SUPREME COURT.

Auckland Star, Volume XXVIII, Issue 210, 10 September 1897, Page 8

SUPREME COURT.

THURSDAY.

CRIMINAL SITTINGS

(Before His Honor Mr Justice Conolly.) Theft from the Person. —Michael Kelly and Thomas William Davis were in- ] dieted that on .Sunday night, July 4th | last, at Cox's restaurant, Queen-street, they did steal from the person of Margaret Leonard, the sum of ISs in money. Both prisoners pleaded not guilty. The circumstances of the theft were narrated in our report yesterday.—After we went to press, further evidence for the defence was heard on behalf of Davis. —In cross-exam-ination by Mr -Tole, the witness John James Lee, called by Mr Jackson Palmer, on behalf of the prise/ncr Davis, admitted having been imprisoned at Palmerston North and Otaki.— On behalf of Davis, Geo. Sandbrook also gave evidence. He deposed that he belonged to Karangahake, but he was working &t "The Dive" about the time of the occurrence. He stated that he was in Cox's on the night of the 4th July. When Miss Leonard screamed for Mr Cox that she was being robbed Davis was sitting at a table. Davis never went in the kitchen. The other men in Cox's were strangers to witness. —In cross-examination by Mr Tole, witness said that Kelly may have been present. He had never seen the man in his life. He did not know the men who rushed out of Cox's that night. Witness was dismissed from "The Dive" after this occurrence. Witness admitted serving sentences for various oil'ences in Wellington. lie also admitted being a stowaway from Christchurch in August, 1804. Witness also admitted he was only three months ou& of gaol when this occurrence took place.—Prisoners did not give evidence on their own behalf, hut Mr Palmer addressed the jury on behalf of Davis. —Mr Tole replied.—Kelly did not call witnesses or address the jury.— —His Honor then summed up tlie whole of the evidence at length.—The jury found Kelly guilty, and Davis not guilty.— Davis was' discharged. — On Saturday last the prisoner Kelly was found guilty of having assaulted and robbed Benjamin Dewsbury on July 4th.— Chief Detective Grace was called and examined as to the accused's past record.—His Honor said he regretted to see a young man like prisoner, healthy, strong and intelligent, taking to a criminal mode of getting a living. The case which was heard that day was bad—assisting in robbing the young woman in that ruffianly manner, —but His Honor looked upon it as a very light one compared to the one of which prisoner was convicted on Saturday last, in which the brutal practice of garottingwas used. His Honor was determined, if he could, to put down the crime, which seemed to him to be so prevalent of late. Such desperate characters, who assaulted men and used brutal violence towards them, must be severly punished. Upon each of the charges prisoner would be sentenced to four years' hard labour, sentence to run concurrently. TO-DAY'S PROCEEDINGS. Theft of Kauri Gum.—George R. ; Hamilton, a hals-caste, found guilty on a previous Court day of the theft of 20 sacks of kauri gum, the property of two Maoris residing at Herekino, was brought up for sentence.—Mr Houghton, on behalf of prisoner, asked that he be treated leniently. Be pointed out that he only had one arm, and that already he had suiVered three months' incarceration. He thought the prisoner might be able to return the £40. — His Honor said it was a bad j case, but there was no previous convic- ! tions against prisoner, lie ordered that | prisoner be admitted to probation for twelve months, provided that within I three months he refunded the £40. _ His | Honor pointed out to prisoner that if he I did not comply with the order he would be ( brought up at tlie end of the three months j and dealt with. I A Stabbing Case.— Frederick James I Sparks, a young man, convicted yesterday |of having assaulted an Indian named Chun . I Deep in Gundry-street, Newton, so as to cause him actual bodily harm, was brought •up for sentence.—Mr Palmer, prisoner's ; I counsel, said that Sparks came from i j Australia, and it was difficult to obtain local witnesses, but with His Honor's i permission he would put in certificates. —E. iA. Partington gave evidence as to prisoner's i j general reputation. He said he had . j known him for eighteen months, and ■! during that time had various business i transactions with him. He always found ~ him straight.—Plis Honor then looked over ;! the certificates handed in by Mr Palmer.— • I Chief-Detective Grace was called for the Crown. —He said he had known prisoner for about two years. During twelve or fourteen months of the time he worked for the Tramway Company, but during the last nine months he had lived on the prostitution of women. The detective gave prisoner a bad character generally.—Prisoner said lie would like to contradict Detective Grace's statement, and with His Honor's permission he went into the box.—Prisoner owned that he was keeping a woman some time ago. For the last nine months he had been doing various advertising work, and had , got up the programme for the Opera House. ,He would like to call Mr Kerns.—His Honor said it was a difficult case to deal , with, and he would allow it to stand until two o'clock so that prisoner could bring . further evidence on his behalf.—After the luncheon adjournment Frederick Jas. ; Sparks was again placed in the dock. Mr ■ Kerns was called by Mr Palmer, hut did not appear.—His Honor said he did not place much reliance on the statement that prisoner was living on the prostitution of ■ women. He was sorry to see a young man in such a position, because he appeared to have borne a very good character, and : ordered him to heimprisoued for six montus with hard labour. Alleged Theft from the Person.— ; Quinton James Beresford was indicted that on the 20th of July last he stole one ' steerage passage ticket, one 1.0. U. for the sum of £100, one money bag and £5 10s in money, the property oi' Thomas Boorman, • from the person of the said Thomas Boor- ' man.—Prisoner, who was defended by Mr ; Hugh Campbell, pleaded not guilty.—Mi i Campbell exercised the right of challenge , freely when tlie jury was being , empannelled. — The Hon. J. A. Tole conducted the case for the Crown.— iMr Tole narrated the circumstances to the ; Court. He said that prisoner, a cab- ' driver, was charged with stealing from the person of Thos. Boorman, a grocer. This • was on the 20th of July last. It appeared

