SUPREME COURT.

Auckland Star, Volume XXX, Issue 275, 20 November 1899, Page 4

SUPREME COURT.

CHIMIN AL SITTINGS

(Before Mr Justice Conolly.)

The Criminal Sittings of the Supreme Court for.the Auckland district opened at 11 o'clock this morning.

GRAND JURY.

The following comprised the Grand •'Jury:—Messrs Graves Aickin (foreman), Charles-Arnold, Charles Best, Moss Davis, Edmund Ellingham, Ernest. Ford. C. L. Hoffmann, Henry Johnston, Wm. Leatham, H. E. May, J. G. McCullagh, Edward Morton, H. B. Morton, G. P. Murray. F. Murray, N. Newcombe, F. A. Nutter, A. C. O'Neil, W Spragg, J. P. Stevenson, and A. J. Tempest. JUDGE'S CHARGE." His Honor, in charging, the Grand Jury, said the number, of bills submitted was considerably smaller ihnn he hait had before him for some time past—a matter, certainly for congratulation. •- He regretted that... many of the persons charged were old offenders, from which It would appear that imprisonment. djd not, as-it should do, act, as a reformatory influence.-It was also peculiar that about one-third of the charges were either against Maoris or half-castes. -There were very few cases requiring comment at" his 'hands.. In one of ;the cases, against two Maoris or half-castes, the facts were somewhat peculiar in that the complainant lost a cow, and there seemed to be evidence that it ran for some time on the property of the prisoners. It had a calf while running there, and subsequently the prisoners, sold both cow and calf. The prisoners of course knew the animals did; not belong to them. Probably it would be better to send the case to be discussed in Court, but if there were convictions, it would only be a ease for nominal .penalty. Another peculiar case was one in which some Maoris were charged with robbery of .a saddle and bridle. The owner cf the saddle and bridle was rifling on a horse when he was stopped by some -Maoris who claimed the articles, and. took both horse,.saddle and bridle. It was probable the horse belonged to the Maoris, as they were not charged with stealing it. After a time the-.saddle, ami bridle were given up. There appeared, .however, ample evidence for j sending the case for 'trial. There was I also a charge against a woman for committing perjury in connection with a case wheVe another woman had been charged with selling liquor'without a license. The prisoner gave evidence for 'the defence, and made statements which were contradicted by many other witnesses. That also appeared, to be a case that would require to be: sent to trial. His Honor also express- j ed regret that there were two charges | of bestiality. He • said it was very shocking* such cases occurred, but when thofr ca.me before the Court they must be dealt with. The only other case of importance was one of assault causing bodily harm. Although it was .alleged the act was done in self-de-i fence, still nothing excepting actual j danger to his own life .would have justified the violence ot the prisoner. His Honor added that.he. had much pleasure in noticing...that..,an apt ,l)ad beeii passed.' last session which gave more reasonable remuneration to common jurors. No doubt in the past, many who attended as ebiiiiiion jiiro.rs did so at great loss of time.to themselves. Now, however, they,would be paid sufficient to cover actual cost, of attending. The institution of the Grand Jury so often threatened, with extinction had been left untouched. Although there might not be many cases in which the intervention of tbe Grand Jury was neeoesary, still it was always a pleasure to him to address the Grand Jury atifi to learn of the •care with wQiieh the membprs had.perI formed their duties.

The Hon. J. A. Tole, Crown Prosecutor, appeared for the Crown.

A WHANGAREI CASE

A middle-aged man named Joseph Thomas was indicted that on 29th September last at Whang*arei he wilfully damaged to the value, of £5 a large plate glass window of the value of £15, the property of Alfred Ernest Love.

Prisoner pleaded guilty. He w*as undefended. .-

It appearecl from the police records that prisoner had been sentenced to ten years' imprisonment in a country district in Kew South-Wales, J;a_d also seven years' imprisonment in Welling, ton. . -.■..:• ;•-;•,.

