CRIMINAL

Auckland Star, Volume XXV, Issue 237, 4 October 1894, Page 3

CRIMINAL

Restall, charged with poisoning nine men at Patoka Station, Hawko'a Bay, was on September 25th committed for trial. "The evidence of Mr Skoy showed thab there was arsenic in.the stew, which the men' other than Kestall ate, and also in the dust taken from Res tail's trousers pocket. ~' ,i , .„■>,, ~■-...■'.. The charges against Bailey for breaches of the Acbr in absconding from his creditors, were heard at the Wangauui District Court on September 19. The caae occupied two hours. The jury retired for three minutes, and returned with a verdicb of "guilty." Judge Kettle stigmatised the prisoner's conduct. aa disr creditable '-aiid1 disgraceful, and sentenced him to nine-months1 imprisonment with hard labour, « iv, ; ..:x: .„,- .• «i;■;.:.:, Ab the Supreme Court, Invercargill, 'before™' Judge -WiHiams.^in —the" case of Sarah Gregory, •; ;a single woman, the grand jury returned "no bill" on the charge of ~ child- murder, bub a, crue ; bill tor concealment of birth. Richard Daffy, for attempted suicide while suffering train delirium tremens t : : pleaded guilty, .and was allowed twelve months' probation;' • Annie Grior, sixteen years of age, for forgery, gob twelve months on probation. .... . , .. Ab the Wanganui Supreme Courb sitting^ W. Wilson, for forgery of an endorsement, was sentenced bo 9 months' imprisonment; McKenna for forgery of a cheque, two years; Bestford, charged with theft of money, pleaded guilty and applied for probation. Remanded for a week. The Grand Jury made a presentment to the Chief Justice that in their opinion;it would give the public greater confidenco in the proper administration of justice if the tenure of office.of judges and magistrates of inferior courts were made more secure than ab' present. A further presentment was made as to the inadequate and unhealthy state of tho prison cells in the Court building. :■;>:..

Ab the Napier Supreme Courb criminal sessions Roderick McKenzie, ex-industrial school pupil, who has served several sentences, was sentenced, to two years' bard labour for house-breaking. John Clareburb, expressman, . aged over 60, waa convicted on five counts of indeconb assault) upon girls under 14 years of age, and bhe jury endorsed bhesbrong comments ok* Judge Richmond in regard to the state o£ gross immorality disclosed by bho evidence. His Honor said that bub for the prisoner's grey hairs ho would have ordered bhe lash. As ib was ho imposed a sentence of seven years' penal, servitude. E. H, Cooper for falsa pretences gob six months, and F. C. W. Bierre, for embezzlement of Road Board and Formers' funds, two yean.

At the Auckland Supreme Courb September criminal sessions, before Judge Conolly, John Henry Smith was found guilty on a charge of uttering a forged receipt purported to bo -signed "by James Reid, boabbuilder, on the2sth of May, 1894, and was sentenced to twelve mouths' imprisonment with hard labour.—Anthony Bruckard pleaded guilty to a charge that on the 14th of April he stole one gold! watch, one chain, one gold brooch and one pair' of, earrings, of the goods and chattels of Magaret Adams. His Honor said he had a bad report from the Probation Officer concerning prisoner, and sentenced him to 18 months' imprisonment. — William Sharp McCdrmick was •charged with' indecently assaulting two little girls named.Craig al| the Thames. The came prisoner was charged with committing a rape on Letibia Ann Craig ab the Thames. McGormick was found guilty, and was sentenced to 15 years' imprisonment {five years for each offence).—The jury found a Maori, Pango Te Wbareahahi, guilty on a charge of rape on a half-caste girl named Elizabeth Scott, ab Rotorua; The prisoner-was sentenced to-be imprisoned and,kept to.hard labour for five years. — James Palmer and VV? rles Wilson, alias Robert Collier, were indicted that on' the , 29th of June^ at ■Auckland, they did violently and against the. will of Joseph Guy, steal from hia.person 4s 7d in money, and a flute value £2 2s The jury returned a -verdicb of not guilty "'against Palmer: * 'who had pleaded guiltyi was sentenced to nine months' imprisonment with ,bard, labour.-r Jeremiah O'Reilly and Henry Rogers, for a Similar offence, were sentenced lo four years' imprisonment with hard labour. - Great interesb "was manifested;; ab the Auckland Supreme Courb on: Sept.' 14th in the case of-James Beard, who. was charged with manslaughter in connection withW death of the boy Eric HartMcCullough. The case did not last as'long as was-anticipated, owing to evidence being called for, the. defence. .Ifae iurv returned a. yerdicb of v .gm by. His" Honor said : Prisoner, you have Jtad a mosb impartial trial,-and have been defended most ably by the. learned^ounsel who has* jusb, made a mosb,able,appeal to meaa to the sentence to be passed upon you I think ib right to mention that there iV reason to believe that -' before you came to this colony you.-had .be?en carrying -. on, this practice for a lengthened term, and that there were ! circumstances which made ib desirable yon

should leave those colonies. As, however, there is no direct evidence upon that point I shall not take- that into accounb-ia passing sentence, bubl-1-- do take into account the fact) thab assuming yon only commenced irregular practice when you came..'to£ this colony"- you have conducted yourself in a manner which certainly deserves punishment from the Courb when such practice results iivthe loss of lite. I used the term ■'•* impostor " just now and I used it advisedly: I think, and i believe most sensible people with me, that a man who professes • without -previousl'examination of the body to know all thab is going on inside of it, and; prescribes accordingly, oughb nob to be believed, more especially* when ' that man" has t had no medical education. However there •is no question about it, that a man has only' to pretend enoughi and ha will find people who will believe in him. I havo no doubb Mr Cooper could have called iiumberscof people who would have said ''We fulljybelieve in this man." Your own evidence before the coroner is really the strongest evidence against you. You admitted there that you had no medical education," "that you made no examination, and you also admitted that you were ignorant of the action of tobacco when- used in the manner you ordered it* to bev üßed, without any knowledge about the unfortunate boy's condition. You said he was free from organic disease, which waa proved.to be correct by tho post mortem examination. You also said there wore large worms in the boy, which tho'post mortem proved nob to bebhe case. You also said the action of the enema would nob reach the worms, and yob you prescribed this injurious drug in* a quantity which all medical testimony shows must necessarily have caused death. Although' your intentions may have' been as good as possible, still you , wero mosb grossly ignorant, Your'counsel has very rightly urged that under the circumstances and in your position ■■'•'■ a short sentence would be as effective as a long one, and I also bear in mind the recommendation of the jury that you should.be mercifully considered. Mr Cooper referred to my remarks^to the jury that it would be ridiculous to think that a judge would impose an exceptionally severo sen ton co in this case, but these remarks were made on account of the way in which ho pressed upon the jury thab the sentence mighb be imprisonment for life. The sentence of tho Courb is that you be imprisoned for six months. I shall not impose hard labour. In addition, I order also thab you pay the costs of the prosecution.