that Boorman had been about town and apparently had a little liquor. Early en the morning of the'2oth, about 7 a.m., he was "oing 'down Queen-street, near the Waiteniata Hotel, when prisoner, who Avas on the cab-stand, asked him " did he want a cab." He replied " no," but to come and have a drink and to bring his friend with him. The three then went to the Thames Hotel, and Boorman shouted drinks and paid for them. In the course of conversation prisoner said he had a very bad night and Boorman gave him a shilling which he spent in drinks. They then went to the pavement on the other side ol Queenstreet, and prisoner suddenly turned round and said to Boorman, " Pay me the 10s you owe me for the hire." He also caught him by the wrist. Doorman denied that he owed a fare, and said rather than be hurt that he would give him the amount. He then put .his hand in his pocket and pulled out bis money bag. Prisoner snatched _ the bate and stibsequently went away in a hansom cab driven by another man. Prisoners cab was left on the stand and driven to the stable by a boy. When the prisoner was arrested at the stable he had half a sovereign in his mouth, which he was concealing. This dropped on the floor. — The prosecutor in his evidence bore out Mr Pole's opening remarks. He said that when prisoner snatched the bag from him he seemed to give it to another cabman. It seemed to him that prisoner sprang into a cab and the cab seemed to go away. In cross-examination witness said he was endeavouring to get a bed in the early part of the night. He got a cab and eventually went to sleep in it. he came to town on the previous night (Sunday). He did not remember going to a brothel in the cab. He denied that he was so hopelessly drunk that he did not know where he spent that night. He hired the cab in Queen-street to sleep in but he did not know where it went to. When he woke up he found himself in Queen-street. Witness last saw what was in his money bag when he paid £1 for <lIR (* al) he slept iu° He got the money out of the bag to pay the cabman. He' did not know who the cabman was.—Three boys, named Frank Smith, W. E. G. Butler and George Williams also gave evidence in support ot the indictment.—J. T. Parkins, labourer, deposed to hearing prisoner demanding his fare from Boorham. Prisoner caught him by the wrist, twisted his arm, and then put bis lingers in the man's left hand pocket. -—The hearing of the evidence was proceeding when we went to press.