Constable Sefton said prisoner had only been half an hour in Whangarei when he committed the offence. H,e came to the district from Kawakawa, carryin«" a swag. 0 ... His Honor said prisoner was a-man who chose to pass all his life in prison. He would give him tlie highest sentence for the offence- the law allowed, viz., two years' imprisonment- with hard labour. Prisoner was then removed from the dock. BREACH OF PROBATION ACT. ~ .Yin. Rickleben, who was admitted to probation for 12 months in May, 1599, on two charges of false pretences was brought before His Honor. Mr.G.. ; Reston, head gaoler, said prisoner had j not reported himself, since .the 31st j.luly last, and he had paid. nothing towards the costs. There-was a receipt that he had paid .__i to Mrs Pugh. Sinef... prisoner was admitted to.probation he had been, twice- before the lower Court, but was-, acquitted. In answer to Hi.s .Honor-prisoner said be could not get. work. He expected, money from Home.,, His Honor, "said prisoner evidently did. not work" .but lived at.other, people's, expense. .He looked on .it. as a".bad .case. The sentence of. the Court...would:, .be. six months' imprisonment'with hard labour. ■ ... •■• ■'■-'■ - -'.-'■ A WAIUKU CASE. A Maori youth named Wi Waipapa (IS years of age) was indicted that on ■17th September last he.broke into the office of the Waiuku and' Onehunga | Steam Navigation' office, at Waiuku with intent to commit theft therein. Mr Geo. Brown interpreted. I Prisoner pleaded guilty and Mr J. R._| Reed appearecl on his behalf. He j spoke for His Honor's leniency, and. said that prisoner was. well connected and had come from a district on the East Coast to Waiuku. . Constable Parker said prisoner had been a fortnight in the Waiuku district. He lived with the Maoris. His Honor sentenced prisoner to six months' imprisonment with hard labour. BREAKING. ENTERING AND •;■ .-, rrHEFT.;.:....--... ..:■. Another Maori youth - named- Ri&i-, "K-reopa (ID years of age), through Mr" Geo. Brown. interpreter, pleaded guilty .to having broke and entered: the shop of Allen H. Ferguson at! Matata and with stealing therefrom

certain articles of the. value of 8/. n /money. A second count charged him with 'haying-received the same. Constable Hughes said that all of the articles stolen had not been received.-. Prisoner was arrested at .Maketu* '■'•■' '_.-:..

Mr .-Ferguson said more goods were stolen, than had been found. Prisoner was a stranger in the district. His Honor- sentenced prisoner to twelve months' imprisonment. ' FALSE 'PRETENCES. An elderly man named John Thomas Bennett wa's indicted that on the Bth of "October last, he. obtained, froni Jas. Prince by false pretences a watch of the value" of £7 and a cheque for .€l3. Prisoner pleaded guilty. His Honor said prisoner had been in prison over and over again, and it had no effect .Qfi him- He .read a. list of previous convictions against him and imposed a "sentence of three years. His Honor ordered that the watch recovered at a pawnbroker's be returned to Mr Prince . THEFT OF KAURI GUM % c John Henry Atkins.pleaded guilty to theft .of kauri gum on the Ist and Sth November, the property of Arthur Heather, merchant, of Fort-street. ■ When challenged prisoner handed in a written statement to His Honor. Mr Heather said he knew nothing about pi'ispner. Mr Tole said the. kauri gum. had been recovered. Its was sold to a lapidist. gain was found on prisoner's person. Detective Maddern said prisoner had Only come out of prison when he committed the offence. He ha.d.bee _,ih gdol plenty of times. . His Honor said prisoner in his statement said he gave way to drink. He must remember a man was responsible for-his actions if he did drink to excess; No doubt prisoner went to Mr Heather's office to see what he could lay'his hand son. The sentence of the Court would be two years' imprisonment. • •-' , J A HAPvDENED CRIMINAL. Thos. Julian,.alias.Thos. Johnston, a middleaged. man', was indicted that at Te Awamiutu, in September last, he obtained sums of money by false pretences from Samuel Lewis and Hyman Lewis and Joseph Bathurst, hotelkeepers. There were four indictments in all. Prisoner pleaded guilty to each charge. His Honor remarked that prisoner in his statement said, the hotelkeepers had no right to give and.take, cheques from strangers. He agreed with prisoner in .that- respect, and he had commented on it time after time. It was, however, no excuse to a person to give a cheque when he knew it was worthless. The hotelkeepers took the risk that it Was quite, right. He"*: noticed prisoner had been a convicted criminal since 1878, :No doubt he was an habitual swindler, and the sentence of the Court would be on each four indicti ments three years imprisonment,* sen- ■ fences to be eumuiativfe. FORGERY AT PAEROA. JohnMadeley Was indicted that on 27th of July* at Paeroa, he committed forgery of a d'ocumeht which purports !to be a -request for the payment of money. There was also an indictment that on 27th July he used the document knowing it'to be-forged, and further that on 27th July he obtained | i &&% v ße_ fe-t' _> _ $*M* . -.. . ISs in j ' money by false pretences. It appeared that the charge of false, pretences had been dealt with in the lower court, and His Honor questioned whether the prisoner having been dealt with on that charge could be .indicted on the two other charges. Prisoner was ordered to stand down until to-morrow morning so that the matter could be looked into.

(Proceeding.)