SUPREME COURT.

Press, Volume XIX, Issue 2708, 4 January 1872, Page 3

SUPREME COURT.

CRIMINAL SESSIONS.

Wednesday, Janttaby 3.

his Honor Mr Justice Gresson.] The Court opened at ten a.m. . larceny.

John Moorhead was indicted for having on Bth day of July last stolen a cash box containing-money, from the house of Jacob Dunford, at the Rakaia. .

The prisoner who was undefended, pleaded Not Guilty.

Mr G. Booth was chosen foreman of the petty jury.

Mr Duncan having stated the case to the jury, called the following evidence.

Harry Feast—-I am a detective constable at Christchurch. I remember the Bth September last, From information received I arrested the prisoner, and told him he- was charged with stealing a cash box, containing •about £60, from tie toll-house at the Rakaia, in the month of July. The prisoner said he knew nothing about it. I told him I had got possession of a Bank of England £5 note which I had traced to his possession, and also that it had been in the stolen cash box. The prisoner said, he had bought that note from a new chum at the Selwyn and had given him £2 for it. I: received the £5 note from Mr Eobt. Beattie of the Warwick, hotel, on theTtn September, the day before I arrested the prisoner. In the month of July on the 11th, I had occasion to be at the Rakaia. I saw- the prisoner there. I had a conversation with him about the cash-box which had been stolen. He told mc that he believed Davy Forbes had taken the money, and that ft was hid in the scrub or sand about there somewhere. Tae prisoner, ;with others, helped mc to search about the scrub. He accused Forbes to his facer inmy presence of taking the cash-box. I asked the prisoner ■where he was on the night of the robbery, and he told mc that he slept at Shearer's and that he went to bed early. I had two or three drinks with the prisoner, he did not pay for them, as he said he had no money. Bobert Beattie—l am a publican in Christcharctu . I know the prisoner. I remember the 12th August last. The prisoner came to my house from the Rakaia on that day. He gave mc a £1 note, and «aid he would stop till Monday. This was on the Saturday. After this he gaee mc a pocket book con-; taining £18 and a Back of England £5 note. The 4»18 was made, up, I believe, of two £5 notes, and the rest £1 notes. The Bank of England note produced is the same. [Note produced.] The prisoner told mc he wanted to get it changed. I asked him where he got it, and he said from a man named Jack McGuinness, at the Bakaia. I settled up with the prisoner on .the 2nd September. I gave him back * portion, of his money, he paying mc £6 he owed mc. Amongst the money I gave him was the £5 Bank of England note. On the 6th September he came to mc and told mc he had left the £5 note at Seabrightfe, the Zetland Arms. He said he owed 3s on it, and he wanted mc to lend him the 3s that he Blight get b&ckt£e nose, J geh-Vhim tho

"SHEuTIBe , broughtine and gave it to mc, saying, .?I -have'•written my name on the back of it." He asked mc to scratch his narneipff and try and'get it cashed. I declined to do so, telling kirn if he wanted it cashed he must do it himself. The next day. the 7th, Detective Feast came up to my place and I gave him the Bank of England £5 note. Prisoner told mc before he went up the country he had no money. He eaid he was going to Lake's at the Rakaia.

By the Prisoner—You told mc the Bank of England note was in the pocket-book when you gave it to mc.

Charles Lake—l am a carrier at the south bank of the Rakaia. I know the prisoner by sight. He was in my service for about nine weeks. He left my service about Jane last. When the prisoner left my service I do not kuow if had any money. After he left he asked Mrs Lake for money, and she gave him os at two different times. I never saw the prisoner with money. I never saw the £5 note produced before. I did not give it to the prisoner.

By the Prisoner—l knew you had a horse while you was with mc, and when you left I do not know whether you had to receive any hire for your horse.

Thomas Walter Shead—l resided at the South Rakaia in the month of July last. In the month of June last I had a Bank of England note in my possession. 1 got it from a young man named Edward Norrie. I changed it for Norris, and then gave it to Jacob Dunford, receiving change for it. I gave it to Dunford at his own house, the toll-house. I saw him put it in his cash-box. This was about the third Saturday in June. I identify the note produced as the one I gave Dunford. I know the prisoner. He was lodging at my house 3bout the beginning of July. I remember hearing of a robbery at the Rakaia toll-house. I heard of it first on a Sunday morning. On the Saturday afternoon previous, the prisoner was at my house. He remained until after tea time, and he then went out about seven o'clock. I did not see him again till ten o'clock on Sunday morning. To the best cf my knowledge he did not sleep in my honse that night. The toll-house is about 100 yards from my house. The prisoner had no money at the time he was at my house, as I had asked him for money, but he told mc he had none and that he was waiting for his wages from Lake. I had several conversations in the prisoner's presence relative to the Bank of England £5 note after the robbery. I said I could identify the Bank of England note, and also a cheque which was amongst the money in the cash box. On Sunday morning I asked him where he had been the night before, and he replied " Oh, I have other places to sleep besides here." He did not say where he had slept.

