SUPREME COURT.

Press, Volume XII, Issue 1585, 5 December 1867, Page 2

SUPREME COURT.

CSIMINAL SITTINGS. Wednesday, December 4. [Before His Honour Mr. Justice Gresson.l His Honour took his seat upon the Bennh at ten a.m. ASSISTING- AN ESCAPE FnOM CUSTOBr, John Robins was indicted for this offence Mr Duncan prosecuted on behalf of the Crown, and Mr Wynu Williams appeared fc. the prisoner, who pleaded Not Guilty. Air J. Baldwin was chosen foreman of tho jury. Air Duncan stated the case for the Crown and called ' Jamea Reston, who deposed—l qm flj. keeper of the gaol at Lyttelton. I remember the sitting of this Court held in June last William Noon was tried for forgery and utter* ing. He was found guilty, and sentenced to three years hard labour, and was consequently placed in my custody. [The Registrar's certifl. cato of conviction was produood and identified.] I saw Noon in gaol on the 27th October previous to the escape referred to. It was at five o'clock in the afternoon, and at nine o'clock I ascertained that hehad escaped from the gaol. I did not see him again until the 2nd of November, when he was tried at the Be«i« dent Magistrate's Court on a charge of eecapo. [ had no reason whatever to suppose that hie sentence had .been commuted or remitted. When I last saw him Noon on moletkin trousers and a scarlet jumper. Tho clothes were all branded with a broad arrow and the letters L. G. Noon had no authority from mc to leave the gaol. ' J. B. Daltry—l am a milkman in Christ* church; Hive behind the Gasworks, onWilaon'e road. I remember seeing the prisoner on the morning of the 30th of October. Noon was then with him. It was at about a seven a.m. They were on the South Town. Belt, coming past the Catholic reserve. Noon had a bridle in his hand. They went into a paddock that formerly belonged to O'Neil. Robins caught a ,horse that was in the paddock ; it was a brown or bay horse. Noon assisted in putting the bridle on. Noon led the horse out of the paddock, and thay then went in the direction of Barbadoes street. I believe that the horse belonged- to Robins. Noon had a dark coat on, a pair of moleskin or light corduroy trousers, 'and a brown billjcock hat, much worn. The hat produced is very ■much like it. Hie Honour asked if Mr Williams was gouig' to raise any point under tho statute. Mr Williams said that he was. His Honour said that it might; be rased now, so as to save time. Mr Williams was quite willing. His objec> tion was that the indictment was wrongly drawn up. The escape wae already complete, and that the indictment was wrong , , ad h6 was charged as an accessory to the fact. The man had clearly escaped before he received any assistance from Robins. Noon eeoaped on the 27th October, and the prisoner was not seen in his company until the morning of the 30th t instant. The indictment should have been as an accessory after the fact. Mr Duncan said that the statute gave very great latitude, and was very broadly drawn so as to include cases similar to tho one at present before them. The mere fact of a man getting over the gaol wall did not constitute an escape. The man wae at large, but he had not escaped. If Robins had been at Lyttellon witb a boat on the night of the escape would not that constitute an assistance to escape ? and what difference did it make whether assistance was rendered by a boat at Lyttelton or by a horao at afew miles distance. Hie Honour —Then you contend that Noon was escaping until he was recaptured. Mr Duncan- —Undoubtedly. Mr Williams replied, and quoted several cases in support of his views. His Honour said that he felt considerable doubt upon the point. He wpuld allow the case to be heard, and if the verdict should be aguuet the pr'noner he would allow him to be at large under bail until the point had been settled by the Court of Appeal. Examination continued—l could identify Noon out of a thousand. I have no doubt but that it was Noon who was with the prisoner. When I first h&w them they wers coming from the direction of Colombo stteet. By Mr Williams —It wae broad daylight sfc the time. I knew Robins previously. ;i .was not at aIL surprised at seeing Robins out early in the morning. I never saw Noon before. There was nothing particular or peculiar in their appearance. James Todd—l am a carpearer, residing in Colombo street, and live near the public pound. I remember seeing Robins between six and seven one morning in Ootober. I saw a man near Robins, and he asked ma if I had seen a bay horse. I told him that I had not seen any horse. I afterwards saw the man at the Police Court. Hβ was Noon. Prisoner was two or three chains t away ehaking his chimney-cloth. John Nicholas—l am barman at the Prince of Wales hote , ., at the corner of St. Aeaph and and Colombo streets. Noon and the prisoner were together at the bar of the hotel about seven o'clock on the morning of the 30th October. The had two pints of beer. Noon paid for it. They had no horse with them then. Noon had a bridle, and went away first. I did not hear them say anything about a horse. Robins stayed for about five or ton minutes afterwards. Noon went towards the Town Belt south, and Robins when jie left went up Colombo street north. Noon returned in about half an hour. He was then on horseback. Tho horse wae c dark bay one. He stayed about a couple of minutes. Kobins afterwards returned about ten or twelve minutes afterwards. He enquired whether Noon hud returned. I said.that ha had, and had gone again. Robins then said that he should like to see ljim, as he had lent him his horde. Noon had on a black pilot* cloth coat. The coat produced is not the one. I did not notice the hat. The trousers produced were also worn by the prisoner Noon, when he left to go down Colombo etreet south, and Robirte up the street. By Mr Williams—Robins seemed anxious about the horse, as he wanted to go a journey. John Power—l keep the Crown Inn, Christchurch. I remember the 30th October last. I saw the prisoner on that morning between ten and twelve. He asked if I had seen c tasa ride past on horseback, and I said that I hoa not. I asked him if he knew the man thas he had ient the horso to, and ho said he did* He did not say how -long ho had known hi ol ' James Dodd—l|ani a publican, and keep w> 9 Glasgow Arms. I know the priwafflf B«W

