SUPREME COURT.

Press, Volume XII, Issue 1583, 3 December 1867, Page 2

SUPREME COURT.

CBIMINAi SITTINGS. Monday,; December 2. [Before His Honour Mr Justice Gresaou.l The following gentlemen conjprised tho Grand Jury .—'-Messrs. H. J. Tanored (foreman), J. Studholme, E. ,M. .Templar,, J, M. Tosswill, Samuel Bealey, R. Walton, H. P. Murray-Aynsley, J. C. Wilson, H. E. Alport, R,R. Armstrong, A. F. N. Blakiston, _". 0. Boys, W. R. Browne, M. J. Burke, J. I, Coster, C. Davie, F_ W.,Delam(-in,EwDo„BOi3, and F. H. Ensor. The ju?y having been sworn, his Honour delivered the following charge-:—• "Mb. Fobeman _u?d Gentlbiikn oethb Gband Jubt,— '." ? . -, "The only remarkable feature in the calendar of this session is the unusually ' large number of charges of assault iipon females. "•' "Formerly, crimes of this nature'were of comparatively rare occurrence in this province. This session they amount to', one-tl|ird. in number of the whole of the cases in the calendar. It would be unfair to, infer from tho experience of a single session the rapid growth of any particular Species of crime, inasmuch as the appearance of the-calendar may be. the result of accidental circumstances rather than of the normal condition of the community; bu. the fact is significant when considered in connexion with a subject which' has lately attracted publio attention. . ; is '''■'■•' V: i

" In one of the.cases, to come before you ths prosecutrix is a child of very tendef years.' 'lt may be that upon questioning her, as I intend to do, before sending her to your roomto bo sworn, I shall find that she does not understand the meaning of an oath, and that therefore hi. testimony cannot he received. In such cms you must discard, from your minds the statements made by the child to her mother, if the latter should communicate them to you, as she probably will' be unable to.';&ybijidoi--g~ ,you must arrive at your "conclusion from tha evidence of the mother as to facts, which sha herself knew, as well ; as from thati of the constable and of the. fellow-workman of the prisoner. There is a charge of rape, in which it appears from the depositions that a certain statement was made bytheipPoaeoutriJ: teller companion shortly after the alleged commw' sion. of the act complained of. You cannot receive either from the 'prosecutrix or from any other witness for the Crown the parti(Hilars of the complaint made by her, §-8 may be aaked whether at the time she risde the complaint she .named a person as having committed the offence, but not whose fl s _ Be she mentioned. If the case should goto W the particulars of the complaint may be elicited, on cross-examination by the prisoner's counsel; but your diity is merely to hear the'case for the Oown-, and to determine whether, upon the evidence adduced, case has ;been made against the prisoner." _ i "If you should think.prosecutrixaicradible witness" I recommend you to find a true bill, in order that the csjse ,may ; fch. fully inveeti' gated. " I need not advent more particularly to the cases in the calendar, most of which are of t'de ordinary character; but before disnUß-rag you to your duties I may be allowed to expreas my satisfaction, at the .progress wbioh has bcon iaade during the last session of the General Assembly in tb& criffii-H-f- ! I»W and assimilating it to that of England, and also in making provision -for, neglected and criminal children, and thereby removing the reproach that has hitherto existed againf the Government of haying failed to provide ft f the.reformation of juyenileoriminals. . "It is to behoped that ;• The Neglected and Criminal Childreu Act, 1867,' will cot w rendered inoperative through neglect on tha pari of the.Superintendents to estahlieh in* dustnal arid reformatory schools. ' >; _ "However great limy be the exigenci.. of the Provincial Governments at present, and apart from all' moral considerations, it should be remembered that the prosecution of crime is one of 4he heaviest items of the permaueiic expenditure of the country; and that a lsrg3 portion of, that expenditure may be saved hf the agency of efficient,schools.' I trust that; before the end of another session pro^ oll will bo made for the establishment of a g» ae * ral reformatory foe the colony. /"Gentlemen,! will;not detain you l<ffig«* from your duties.'' TBtTB B__U_B. The following true bills were returned dur« ing the day .-r-Wm. Noon, escape from gao'! Wm. JJfoon, forgery and uttering, and V Td l vioua bill; Martha Ann Brown, forgery an* uttering ; John Ro.bina, for assisting io tM escape of a prisoner; Thomas in J decent assault; Jas. MoDohald, obtt~ni D t, money under false pretences; George S_n»a» larceny, from ;the person; Wm. If» ?e f°' assault with intent; Bobcrt B. ViacW larceny of a cheque,

