SUPREME COURT.

Auckland Star, Volume XXXVIII, Issue 31, 5 February 1907, Page 5

SUPREME COURT.

CK__\n_vAL SITTINGS. The criminal sittings of the Supreme Court,, which opened yesterday ■ before Mr Justice Dennision, were continued in the afternoon. The Hon. J." A. Tole appeared for the Crown, CONTINUALLY' IN CRIME. A plea of guilty Was entered by John Hammond, who had been indicted on a charge of forging and uttering a cheque for £3 at Pokeno. , The accused handed to the Judge a written statement, but- his Honor described it as useless if it was simply made upon his unsupported word. The accused, he continued, blamed a knock on the head which caused a buzzing, but this seemed to have gorie on since ISBS, so it was useless to talk of such a thing. Hammond had been" sentenced in 1902 to three years' imprisonment, and had previously served a similar sentence. ''You seem to be continually in crime," added the Judge, " and I do not know whether I should-not treat you under the recent Act as a person who should be locked up for an indeterminate time as an habitual criminal." _ Sentence of four years' hard labour was passed. - ' AN AUCKLAND "FIND." * Karl Heilstrom, a Swede, came up for sentence on a charge of stealing from a dwelling. He put in a written statement which had to be interpreted. According to this, he found-, under his bed a box which was stolen, and for which a reward of £5 had been ottered. He admitted having done wrong in not telling the police about the box, but he thought he would be blamed for stealing it. To get rid of the box he burned it, and saved the contents, though, as he deelated, he had no intention of stealing them. The Crown Prosecutor informed the Court that the box contained goods valued at £123, of which nearly all had been recovered. The accused was a first offender, who had only been in the colony about eleven months. The accused was sentenced to six months' hard labour, and his Honor declined to order recompense to a jpawnbroker who had advanced money upon some of the proceeds of the robbery. THREE YEARS FOR THEFT. William Thompson pleaded not guilty to a charge of having stolen a portmanteau and contents at Auckland in December. *■' George Edward Cowling, a labourer, deposed that upon arriving in Auckland from Gisborne on December 10th he went to the Thames Hotel. Placing his portmanteau in a passage, he went away to make arrangements about his accommodation. The next time he saw his property was at the police station. Charles Carter, a cabman, said the accused came to him about 10 o'clock on the night of December 10th with a portmanteau similar to that identified by Cowling. He wanted witness to bring his cab around a corner to pick up the bag, explaining that it was too heavy to carry. Witnc/.s saw that the portmanteau was light, and refused f, ,< take it, as he was suspicious. Thompson then offered to selr the portmanteau and its contents for a sovereign, but this development only resulted in the witness fetching a policeman, who arrested the prisoner for suspected theft. Michael Leonard, another cabman who had the opportunity of participating in the bargain, said a gun barrel was strapped outside the portmanteau. He asked what was inside, and the accused said there was a gun and some clothing. When asked to describe the clothing, Thompson said he could not tell, adding, "You don't want to put my pot on," from which witness inferred that Thompson did not want to get into trouble. Constable Mclvor, who was called by the previous witness to inspect the portmanteau, said he arrested Thompson when the prisoner accounted for possession of the property by saying he found it in Fort-street Lane. Thompson did not give evidence, and he made no address to the jury, who found him guilty. He was sentenced to imprisonment for three years. ' THE GRAND JURY. The Grand Jury completed its labours last night, when the following indictments were thrown out:—Adam Swallow, burglary, Auckland; Samuel James Edwards, breaking and entering, Auckland ; William Loughin, indecent assault, Hamilton. True bills were returned upon the following indictments in addition to those published yesterday:-—Ernest Edward Walter, attempted rape, Whangarei; John Manning, causing actually bodily harm. Coroenandel; Claude Marmont, indecent assault on a female, Auckland; George William Angus, indecent assault on a female, Auckland; Arthur Wells, rape, Kaitaia; James Ross, perjury, Hamilton; Arthur Richard Varley Goodwill, rape, Auckland; Thomas Crosby and Patrick Crosby, assault causing actual bodily harm, Hamilton; Robert Telford Wilson, rape, Thames; John Ploughman, unnatural offence, Auckland; Sarah McPhund, child desertion, Auckland; William Holland, robbery, Auckland; Taite ■te Heu lieu, Niheta Pongo, and Hira te Akau, perjury, Taumarunui. Adam Swallow, Samuel James Edwards, and William Loughin were formally brought before his Honor and discharged, as "no bill" had been found in their eases. TO-DAY'S PROCEEDINGS. POSTAL EMPLOYE'S CRIME. A young ex-postal employe named George Frederick Falkiner came up for sentence on a charge of stealing £9 at Whangarei. The case had been adjourned from yesterday, so that a report could be secured from the Probation Officer. His Honor stated that although the Probation Act was excellent, it was liable to abuse, which should be carefully guarded against, so that it should not be understood that a young man might commit an offence of that character on the assumption that he would be practically let off. Strictly speaking, it was a case of a class which members of the Bench had announced their intention of treating severely,, a case - of theft of money by a public servant in a position of trust. However, the Crown had accepted a plea of common theft. The accused after discovery did his utmost to throw the blame upon his fellow officers. He would be sentenced to imprisonment for six months. . ALLEGED SERIOUS ASSAULT. Thomas Crosby and Patrick Crosby, defended by Mr Gillies, were indicted on a charge of assaulting Patrick O'Shea at Hamilton an December dik. so as to cause him actual, bodily harm,^-, The '•^■/% l& i he wm driving W ■ ■ ".,-"- " ' '-"' i. ■. ; "1} / -

Mr McCarthy's,' die called at" Thomas Crosby's' house for information as to the direction. r,:rrs Oros-oy supplied the; information, and he went away i witU- : out having got o_ his cart. He was then, accosted by . Patrick Crosby, who offered to show Mm a shorter way, aiid asked witness to come with him. He accordingly accompanied the prisoner to Thomas Crosb3''s house. Thomas Crosby was called out, and had a short conversation with his brother. Witness told Patrick Crossby he must be oft', as nia time was limited. Crosby replied that there was plenty of time. He called out to his brother, who had gone into the house again. Thomas Crosby came out and rushed at witness, whom he struck from behind with both fists. Witness turned around, and was then struck violently in the face. Then the other prisoner. attacked him as well, and blows rained so heavily on his head that he fell down and practically lost his senses. Though t he was not positive, he believed it was the stroke of a stick which knocked him down. He got up and ran away, but was tripped by Thomas Crosby, who again struck him violently, remarking, "I'll stop you from working at McCarthy's." Patrick Crosby shouted to his brother, "Do for him." Witness somehow got away, and- after, lying exhausted for a time on the roadside, was driven into Hamilton, and went to the hospital, where he remained for nine days. (Proceeding.)