ii—- three doors from my house. I caw -JrfTthe mprniqg, October l M t, I? half-pWet'eeven a.m. He was with abo t U ,L. man that I dEt not know. I cannot to°he man that was with Robins The is similar to the one the m*m -They had two half-pinte of colonial trou9erß produced are something ''&f those on the man. The hat produced i.« like the one he had on. I did not see his I" y g „<■ had his hat pulled over his eyes. T D Jones—l am a grocer, in High street T know the prisoner Robins; he lives about L ntv varde from mc. I saw him on the Vninff'of the 30th October, about seven "'took. He wee in hie yard at the back of °ti house. There was a man with him, etand- : k y a horse. I cannot swear that I have wn the man since. The clothes produced are ?1 those he was wearing. The men appeared rf jj 0 gaddling a horse. The man rode out "Tito the street, when the horse reared and the orieoner took the horse by the bridle. Robins then spoke to mc. He told mc that the man .i j og t B orne horses. Bobine said that he did not know the man's name, although he h/A geen him before. I have seen dark coloured clothes lying on the ground between Bobine's premises and my own, but I cannot that the ones produced are the same. The next morning I told Robins that Noon had been captured, and he said that he would not hare let him have had the horse if he had known it. I have frequently known Robins lend his horse to other people. Henry Lewis —I am a publican, keeping the Glasgow Arms. He frequents my house. At the time Noon escaped I read of it in the newepapers. I have no recollection of having had conversation with the prisoner about Noon. I don't know whether Robins knew Noon. John McCann —I am a police constable. I remember the 30th October last. From information received I went on that day in search of Noon. I arrested him ; he was on horseback. The horse, I afterwards found out, belonged to Noon. Noon had on the clothes produced. He had the prison dress on inside Ike other clothes. The prison brands were on the shirt. The brands were quite visible when the coat was removed. " \ By Mr Willians— l vras present when the trousers were taken off. I did not observe whether the trousere were turned inside out or not I could see the brands on the trousers. W. S Pardy—l am eergeant-mnjor of police. I gaw Noon atjthe lock-up on the 30ih October. Bobine afterward came to the depdt. He j came to Inquire about a horse that he aaid he had lent to Noon. He claimed the horse as his. He said that he knew Noon in Dunedin casually. He told mc that Noon had been at - his boueo that morning, and that he had exchanged hats with him. I went to prisoner's house, and his wife told mc in hie presence that Noon had come there that morning and wanted a wash, and she told him to go into the yard and wash. He washed himself, and shortly afterwards went away. By Mr Williams —Robins stated at the depßt that he only lent the horse to go to the pound. fe Robert McKnight—l am sergeant of police. I have been two years in Christchurch. I was previously in the police force in Dunedin. I knew the prisoner Robins in Otago. I also knew Noon in Otago. Noon was barman at the Crown hotel, and I have seen the prisoner frequently in and out of the house. This concluded the case for the Crown. Mr Wynn Williams, for the defence, urged that Robins had lent Noon the horse for the nurpoee of bringing in some horses from the pound. There was no evidence to prove that Eobins knew that Noon was an escaped convict. In fact they were seen about together in broad daylight visiting public houses, and walking about the streets. If Robins had meant °to have lent Noon the horse for the purpose of escape he would have lent it to him j at night, and told him to make off with it, and would not have allowed him to take it all over the town. The Crown had not even proved that Robins knew that Noon had ever been in prison at all. Mr Williams reviewed the evidence at considerable length, and concluded by asking the jury to acquit the prisoner. His Honour eummed up, and read the whole of the evidence, commenting on it ac he proceeded. The chief point for the consideration of the jury was whether or not ■when, lending the horse the prisoner was •ware that Noon was an escaped convict. The jury retired for a few minutes, and on .returning into Court gave a verdict of Not Guilty. ASSA.TTLT "WITH INTENT. William Travere was indicted for this offence. Mr Duncan prosecuted for the Crown. Mr W. Wilson was chosen foreman of the jury. The prisoner pleaded Not Guilty. Mr Dunoan stated the case, and called evidence "uTaupport of the charge. Hia Honour summed up, and the jury found a verdiot of Guilty of a common BBSault. HjThe prisoner said that he was innocent. His Honour said that he quite concurred in the verdict, and after commenting severely on the" disgraceful conduct of the prisoner, sentenced him to six months' hard labour. ATTEMPT TO STAB. John Jameson was indicted for this offence. Mr Duncan prosecuted for the Crown. The prisoner, who was undefended, pleaded Not Guilty. Mr Baldwin was chosen foreman of the jury. Mr Duncan stated the case, and called ~ George Beattie, who deposed—l am sergeant of police. On the morning of the let December the prisoner was delivered into my custody by Francis Hooper. I received the knife produced from the prosecutor. The prisoner was'sober, but had the appearance of Saying been recently drinking. The charge - preferred was that of attempting to stab. .';: Francis Hooper—l live in Madras street Siopth. I remember the 2nd December. I was ftflroke between one and two by Mr Markham, one'of my boarders. I put on my trousers and let; Markham in. As I let him in I heard «ome one in the garden. I went out and saw prisoner inside the garden gate. I asked what he! wanted, and he did not answer mc. 1 ordered him to go away, and he would not '" fctawer, but did not go. I told him that if he »ould not go I would push him off theipretnises. I then took hold of him, and pushed him outeide tbe gate. He then struggled with Si?,'and'in so doing I saw him pat his band ia: his pocket. Hβ drew out a knife. He raised his "hand as if attempting to strike mc wifh it, at the sama time saying that he would do for mc. At that moment Mr Everest came out in his night-shirt with a stick in his Jjand, and struck prisoner on the head. Wβ then threw prisoner down, and I took the knife produced from him. Wβ then took prisoner to the depdt, and gave him in charge. lam sure the knife was open when prisoner attempted to strike. By Prisoner —Everest told mc that you *ere at the gate. He said that you had asked the way to Christchurch. I went back, and let the dog loose. The dog was at the gate. It was not particularly dark at the time. I did not hear you say that you would be obliged to use the knife to the dog if I did

