SUPREME COURT.

Press, Volume XII, Issue 1584, 4 December 1867, Page 2

SUPREME COURT.

CBIMINAI SITTINGS. Tuesday, December 3. [Before His Honour Mr, Juatico Gremoni His Honour took his seat upon the Beach at ten a.in. ASSAULT WITH INTSKT. Bobert Tindall was indicted for this offence Mr Duncan prosecuted for the Crown. Ilie prisoner, who was undefended, pleaded Jjnt Guilty. Mr W. Wilson was chosen foreman of the ijury. • Mr,Duncan having stated the case, called Hurry Feast, who deposed as follows—l am a constable of police. On»tho 15th September List, from information received, [ went in search of the prisoner, and arrested uimoujJU 16th, at his house on the Papanui road I informed him of the charge. I cautioned fctn and he stud " I rodo up in a dray; on Satut'. day night. I have no recollection df seeing a woman ; if I even heard one it is more th-sn I know. I had some drink on mc." I-receirgd from Mr Ludwick the cloth and piece of bread produced, and from Mrs Fleshboum a towel and a shawl, aleo produced. Ann Fleshboum — I am the wife of John Fleshbourn, of the Harewood road I was at St. Albans on Saturday afternoon, tho 14th September. I was going homo about six o'clock, and when near the Styx a dray passed mc. I did not know the man who was driving the dray, but could recognise him if him again. [The witness then identiSed Mr Barcoe as the driver.] When I got near the end of the road I heard the dray stop I passed the end of the road, whilst the man who was riding got off. I heard a man. fol. lowing mc, and keeping clo&e to my heels,' It was moonlight at the time. 1 crossed' tha dray-track to get out of the way, and wits firfJ lowed by the person. I again crossed, and was again followed. I then stopped to allow him to pass. Hβ spoke to mc. [The witness then described the assault.] 1 went to Mr Nun wick's, and informed him of the stance. The prisoner is the man. who.assaulted, mc, I knew him at once when I saw him at the Police Barracks. By Prisoner—l positively swear, that you are the man. I could ewear: to you amongst a thousand. ' ' ■■ Henry Nunwick—l live on the Harewood road. On the night of the September 14 I i.eardanoise in the direction of Woodend. ft was like children screaming. I went out to chop some wood, and as I was returning Mrs Fleshbourn came into the house. Her clothes and face were all over mud; "her hair was down, and she seemed in great distress. She said that she had been assaulted, and' told mc where the place was. I wen);'vjith another man to look for it, arid found it. A white calico rag, with a pieeerof bread, were lying there. We lit a.match, and caw marks ot d, struggle. ; William Barcoe—l am a fanner on the Harewood road. On the evening of September 14 last I was at Papanui, and -when drirmr home a man got up at Papanui. He tp& with mc until we came to a road turning oS near the River Styx. A women, was on the road at the time; she was going towards the River Styx. The man went in.'the came direction as the woman, and when I last saw him he was very near the woman. 1 did not know the woman, an,d I cannot awear, to her now. She. had qn a shawl, but I cannot ear of .what colour it was, I cannot swear that tlia prisoner i> the man that was riding in the, dray with mc. He is, very like him. By Prisoner—i, have already etated that I cannot'swear that you are the man who. was riding in. the dray. This was the case for the Crown. ,-... The prisoner stated" ihat fie was' a perfect stranger, and had a wife and four children of his own, and asked if it was likely that he would commit such an offence. Hβ certainly got a_ lift on a dray on his way home, but had Certainly deen no woman after getting off the dray. He had been for the last three months confined in gaol'on a false charge. He could have produced evidence as to good character, but was told that it would be Bo avail. Hβ had been in his Honour's service for some months. His Honour eummed up, and the jury retired for some time, and finally returned! & verdict of Guilty in the first count. The prisoner pleaded for mercy on account of his wife and children. His Honour.said that the prisoner had been found guilty of a very, grave crime, and one which was, judging from the present calendar, jreatly on the increase. A stop must be put to euch practices; men could not be allowed to roam about the country insulting women and children. Prisoner should have thought of his wife and children before committing the offence. There was no exouse for aa he could hare earned a good living. Th<? sentence of the Court was that the prisoner snou/d be imprisoned, with hard labour, for ; two .years. , ' ■- ■■••• • •■ - ■ ■■■ - : -T' TBFB DHL. The Grand Jury found a. true ; bill againgfc.* John Jiiynson for assault with intent to § nb 6 and this being the last case hit Honour releaeed them from further attendance.