By the prisoner: The front door of my house was never locked. You were in the habit while at my house of sleeping away occasionally.

By the Foreman: The prisoner never said anything to mc about expecting any money for the hire of his horse.

By the Court—l know a man named Jack McGuinness. I have known him for eighteen months. He has been here more than eighteen months. I think he has been in the colonies for a long period. He has been in New Zealand more than eighteen months to my knowledge. John McGuinness—l am a laborer. I have been working on the railway for some time. I am known by the name of Jack McGuinness. I have seen the prisoner. I think I saw him at the Rakaia about three or four moaths ago. I came from Dunedin some time back, and I saw prisoner at Mr Shead's Boardinghouse, at the Rakaia. From Shead's the prisoner and myself went to Mr Derrett's, on the Selwyn. Before leaving the Rakaia, I heard of the robbery which had taken place at the toll-house there. Prisoner and myself parted company at Derrett's. I saw the prisoner have some paper money. He changed a £1 note at Mr Derrett'e, and he must have had three or four more, but I am unable to say the value of them. I gave the prisoner no money. I did not give him the £5 Bank of England note produced. I did not take sufficient notice at the time to say whether it was amongst the money.

Godfrey Lichfield —I am a horse-dealer residing in Christchurch. In September I was residing at Beattie's Warwick Hotel. The prisoner was there. I had a conversation with him, and asked him to have a glass of beer at the Golden Age. He said, " I have got a £5 note, and I want to get it changed." I looked at it, and saw it was a £5 Bank of England note. 1 asked him where he got it, and he told mc from Lake, I understood him to mean Charles Lake, of the Rakaia.

By the Prisoner—l have known you for twelve or fourteen years. I knew you in Victoria, as having, teams and plenty of money. I always found you to be a hardworking man. I never knew you short of money. Jacob Dunford—ln July last I was in the 'employ of Mr White, at the South bank of the Rakaia, as toll collector. The toll house is on the South bank of the Rakaia. I lived there. Davy Forbes lived with mc. I placed the money collected for tolls in a cash-box, and the cash-box was kept in a desk in the dwelling-house. The desk was unlocked, but. the' cash-box was locked. I remember the nighj; of , Bth July last. It was on Saturday night. I left the house that night in charge of Forbes. I left the cash box in the desk. It contained between £50 and £60, made up of one £10----note, £5 Bank of Englandnote,£singold,and the remainder in silver and single notes. There was also a pocket book and a money bag. I saw all this in the cash box shortly before I left on the Saturday evening. I left about six o'clock. I did not return until about half-past ten on the Sunday morning. The cash box was then gone, and the contents. I know the prisoner. He knew where I kept the cash box, as he had seen mc putting it into the desk often. I could not swear to the Bank of England note again. I got it from Shead. That is the same note I placed in the cash box. David Forbes —I was at the Rakaia for four weeks. I recollect Mr Dunford leaving mc in the hut alone on one Saturday night. He was away all night. The dogs were barking furiously that night. I got up to pacify them, and looked to see whether there were any cattle about. After this I went back to bed, and slept till seyen o'clock the next morning. The door was not fastened; it was a common latch. I have seen the prisoner two or three times at the hut. I did not see him before the night when the dogs were barking. I bad no conversation with him about the cash box. He, accused mc. of taking the cash box, and I heard him do so. He said him and mc could go and find it in half an hour. I saw Mr Dunford open the desk on the. Sunday mprning, and the cash box was ! not there. I saw Mr Dunford take out some money and place some in the cash box, and put it in the desk before he left. i By the Foreman—l -was sleeping in the ! .same room that the desk was in. This closed the case for the Crown. Hip Honor having summed up, the jury returned a verdict of Guilty, at the same time expressing their opinion that there was manifest carelessness on the part of Dunford in leaving the cash box in so exposed a position. ■■,';•■ Hie Honor said that there was no doubt that there had been great carelessness. . His Honor then sentenced the prisoner to I three years' penal servitude within the colony. ASSAULT ON A CHILD. John Aitken was indicted for having or the 22nd day of September last attempted tc carnally know a child named Annie Middle ton of eight years of age. There was also i second count, charging the prisoner with ar indecent assault upon the same child. The prisoner, who was undefended, pleadec Not Guilty. Mr A. Dyer was chosen foreman of the petty jury. Mr Dnncan having briefly stated the ca« to the jury,.called evidence in support of tin charge, which is totally unfit for publication His Honor summed up, and the jury, afte: a short retirement, returned a verdict o\ Guilty on the second count) viz., that of th< indecent assault.. The prisoner called the following evideno as to character. Frederick Henry JieiTiUe Walker examinee