not call him off. By the Court—The prisoner was sober, but had the appearance of having been drunk eoine (ime before. I loosened the dog in oonlequenre of prisoner not going away. By Prisoner—l did not set the dog on you. Henry Everest —I am a clerk in the Union Bank at Christchurch. I lodge with the last witnees. On Sunday morning I was awoke about half-past one. I heard Mr Hooper challenging prisoner. I heard prisoner making use of oaths and threats, and tiwraght that probably Hooper would be overmatched. I got up and armed myself with a stick, and went out. I found Hooper and the prisoner struggling. I saw prisoner lift hie hand with something shining in it. The knife produced is the same. I struck prieoner eeveral blows over the head with a Stick. Hβ seemed to stagger, and we then poshed him down on the footpath. He appeared overpowered, and I stood back from him. Prisoner then turned round and made two thruate with a knife at my legs. I then eteoofc him again, and he put the knife behind

hira. I then put my knee on his throat, and the knife was ultimately taken from him. We then took prisoner to the dep6t. By the Prisoner —Mr Hooper had hold of you "when I struck you. I did not hear you ask what we were doing until we were taking yon to the lock-up. I heard you swearing, and saying that you would do for Hooper. I did not hear Hooper set the dog on you. The dog is an oil bull-and-mastiff, without any teeth. You had plenty of time to go away before the dog was let loose. This was the case for the Crown. The prisoner called several witnesses, who testified as to his general good conduct. G H. W. Markham, examined by prisoner —I saw you standing outside of the gate. You asked mc the road to Chrietchurch. I did not answer. I went round and knocked at the door. I did not hear you say anything to Mr Hpoper. Mr Hooper did not tell you the way, but he asked you what you wanted. I did hear Hooper say that he would soon make you go. Hooper went inside, and let the dog loose. The dog ran past you into the road. I was inside when the scuffle took place. I did not see you attempt to injure any one. The prisoner, in his defence, stated that he had not been able to employ counsel. He hoped that they would take notice of the contradictory state of the evidence which had been brought against him. He arrived in the afternoon from Halswell, and had something to drink, and laid down and slept himself sober. On getting up he saw the Inst witness going into the gate, and had asked the road to Chrietchurch. He was refused an answer, and in its place the dog was set on him. He pulled out his knife to protect himself from the dog, which ran a-*ay, and whilst he had the knife in his hand the scuffle took place. He never meant to strike either the prosecutor or any of the other witnesses with the knife, which was never opened, although he was himself much beaten about the head with a stick. His Honour summed up, and the jury returned a verdict of Not Guilty. His Honour said he hoped that the present would be a warning to him for the future, and admonished him as to his future conduct. The Court then adjourned till Monday, the 9th instant, when the civil cases will be heard.