t_ the v. Alexander Heron, 'Srww^^^'^^ 3 - o^^-, " '.-'.:.;■ /"isCi-'E -*BOM CtrSTOIJT. ■'"' tTiiiiam -foon was indicted for escaping 7rom legal custody_ from Lyttelton goal ™^ c prisoner, who was undefended, pleaded : Sentence deferred. rOEGKBY AND UTTBEHfO. Martha Ann Brown was indicted for this -jSce. " Prisoner pleaded Not Guilty, and Duncan prosecuted on behalf of the Wilson was chosen foreman of the Crown Prosecutor, having stated the Sergeant O'Grady, who deposed as follows— Tarn a P*^ ce constable at Rangiora. On the __ftb'Auknst last I received certain informatfah which led to the arrest of the prisoner at s>Vbar on the : 6th September. I cautioned and informed her of the charge. s ffle said that she knew nothing about it. I name, which she stated to be''Brown." Prisoner asked mc what I had in my hand, and I told her it was the cheque. She then gaid that she had picked it up on the road. I searched the house in the presence of her daughter, but found nothing. I then went to Jier daughter's house, and searched it. In a box I found a letter, the one produced. Prisoner acknowledged having written the letter. The cheque produced is the oue I showed the prisoner. I received it from Mr Hepworth, of gangiora. I presented the cheque at the Bank of New Zealand; Kaiapoi, and it was returned, marked " no account."

Arthur Ward —I am a publican at Wooded. On the 27th August prisoner came to my house. She asked for a bottle of brandy lad a bottle of sherry. She gave mc a cheque Jn payment, and asked mc to cash it. I looked st the cheque and showed it to Mr Cameron, of Saltwater Creek. Mr Cameron said that the cheque was riot a good one, and that I Jud better keep it. I forwarded it to Rangiora, bat did not cash it. I asked the prisoner tfhere she got the cheque from, and she stated that she got it from her husband, Thompson. I asked her if her husband's name was (Thompson, as that was the name appearing in {he body of the cheque.': .1 sent the cheque to Sergeant O'Grady, by Mr Hepworth. The cheque produced is the one I got from prisoner. Prisoner said that she would send her husband for the cheque, but no one called for it. Fy the Prisoner —When you .first came in , you asked the price of brandy and wine. You did not tender the cheque before the bottles were placed on the counter. I asked you where you got the cheque from. Mr Cameron laid it was no good presenting it at the Bank.

R. 0. Roee—l am a clerk in the Bank of New Zealand, at Kaiapoi. The cheque produced was. presented at the Bank, and was marked by;,jne ."noaccount." Mrs O'Connell, Of Mount no account at, the Bank. Sarah O'Connell—-I reside at .Mount Grey station. I am not aware that any other Mrs O'Connell resides there. I know of no Mary O'Connell residing on the station. The cheque produced was not signed by mc ; no part of the handwriting is mine. I .do not know the prisoner. I never authorised her to draw a cheque in my name. This was the case for the Crown.

Prisoner, on being asked if she had anything to say, handed in a written statement to the effect that she had found the cheque on the Eangiora road, near the church, and had taken the cheque at once to the hotel to get it changed. Had never seen a cheque before, and was not aware 4hat it was bad She was gorry that she had endeavoured to pass the cheque.' She also hoped that the Court would take into consideration the long time that she bad been in gaol. His Honour having summed up and read portions of the evidence, explained the law relative to the case.

