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12 corrections, most recently by peter-macinnis - Show corrections

Supreme Criminal Court.

SATURDAY, JUNE 10, 1826.

George Page was indicted for stealing a quantity   of primed cotton, the property of Mr. John Charlton, Master of the brig Lord Rodney, in

December last.

It appeared in evidence, that both before and after the time when the property was stolen from the ship, the prisoner was in the frequent habit of being on board. That some time after the robbery, and before any suspicion fell upon the prisoner, Captain Charlton saw a woman named Johnson,  

in the street, wearing a new dress of a pattern,  

which, from its peculiarity, he at once recognised to be the same as that which he had lost. He

immediately instituted an enquiry, when the woman   stated, that she bought it of the prisoner, in con- sequence of which, a search-warrant was obtained, and in his lodgings were found some women's dresses already made-up, and others merely cut out, but all of the precise patterns of the print which had been stolen. The prisoner, on being questioned, gave different accounts as to the man- ner in which he became possessed of the property ; at one time stating that he purchased it in the Market-place, and at another, that it was brought to his house for sale by a black man. His HONOR in summing up the evidence, observed, that had the case rested solely upon the testi- mony of Captain Charlton, and his identification of the property, a possibility might exist of his being mistaken; but there was other strong cir- cumstantial evidence against the prisoner. He was found in possession of the property, and the duplex and irreconcileable accounts which he had given as to the mode in which he became pos- sessed of it, certainly gave rise to that presump- tion of law, that a person who was found in possession of the goods of another, and failed to render a satisfactory account, came by them dishonestly. The Jury returned a veidict of Guilty.-Remanded.

John Boyd and Henry Drummond were in dieted for stealing seventeen sheep, the properly of the Crown, at Moreton Bay, on the 20til of January last.

The prisoners were stockmen, at Moreton Bay, and absconded from thal settlement, taking with them a number of sheep. On the circumstance being made known to the Commandant (Captain Bishop), a constable and some soldiers ivere sent in pursuit, who tracked the prisoners for some distance through the bush. They, however, after- wards lost all traces of them, and relumed to the 'settlement, and for a considerable time after no tidings were had ol' the prisoners; when one night an alarm was given thal robbers were attempt- ing to rush some sheep from the folds ; constables and soldiers immediately hastened to the spot, and apprehended the two prisoners, who, it appeared, bad returned to the settlement in the hope of pro- curing a fresh supply. On being brought before the Commandant, they confessed having made away with the former sheep, and also Hut their object in returning was to obtain more. On the trial, however, they pleaded not guilty, and stated,

that their former confession was made with the view of escaping corporal punishment at the seulement, and of being forwarded to Sydney, where they could have a fair trial. Guilty.-Ru

manded.

Samuel Powell was indicted for stealing a dollar anti a dump from the person of John Smith, on ihe 3d day of June.

John Sruilh deposed, that on the 3d of June, ¡n the day-time, he wa3 in a state of intoxication, and fell asleep on the steps of the Australian tap, in George-street ; he had some money in his pocket at the time ; knows the prisoner, and has frequently told bim and others of his acquaintance to take care of his money for him when he got

drunk.

David Brick was passing by and saw the prisoner take a small bag, containing money, from the jacket pocket of tile last witness and put it in his bosom. Sutland, the constable, was at hand at the time and took the prisoner into custody; the prisoner   slated that he was merely .taking the money to keep for Smith ; it was in the middle of the day and in presence of many people.

His HONOR observed, that no case whatever appeared made out against the prisoner. The   transaction took place in the open day, in presence

of several persons, and from the evidence of the prosecutor himself, who acknowledged that he was in (lie habit of requesting his Bacchanalian friends to take care of his money when he got drunk, it appealed thal the prisoner was merely com- plying willi that request. The constable, how- ever, p.ctcd right in taking bim into custody. Not Guilty-Discharged.

Sir WALTER SCOTT is deeply engaged in writing

a life of NAPOLEON BON APARTE.

We see the Monitor, in several instances, too closely imitates his opponent, and our dearly beloved old friend and acquaintance, the Austra- lian. To illustrate this assertion, we would only niention the circumstance of his using the word " Convict"-a term which is no way acceptable to the Colonists generally, and can be dispensed with by the Editor, whilst there's such a good substitute to be found in Johnson as that of prisoner. The other word we know is correct-.but then indepen- dent, or pretended independent, Journals, should

not offend their Readers.

Mr. Wilson, of Upper Pitt-street, one of the ex publicans, has succeeded in bringing the gas-lights to perfection, upon a small scale. His house was lighted up, for the first time, on Monday evening. This is another proof of what can be effected by industry, honesty, and perseverance. Such Co- lonists as these may always calculate on the encou- ragement and protection of a discriminating Go-

vernment.

The native prisoner, now confined in the gaol, on the night of his arrival, when brought to the door of the cell in which he was to sleep, betrayed considerable fear, frequently criyng out, "nar-   rang gungeor," mingled with various other ex- clamations, concluding with a doleful but plaintive song. He was much more calm the next morn- ing, though sullen, when he found himself kindly treated by a few individuals, although previously terrified by the harsh and discordant cries of the prisoners generally. - Little could be elicited from him (in the absence of any person who could understand his language), except the denial of causing the death of the white man, which he stated thus:- "Baal me him pial, me him patta."

"I did not kill, but I eat him."- He has become more tractable since his shackles have been re- moved, and he has been since kindly treated; and talks much of the gentleman who ordered the irons to be taken off, signifying his feelings by lifting up his eyes, and rapidly striking his tongue against his teeth.-His voice has much feminine softness, and his actions partake of gentleness but evidently not the effect of fear.-The hominy offered him was at first devoured with the fingers, but perceiving a spoon used, he motioned for one, and having received it, indicated great pleasure.

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