by the Court— J know .the--prisoner. I have known him for r about two years. His general character was that of a very eteady man dnring the tiraft he was working for mc, and the'last-man I. should l&ve thought to have been brought up on a charge of this character. He was working for mc for about two years. He was generally speaking, sober. I never saw him. intoxicated when at work. . His Honor said that he would reserve the sentence until after the adjournment. The Court then adjourned for half-an-hour. On the Court resuming His Honor said that he would have to take the opinion of his brother judges as to his direction of the jury that it did not matter for the purposes of an indictment for an indecent assault whether the consent of the child or not was given. His Honor then directed that the prisoner be removed, and brought np at the end of the criminal sittings. The prisoner was then removed. FORGERY AND UTTERING. William Ellison Burke, was indicted for that on the 17th day of August 1871, he did feloniously forge and utter a bill of exchange purporting to be accepted by Thos. I. Joynt, of Christchurch, solicitor, for the sum of £44. The indictment contained a number of counts. The prisoner, who appeared to feel his position most acutely, was undefended, and on his arraignment pleaded Guilty. The prisoner was then arraigned on a further indictment, for that he did on the 14th August 1871, forge and utter a bill of exchange for £47, with the intent to defraud one R. W. D'Oyly.

The prisoner on this second arraignment pleaded Guilty also to this charge.

The prisoner was further arraigned on a third charge of having on the 19th day of August 1871, forged and uttered a bill of exchange for £40, purporting to have been accepted by one J. L. Fleming, with a view of defrauding the said J. L. Fleming.

The prisoner on his arraignment pleaded Guilty to the third charge.

The prisoner on being asked what he had to say, said he had nothing to say, but he desired to call witnesses as to character.

The following evidence was given on this point:— ■ .. . Alexander Back—l am sheriff of the province of Canterbury. I have known the prisoner for twelve years. He has acted as my bailiff for several years since I have held the office of sheriff. He was strongly recommended by my predecessor. He has had in his custody and power large sums of money, which he has always instantly accounted for. My opinion of his character was a very good one, and "1 cannot account for his having fallen into this dreadful state. My opinion was not changed up to the time of this occurrence, the prisoner holding the appointment of sheriff's bailiff at the time.

His Honor—William Ellison Burke, the charges to which you have just pleaded guilty are of a most heinous character, and it is exceedingly painful to mc to find a man receiving such a character as you have just received from the Sheriff placed in the disgraceful position ia which you are placed today. You are probably aware that I might have passed a sentence on you which would have incarcerated you for the remainder of your life, but I hope —-although I have no clue to the motives which could have i lduced you to commit such a series of crimes as you have pleaded guilty to this day—that the remorse which you now feel and which you will no doubt feel during the time of your imprisonment will lead to your reformation. I say I hope so, and it is under that hope that I shall pass a lighter sentence upon you than I otherwise should have done. The sentence of the Court is that you, William Ellison Burke, undergo penal servitude within the colony of New Zealand for four years on each of the charges, but the sentences willrun concurrently, thus you will only be incarcerated for four years on all the charges. The prisoner may now be removed. The prisoner was then removed. OBTAINING MONEY UNDEE FALSE PBETENCES. John Read was indicted for having on the;Bth November, 1871. falsely represented to one Edward Eli, that a.watch chain ±hen in the prisoner's possession, was of Greymouth goldj and worth £4. The prisoner, on his arraignment, pleaded Not Guilty, and was undefended. Mr George Brooke was chosen foreman of the petty jury. Mr Duncan having briefly stated the case to the jury, called the following evidence :— John am a constable of the armed police force etationed at Lyttelton. I remember the 14th November last. From information I received, and acting on a warrant, I arrested, the prisoner. I received a watch chain f rotei the prosecutor Eli which I produce. [Chain produced.] I arrested the prisoner on the charge of obtaining money under false pretences, and cautioned him in the usual way. He said nothing. Edward Eli —I was barman at Leslie's hotel, Lyttelton, in November last. 1 remember Wednesday, November Bth. The prisoner gave mc a watch and chain in charge to look after. I lent him £1 on the watch and chain. He had borrowed money of mc before this to the amount of 15s. When I gave him the £1, I told him he must return the money ia the morning. He then gave mc £1. and he asked mc to Teturn the watch and chain. I gave him back the watch and chain. In the course of conversation I asked him if the chain was gold, and he said it waa made of Greymouth gold, and that be would sell it to mc. He said that he had had it made by Mr Broadbent, the jeweller at Greymouth, and that it was worth about £4. He said if I wouldgive him £2, in addition to the los. he owed mc, he would give mc the chain. He assured mc that it was gold, and on the faith of that I gave him the £2. I kept it for about three days, when I took it to a jeweller, acting on what I heard in the bar. The name of the jeweller was Parker; he did not try it, but I took the chain 'myself to Mr Ellisdon the chemist.

