SUPREME COURT, CHRISTCHURCH.

Lyttelton Times, Volume XX, Issue 1131, 12 September 1863, Page 5

SUPREME COURT, CHRISTCHURCH.

(Before his Honor Mr. Justice Gresson.) SUMMARY OF THE CRIMINAL CASES. Septembeb 1. The judge having delivered his charge to the grand jury, in which he touched upon the increase of crime in the province, as shewn by the calendar, the want of gaol accommodation, alid the inefficient state of the Town Hall for holding the sittings of the court, The first case called was one against John Williams, alias Frederick Warner,, for obtaining goods under false pretences from George Boggis, a saddler in Christchurch. The prisoner pleaded guilty, and was sentenced to three months' imprisonment. John Pledge was charged with stealing a £5-note from a ship's carpenter named Andrew Mun; but the evidence being insufficient the prisoner was acquitted. Septembeb 2, Helen Marks was indicted for stealing a shawl, the property of her master, Mr. White. Tne prisoner admitted taking the shawl, but with no felonious intention. The jury found her guilty, and she was sentenced to four months imprisonment. John Jones was charged with obtaining goods upon false pretences from Mr. Bethel Ware, a mercer in Christchurch. The prisoner pleaded guilty, and was sentenced to three months'imprisonment. Thomas Taylor, a seaman, was indicted for having committed an aggravated assault upon a man named William Burke. The two men had been drinking together during the evening of the 16th August, and whilst walking in one of the streets of the city the prisoner lost, as he supposed, a sum of £45 from his pocket, and suspecting his companion had stolen it, commenced almost brutal attack, leaving him in a state of insensibility. On the prisoner's apprehension, the money was found upon him, having slipped through a hole in his pocket to the lining of his trousers. He was found guilty, find sentenced to twelve months' imprisonment. Henderson Gordon was indicted for shooting certain pigs, the property of Harry Kenrick, at Oxford. The case not established, and the prisoner was acquitted. John Allinson, a traveller in the employ of Messrs. Stringer and Co., was charged with embezaling money received on account of the firm. The prisoner had been sent out on business for the firm, and had received £20 from Frederick Bean, a storekeeper at Rangiora. When the prisoner returned he was unfitted for business from intemperance, wiid failed to account for the £20 he had. received onhis employers' behalf. When interrogated by a member of the firm about it he said he had lost the money. The jury, taking a lenient view of the case, acquitted the prisoner. Septembeb 3. James Proctor was charged with three offences, one for escape from gaol, the second was for larceny. He pleaded guilty to both, and was sentenced to three months imprisonment for each offence. On a subsequent indictment he was charged with horse stealing, but the jury found a verdict of not guilty and acquitted him. Patriok Keano was indicted for stabbing a man named Robert Harris. The prisoner pleaded not guilty. It appeared from the evidence that the prisoner and Harris were drinking in the White Hart Hotel in Christchurch, and during a quarrel he stabbed the prosecutor in the side,, with a sword-stick. The jury found the prisoner guilty, and the judge sentenced him to six months' imprisonment. Michael Burke was indicted for obtaining goods on

i false pretences from William Walker, a shoemaker at | Lyttelton. The prisoner went to Walker's shop and represented that he was authorised by his master, Joseph Price, to get a pair of boots and place them to his account. Mr. Price stated he was aware the prisoner wanted boots, , but he never authorised him to get them on his account. The jury acquitted the prisoner. September 4. Alexander Baine Gillis was indicted for embezzlement. Found guilty, and sentenced to 10 months' imprisonment. George Shadbolt was indicted for stealing £6. Found guilty, and sentenced to six months' imprisonment. John Richards was indicted for breaking into a dwellinghouse, at Kaiapoi, and stealing a pair of pistols, and other articles, on the night of the 28th August last. The prisoner was detected in the act, and the jury found him guilty, he was sentenced to two years' imprisonment. Alexander Frew, a saddler, was indicted for stealing a quantity of goods, the property of his master, James Wood, a saddler in Christchurch. The articles were found in a box in the prisoner's house, and were identified by Mr. Wood. The defence was, that the articles in question were brought by the prisoner from Belfast, where he had been in business as a saddler, but this failed to convince the jury of the prisoner's innocence, and he was found guilty, and sentenced to 12 months' imprisoment. George Lumley, a laborer, was placed at the bar, under an indictment for the murder of Cornelius O'Connor. The facts of the case are as follows: —On the 10th July lost, the prisoner was at Mason's Hotel, at the Washdyke, Timaru. There were also there at the same time, the deceased, Cornelius O'Connor, a lad named Whittaker, a man named MacMahon, and the landlord of the house. At night, betwixt 10 and 11 o'clock, the parties retired to bed, the prisoner being placed in a room adjoining one occupied by Whittaker, and O'Connor taking the next apartment. There was no angry altercation between the prisoner and the deceased previous to retiring to their several bedrooms; but soon afterwards Whittaker heard the prisoner approach deceased's bedroom, and some words passed between the two men as to a sum of money. Deceased told Lumley to go to his own room, and the latter replied he could not get there, upon which deceased said he would shew hiin, and then took Lumley by the -shoulder, and tried to put him out. This was heard not only by Whittaker, but also by MacMahon. At that moment deceased was heard to cry out "He has a knife," and Whittaker saw Lumley take O'Connor by the shoulder and stab him in the belly. Twp other stabs were also inflicted, and it was shewn by evidence that not only the first stab in the abdomen, but one of the other two, were sufficient to cause death, both being mortal wounds, that in the abdomen especially so. MacMahon saw the knife in prisoner's hand, when close to the deceased's belly; and his evidence, together with that of the lad Whittaker, was sufficient evidence that the stabs from which O'Connor died had been mflcted by the hand of prisoner. This was the case for the Crown, and the prisoner's council, while admitting the stab being inflicted by the hand of the prisoner, denied that he had any malice aforethought. The deceased had used insulting expressions towards the prisoner, and accompanied them with a blow, a push, and also commenced dragging the prisoner bv the neck; it was not till then that the prisoner, in fear of his life, inflicted the wound that resulted in the death of O'Connor. The Jury, taking into consideration the amount of provocation, returned a verdict of manslaughter!; and the Judge sentenced the prisoner to three years imprisonment with hprd labor. September 8. John Thompson was indicted for having stolen four sheep, the property of James Jeffrey of Kaiapoi: It appeared that the sheep in question had strayed from a drove, and were taken possession of by the prisoner, who killed one of them that was overdriven. There was no evidence of concealment on the part of the prisoner, and the jury acquitted him. Charles Madden was indicted for peijury, and sentenced to one year's imprisonment. This closed the criminal cases.