SUPREME COURT.

Auckland Star, Volume XXXVIII, Issue 136, 8 June 1907, Page 5

SUPREME COURT.

CRIMINAL SITTINGS. The criminal sittings of the Supreme Court were continued yesterday afternoon before his Honor, Mr. Justice Denniston, the Hon. J. A. Tole appearing for the Crown. The trial of William Henry Cresswell was continued. The accused, a carter, was charged with having on May 7th stolen 20 tins of herrings from the Auckland wharf, and receiving 12 tins knowing them to have been stolen. Arthur Pell, tally clerk employed by the Huddart Parker Co., stated that his attention was drawn to a case of tinned herrings in "D" shed. It had been broken open, and a "good few" tins had been abstracted. Theu he got under the waggon driven by the accused, which stood in the shed, and he felt some tins in the nose-bags. When the accused passed the tally office on his way off the wharf, witness asked him how many tins of fish were in the nose-bag. "I don't know," replied the accused. Witness threatened to report the accused if he did not replace them in the case, and Cresswell took them back. Robert C. Holmes, storekeeper in the Harbour Board's employ, corroborated a previous witness as to what occurred in the "D" shed.

land wharf, and receiving 12 tins knowing them to have been stolen. Arthur Pell, tally clerk employed by the Huddart Parker Co., stated that his attention was drawn to a case of tinned herrings in "D" shed. It had been j broken open, and a "good few" tins had been abstracted. Theu he got under the waggon driven by the accused, which stood in the shed, and he felt some tins in the nose-bags. When the accused passed the tally office on his way oil the wharf, witness asked him how many tins of fish were in the nose-bag. "I don't know," replied the accused. Witness threatened to report tbe accused if he did not replace them in the case, and Cresswell took them back. Robert C. Holmes, storekeeper in the Harbour Board's employ, corroborated a previous witness as to what occurred in the "D" shed. Edward John Sin el a tally clerk employed by the Union and Huddart Parker Companies, gave similar evidence. Evidence as to the arrest was given by Detective Scott. EVIDENCE FOR THE DEFENCE. When the hearing of theft charges : ._:.;.-; v caller muned William Henry Cresswell was continued this morning, evidence was called by Mr. J. R. Lundon, j who conducted the defence. The accused., who lives in Albion-street, Parnell, said he had been for 7 or 8 years in the employ of Ander-on and Co. He had worked on the wharf for ten years, and this was the first time he i h_d been accused of dishonesty. About 11 o'clock on May 7th he left his waggon , in "D" shed while he went for ten minutes to where some loading of pipes was being done. When he returned he had to fruit a "ew minutes for the load, and : stood at the horses' heads dusting tlie. harness. Having loaded some showcases, he pulled out of the shed. Pell, the tally clerk, called him as he was passing the office, and asked how many tins of fish were in the bag. "I don't know," witness replied, "if there's any there they don't belong to mc." Pell threatened to give him in charge if he did not replace the tins, and witness said if there were any they would be put back. He at once drove to the storenian's office, and inspected the two nosebags. One was found to contain 12 tins, and witness said "T didn't put them there at aIL" In reply to a question from one of the officials, he said he did not know who put the tins in the bag, but if he did he would not "put him away." An inspection of the broken case showed that more than 12 tins "were missing, and Pell remarked, '"Somebody else has been there." The nosebags consisted of a. corn-sack turned down, and they were hung loosely under the waggon. Anyone passing could easily put tins into the bag on the near side. It was within his knowledge that a good deal of pillaging went on at the wharf. Charles R Eraser, foreman of Anderson and Co., gave the accused a firstclass reputation. He added that he had at various times found things in nosebags. When he was driving, some years ago, he found two tins of salmon which someone had placed in the nosebag of his horse. He had stopped a man who wished to put a tin of peaches into his nosebag, and he had seen a blacksmith's vice put into l.he accused's cart, though it did not belong to the firm. He had known instances where more goods than were on the tally sheet had been loaded on the accused's cart, but he had returned them, though they could not have been traced. Two bags of rice, a box of candles, a roll of linoleum, and some dried fruit had been returned by the accused in this way. Witness noticed at 9 o'clock on the morning of May 7th that a case of tinned fish had been'opened. ASSAULTS BY A DRUNKEN MAN. John Kenneth Cameron, aged 46, who had been found guilty of assaulting two women so as to cause them actual bodily harm at Auckland on May 4th, came up for sentence. He told the Court that :he had never previously been in trouble, but he had been five weeks in gaol awaiting trial. ! His Honor suggested that some peeujniary reparation should be made by the j accused to the two persons whom he I had ir'ured. The accused said that he would do jail in his power in tliat direction. I His Honor went on to state that this j could not be regarded as an alternative ■to tlie sentence. Drunkenness was no j excuse for such an offence, but it seemed as if there was absence of intent to do bodily injury. He ordered Cameron to pay £10 to each oi the persons assaulted, and £5 towards the costs of the Court. Subject to this he would sentence the accused to come up for sentence if called upon. THE UNCOMPLETED CALENDAR. Four cases still remain on the criminal calendar of the Supreme Court, viz.: Eliza Davis, charged with manslaughtei at Auckland: Charles G. F. Pepper" and Herbert Howlett, receiving stolen property, Auckland; John Cadigan and George Jones, vagrancy, Auckland; anc the re-trial of John Soloman Taylor on s charge of wilfully poisoning a horse al Hamilton. The civil Ki7__ „— *.

put tins into the bag on the near side. It was within his knowledge that a good deal of pillaging went on at the wharf. Charles R. Fraser, foreman of Anderson and Co., gave the accused a firstclass reputation. He added that he had at various times found things in nosebags. When he was driving, some years ago, he found two tins of salmon which someone had placed in the nosebag of his horse. He had stopped a man who wished to put a tin of peaches into his nosebag, and he had seen a blacksmith's vice put into the accused's cart, though it did not belong to the firm. He had known instances where more goods than were on the tally sheet had been loaded on the accused's cart, but he had returned them, though they could not have been traced. Two bags of rice, a box of candles, a roll of linoleum, and some dried fruit had been returned by the accused in this way. Witness noticed at 9 o'clock on the morning of May 7th that a case of tinned fish had been'opened. ASSAULTS BY A DRUNKEN MAN. John Kenneth Cameron, aged 46, who had been found guilty of assaulting two women so as to cause them actual bodily harm at Auckland on May 4th, came up for sentence. He told the Court that he had never previously been in trouble, but he bad been five weeks in gaol awaiting trial. His Honor suggested that some pecuniary reparation should be made by ihe accused to the two persons whom he had ir'ured. The accused said that he would do all in his power in tliat direction. His Honor went on to state that this could not be regarded as an alternative to tlie sentence. Drunkenness was no excuse for such an offence, but it seemed a.s if there was absence of intent to do bodily injury. H e ordered Cameron to pay £10 to each oi the persons assaulted, and £5 towards the costs of the Court. Subject to this he would sentence the accused to come up for sentence if called upon.

THE UNCOMPLETED CALENDAR. Four cases still remain on the criminal calendar of the Supreme Court, viz.: liliza Davis, charged with manslaughter at Auckland: Charles G. F. Pepper" and Herbert Howlett, receiving stolen property, Auckland; John Cadigan and George Jones, vagrancy, Auckland; and the re-trial of John Soloman Taylor on a charge of wilfully poisoning a horse at Hamilton. The civil business was expect ed to commence on Monday, but the indications are that the criminal business cannot be completed before Wednesday.