The Jury retired, and on returning into Court found a verdict of Guilty. His. Honour sentenced the prisoner to six B-d-iths' imprisonment, with hard labour. SOB&EBS. AKB UTTEBING.. William Noon was indicted for this offence. h r .The prisoner pleaded Not Guilty ; he was undefended. '■'-"■■ Mr S. Clothier was chosen foreman of the jury' Mr Duncan stated the case to the jury, and called -'■-■ i■'■ ' ■■

"Sergeant Niall—l am sergeant of police at Christchurch and watch-house keeper. In the mtihth bf\ October last prisoner was brought" to the lock-up. I searched him. find-found the cheque produced dh-Tiim. T aleo found a letter .cm; him: : The prisoner said that he had written—it, and that it was intsgchjd for " Jennie." The letter produced is _le_3ne Ifound on.the prisoner. John A» .Rankin —I am a storekeeper residing inthe Lincoln road. I know the prisoner by sight; He ; was at my store in October last, about four: o'clock in the afternoon. He asked?for' a blank cheque on the Bank of New -feejlafid.'' I told him that I had not one, _4ttioi-jgh":"I had some on the Union Bank of Australia.: Prisoner said that thatwould do, _s"h'e~c6uld change it. I gave him a blank cheque on the Union Bank, as well as a pen and ink. :He then filled up the cheque. He asked how the 1 word Australasia was spelt; tEw was before he filled the cheque up. He wis going away with the cheque and I asked hhtr for a penny for" the stamp, and he said that he had no money . unless I would cash the cheque. -1 -refused as I did not know him. He afterwards searched his pockets and found file money i Prisoner then left. I did not -i-unine. the cheque after it was filled up. -$ie cheque is similar to the blank one I gave Prisoner.'.' Tlie name of the' Bank has been Ganged to that of the Bank of Australasia. * By-.the'Prisoner—l;was about four o'olock titeaiyou came to my store. "Jfary.Ahn Tioknor — I am the wife of Gebrge Ticknor, on the Lincoln road. I know tMttfisotier by sight. He came to our house WTuesday, .October ;29. It was about nine o'clock in the morning. He had half a pint pfsftw.? He stayed in. the house until nine or Item o'clock; Ha was in and out the house <ta?mg the whole of that time. I saw's C-lque in his possession about five o'clock in the evening.. He asked mc to cash it. I took the cheque and looked at it, and told hSin that "I" j!6u_d~nQt cash it." He then asied ~me to; ltod-him £2 or £3 on nccotin.' of the: oheque. I refused to do so. I afterwards called tte prisoner to see my husband. , It waa then &oqt six o'clock. He -howed my: hii-bahd we cheque. The prisoner said that it was , .ttfteright, and that ?we neejd,,not baye any uoibts about. changing it. He said that Mr Caverhili. was a very wealthy man, and had giveti him the cheque to dt-aw thel money. *ha' ; cheque was' given. !bact .to the prisoner. *h_S£_ieque produced is the one tendered by , >L By the" Prisoner—You did not show mc the fiheque !until four o'clock—after the Bank was _ :

-*-.s&*_»?_ Ticknor—The husband of the last Wteeßs corroborated her evidence.

_ : Amos Hilltcar—l am ledger-keeper at the Bank of Australasia, Christchurch. The cheque produced was offered for payment at the Bank, and returned as there was no account.

... Stephen W. Elwes—l am ledger-keeper at the Union Bank of Australia. The cheque produced was offered for payment and refused, On the ground that the signature was unlike. _ ?>' the Prisoner—The cheque was presented uy a constable, and not by you. John Scott Caverhill—lam amnholder in the Amuri district. The signature to the eiieque produced is not mine. I havo seen the prisoner before in the Police Court. I never authorised any one to sign the cheque produced. 1 bank at the Union Bank of Australia. lam the only runholder of the name, of J v 8. Caverhill in this Island. Thw concluded the case for the Crown. The prisoner hoped that the jury would not let the feet of his being a prisoner weigh unagainst him. The cheque produced the one shown by him to Tioknor. was no evidence on Wwn to Mario, him.

His Honour summed up, and the jury retired for a few minutes, and returned into Court with a verdict of Guilty, on both counts. SENTENCE. William Noon, for escaping from gaol, was sentenced to hard labour for one year, to be computed from the termination of the former sentences. The prisoner was afterwards sentenced to two years' imprisonment on the charge of forgery and uttering.

OBTAINING- MONEY UNDER FALSE PRETENCES,

James Macdonald pleaded Guilty to this charge.

His Honour deferred passing sentence, as there was another charge against the prisoner. The same prisoner was then indicted for a similar offence, and again pleaded Guilty. Kor the first offence prisoner was sentenced to imprisonment for nine months, with hard labour, and for the second offence a similar sentence was passed. The Court then adjourned until ten a.m. this morning.