agreement in writing with them for the premises. They both went away without notice, leaving some money due to ma. 1 left the place for a fortnight, but seeing that they had left no instruments behind them but a few buckets, I entered the premises. They slept on the premises, but lived at an hotel close in front of them. A memorandum of an agreement was put in and read, showing that Price Brothers had taken hi* premises for a period of two years, for the sum of i'OO a year. They paid £20 and no more. Frederick Atehe^on. deposed, — I am Inspector of Police. On the 19th October I received information relative to the prisoner. I went up to the premises with MrPlimmer, formerly occupied by them. They were not there ; the house was empty. I made further enquiries. Some day 9 after I got n warrant for their apprehension. I had been looking out for f hem in the meantime, and in consequence of some information despatched a man after them, and he was brought back by the steamer. Cross-examined, — The warrant issued for your apprehension was not for the camera. George Billmau. deposed, — 1 am a livery stadia keeper in Wellington 1 know the prisoner at the bar. I recollect the steamer that he went away in. I saw prisoner's brother, and I gave information immediately after to .Mr Atchcson. F. Atcheson. recalled, — I received information from Mr Billman relative to tlio IVico Brothers going away in the steamer on the 19th October. This closed the case for the prosecution. Tlje prisoner said that he had received the loan "of the camera unconditionally ; that he had never been applied to for it, or he would return it, but he had it with him, and would return it as soon as this trial was over. His Honor thon summed up, and the jury, after mature consideration, returned a verdict of larceny. Inspector Atcheson stated that there had been other charges against the prisoner. The broiler had left Tarunaki. Sentence, twelve months imprisonment with hard labor. Rkgixa v. Richard Ralph. CATTLE STKAMNO. The prisoner, Kicuaid lUlph. wasinlicted for stealing a part of the carcase of a cow, A si'cond indi"tmeut charged tne prisoner with receiving 11 hide of a cow knowing tne same to have beon stolen.

The ptisoner was acquitted, there tint being sufficient eviiltiiiee to identify the hide. This case closed the criminal sit tin S.