LA.BOB.2fX 2?HOMC THE PEBSOK. Q-eorge Smith, indicted for this offence, pleaded Guilty, and was sentenced to two years' imprisonment, with hard labour. INDECENT ASSAULT. Thomas Jacques was indicted for this offence. » The prisoner was undefended, and pleaded Not Guilty. Mr W. Wjlsonwas foreman of, the jury. Mr Duncan stated the case, and called.evidence in support ot the charge. The prisoner made a long statement in hie , defence, and stated that the evidence given at the Kesidentj Magistrate's Cotfrfc differed Tery much from that given to-day. Hia Honour upland after retiricg) for some minutes the jury returned a verdipt of Guilty..

The prisoner asked the leniency of the Court, as it w~s his JSrst offence. His Honour stated that he would take tbafc circumatance into consideration From the able manner in which prisoner had defendedhimself it wa3 evident that he was a person cf considerable intelligence. He would pass a light sentence, and hoped that the prisoner whilst in &nol would meditate upon the offence* so that at some time he might be able to redeem his good character. The sentence of Coart was that he be imprisoned with hard labour for the period of three calendar months. Bichard Barrett Vincent was indicted for tliia offence. Mr Duncan conducted the proeepntion, and Mr VVjnn Williams appeared for the prisoner*. who pleaded Not Guilty. Mr Knapman was chosen foreman cf tbe jury. ■ Mr Duncan stated the raso, and called Harry' Feast, who,.naid —I am a tktectlfe it the police force. - <3n the let of STo'rendßer ITwenS to Mr Foredaj'e preraigee. The prison^ was there. I tola hiiti that I sM*peeMi ;