By the Prisoner —It was on the second day of the races that I got your watch and chain, about three or four o'clock, as near as I can recollect. You came to mc the next morning about eight or nine o'clock, to get the watch and chain back. When 1 returned you your watch and chain I asked you if it was gold. I don't recollect asking you to sell the watch and chain. Ido not think that you pressed mc to try the chain. I bought it because you -stated to mc that it was Greymouth gold, and that you had had it made by Mr Broadbent. You did not tell mc that you did not care about selling tb,e chain and watch apart. I did net value the chain anywhere. On the Saturday I discovered that the chain was no good ; that was two days after I bought it. I did not trouble to find out the value of the chain before I was told of it, because I took your word, for it. Prisoner told mc it was worth nearly £4. Ido not remember your telling mc the weight of the chain. I paid you for the chain ; I gave you two £1 notes. I gave you into custody on my own account. I have been in business as a general dealer.

By the Court—l would not have given him the £2 for the chain if he had not assured mc that it wag Greymouth gold. James M. Parker—l am a watchmaker and jeweller,.residing in Lyttelton. I know the prosecutor. In November last the prosecutor brought mc a watch-chain. I identify the one produced as the chain to the best of my belief. That is not a gold chain. The chain is worthless, being made of base metal —wQrtt* perhaps, it new, about 2s 6d. By the Prisoner—The chains.like that are made by machinery, and very rapidly. This closed the case for the Crown. The prisoner called the following evidence as to character: — Bichard Frew —I am a congtable in the Armed Poljce Force, I have known the prisoner for about eighteen months. He was a waiter in an hotel at Hokitika. I have not seen him. for about nine months. When I knew him on the West Coast he had a very good character for industry. The prisoner declined to make any statement. His Honor summed up, and the jury retired to their room. Tiie jury, after baring retired some time,

returned into Coartrto ask his Honor's direc- < tion on a. point j_n the case, ■- _.-.

The foreman said that the jury wished to know how long the prisoner had had the chain in his possession., -

His Honor "said he did hot see Bow that would assist the jury in coming to a decision, besides which it was impossible to get it, owing to the fact that they could not ask the prisoner a question.

The foreman said the jury were in this position. They were not sure iv their own minds whether the prisoner knew at the time he sold the chain to the prosecutor, that it was not gold as represented by him.

His Honor said that the prosecutor in his evidence had sworn that the prisoner told him that it was manufactured.of Greymouth gold, and that he had purchased it of Mr Broadbent, a jeweller there. Of course if the jury could not make their mind up that the prisoner did not know that the article he was selling to the prosecutor was not gold, and that he believed the statements he was making, they would be bound to acquit him of the false pretences. [Ii is Honor then read portions of the evidence of the prosecutor bearing upon the point raised by the jury.] The jury then again left the Court, and after a short retirement, returned with a verdict of "Guilty."

The foreman also said that the jury wished to express their conviction that the prosecutor was much to blame in the matter.

His Honor enquired in what manner the jury considered the prosecutor to blame. The foreman said in purchasing an article said to be worth £4 at £2 los.

His Honor said he could not agree with this view, as an article might deteriorate very much from its original value.

The prisoner on being asked what he had to say, declined to make any statement.

His Honor sentenced the prisoner to nine months' imprisonment, with hard labor.

The prisoner was then removed,

The Court then adjourned until ten o'clock this morning, when the case of Regina v. John Smith, for larceny, will be proceeded with. The Grand Jury will meet at eleven a.m. for the purpose of considering the bill in the case of Eegina v. Joseph Brunt, for forgery, which is the only remaining case.