.. n f stealing .a t letter; ..containing a ■r" JI for £18 15s; I told him to be very S^r-1" might"-travß-TO arrpsfc him f re *wj| to see his pocket-book,'at the same to .call on Mr Fereday, as I MliVoliim to be present. The prisoner |h me bis pocket-book, remarking that there --there but what belonged to him. f ß9 fined the pocket-book in the presence of uFeredey, and found in it two letters and ralooe. Mr Bourne was then present, Sd e JrSon« said, " Oh! I did open that letter W.iUianM contended that the evidence \d -net: be. taken. His client was not stealing an envelope. IBs jJonour ruled that the evidence mu?t l>e token* i although he would take a note oi j the ohjec'' oll ' Evidence resumed—Bourne took the enve- j ._« e nd said, "That's the enclosure in which T eeot-the JSIS»" I searched prisoner's coat, j n d afterwards a box used for holding coal. The prisoner said that it was his waste paper w. In,the box I founds quantity of small paper, and amongst them I picked Lt come pieces -which Mr Bourne indentified being a part of the onvelope in which the cheque for £18 15i was enclosed. I pasted M mc of the pieces together. I then arrested fhe prisoner. The prisoner said that it was thelcttera that had done him, and that he had Ajt taken the cheque, but supposed that he TTonld bate to suffer for it. I searched the nrisoner on. taking him to the lock-up, and 3s lOd on him. ]£, W. Ferednyi —I am a solicitor residing jnChristchurch. The prisoner was my clerk £ or6 few months, during which time I had to m> to Wellington. I returned on Sunday, the 27th November. The prisoner was l«ft in the *b!e charge of the office. I told him that my brother Edwin would attend occasionally at the office, and that he was to give him all letters that he received for mc, and that jay brother would open them, and give Jim any instructions that might be necessary. I told prieoner that if any one culled to pay money to mc he should request them to pej it m 7 account at the Bank of New South Wales. The prisoner had no authority to open any letter addressed to mc. On the 28th I received come letters at the office j the prisoner wad present. He gave jne an account of moneys which he said he }md -received and paid into my account. [Account produced and identified]. In the account Mr Bourne is' credited with the £15 paid on the 17th October. I aeked him why he had not got the parties to pay the money into the Bank as I had requested him. U> laid that they refused to do bo, and had left the money with him and taken his receipt. Hβ said nothing about having received any letters. I received some letters from my brother, but there were none amongst them from Mr Bourne. Prisoner did not at the time state in what form he received the £15 from Mr Bourne. On the Friday following I jaw Mr Bourne at my office. I asked prisoner what he had done with the letter containing money sent by Mr Bourne, and he said that he knew nothing about it. I then aeked him vhere the letter was that he had received from Mr Bourne containing the £15 He eaid that he had given it to my brother. I then told him that Mr Bourne had sent a letter containing a cheque for £18 15s, which had not come to band, and he again said that he know nothing about it. Prisoner has never accounted for £18 15s received from Mr Bourne. It has not been paid into my account at the Bank. Prisoner was my only clerk at the time. By Mr Williams—l recollect the day I left for Wellington; it was on a Monday, and I stas at the office early. I do not recollect whether any one was then in the offices cleaning them up. I gave somo instructions to prisoner regarding a Mr Worth, residing on the Coal traok, but J cannot tell what they Trpre. I now recollect that I told prisoner to get money from Mr Worth to pay for (tamping a deed. I wae in a great hurry, Tiaving when I left, and I cannot state whether any one was in the office or not. The box in which the pieces of paper were found was the coal box. My letters were delivered et Mr Ooate's shop; below the office. The key of the office was also kept there, and the Jervant, who cleaned the otßce, or the clerk, had to go there for it. There was a sum of £23 accounted for by the prisoner on the same evening that this occurrence took place. By Mr Duncan—The woman cleaned out my offio * once a week; Saturday is the day appointed. Charles Bourne—l am a fanner at Kolleston, and have had business transactions with MrFereday, solicitor. On the 15th October I posted a letter containing £15 to Mr Fereday. The envelope produced is the one in which the money and letter were contained. I stated in the letter what the cheque was for, and also that I-would forward another cheque for £18 15s. 1 wrote. another letter on the 25th October, forwarding .the cheque for £18 16a on Union .Bank; of Australia. 1 posted the' letter at Holies ton about-four o'clock on thp afternoon on the 26th. The pieces, of paper produced are portions of the envelope which contained the cheque pro-j duced. My account at the Bank has been debited with the amount. I got no receipt for the: £18 15s, or for the £15s. I'was present when the portions of the envelope were found. I wrote no other letters to Mr Fereday. Edwin Fereday.— I. am a brother of Mr Fereday, solicitor. My brother went to Weilingtoason the 15th October, and returned on the 28th. Hβ asked mc to go to the office daring-4us absence to get any letters or papera-that might be left for him. I called wartimes during, his absence. I only received one letter' from the, prisoner, and it was not from Sir Bourne. I received no letters from Mr Bourne or from the clerk during my brother's" absence. The prisoner did not Mcoua£ to. mc for any money received from Mr Beurne. By S|r Williams—Prisoner told mc of five *oms lie had paid into the Bank on my brother's! account, and I told him that he was doing quite right. ['. Stephen W.lElwee—l am a clerk in the "Onion Bank of Australia, Christchurch. The cheque produced for £18 15s was paid at the Bank<m: the 28th October. I cannot tell to whom it was paid at it was not endorsed. George Bull—l am a clerk in the Postoffiee. The. pieces of envelope produced bear the macks of the Christchurchoffice of the 28th October.: The letter would be delivered in Christohurch on the same day. Thi».«tas the <jase for the Crown. Mr $i Fereday reealledj and examined by Mr Williams—l left £7 with the prisoner when I to Wellington. It was for ..wages and petty expenses. When I returned he would lie entitled to £6. Mr J)uncan addressed the Court for the W>wii»- At the time Mr Fereday left for Wellington precise instructions were given to wapnspuer by Mr Feteday, which evidently "*d not been carried out, and one of these *as that he should open no letters. Mr ieredaj had called frequently, been told that there wore no letters. It was very evidenfctbatthe prisoner had received and also o Penedlstters,;a3 he had accounted for £15 which Lad been contained in one of them, wd in-that letter information was given that & fartter.sum of £18 15s was to be forwarded, aad if the .prisoner had opened the one it was that lie had opened the other. -. f %nean then reviewed portions of the endentt;. and concluded by asking the jury to WOTicMbe prisoner.] Ml Wynn Williams, for the defence, urged •W although appearances might ba against J"s ; client, they would find on sifting kLj evi(3ene « that things were not bo trnd a> they looked. It had been shown ™« the prisoner had up to October 28 received several sums of money, all of which ? 9 «■* paid into the Bank, and had been told il rt perßOn left "* cn6r ß e b y Mr Fere(k ? he w aß doing perfectly right. Was it a °gica. conclusion to come to that because on« *j n yelope was found on the prisoner's person of the other in the coal-box, that Jj* prisoner had taken the money. Moreover *j» it likely that if the prisoner wanted to tab «J rooaay-he-would leave doing soJo the d*j wnen M> Fereday returned. Mr Williams, ii tt! er^ ab kj&ddreßß, asked for an acquittal fo: r w ; ■

His Honour summed up at considerable length, and read over the whole of the evidence, j commenting on it as he proceeded. The jury retired for some little time, apd on re entering the Court returned a verdict of j Guilty. Mrs Irving was then examined as to the character of the prisoner. She stated that she had known him from childhood, and that j he had always borne an unimpeachable j cliarai-t^r. His Honour sentenced the prisoner to twelve months' imprisonment, with hard labour. j The Court then adjourned until ten o'clock i this day.