SUPREME COURT.

Press, Volume XLVIL, Issue 7718, 25 November 1890, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Monday/, November 24. (Before his Honor Mr Justice Denniston.) The quarterly criminal sessions were open at 11a.m. The following gentlemen 'were empanelled as a Grand Jury. Messrs G. G. Stead (foreman), E. M. McDonald, E. B. Withy, F. Waymouth, C. G. Bowen, C. W. Turner, B. Steele, J. Forester, G. Gould, F. Graham, H. Adams, J. Henderson, M. Bowron, A. F. N. Blaktstbn, J. Hurst, J. S. White, R. Struthers, A. W. Bennetts, J. Trent, E. F. Dombrain, C. Louisson, J. T. Matson, jun. An apology was accepted for the absence of Mr S. Sinclair, who nad made arrangements to visit Australia before he was served with the summons.

His Honor then addressed the Grand Jury, saying that, though the charges on the calendar were not numerous, yet almost all were of a serious character, or rather of a serious class. The majority of the cases would present no difficulty to the jury, many of whom were magistrates and used to taking and considering evidence, but there were one or two cases to which he wished to draw their attention. He then spoke at some length on the cases of Jas. Adams, a captain o£ a vessel, charged with shooting with intent to maliciously wound, of Alexander Cowan, cabman, charged with manslaughter; of Lily Ella Patten, charged with concealment of birth, and of William Dennison, charged with assault and intent. The other cases were of the usual nature. The Grand Jury then retired to consider the various cases. TRUE BILLS. True bills were returned in the following cases:—John Williams and Albert Payne, larceny from the person; Timothy Kelleher, indecent assault; William Manders anji Henry Ernest Perry, breaking into and stealing (two charges); William Dennison, assault, with intent to commit a felony; Mary Doyle, William J. Lee and Michael Dooley, assault and robbery ; Jas. Adams, shooting with intent. NO BILLS. No bills were returned as under:—Lilly Blla Fatten, concealment of birth; Alexander Cowan, manslaughter. LABCKNY. John Williams and Albert Payne were indicted for that they did on the 15ch August, 1890, steal from the person of James Lemon, a pocket-book containing £40, and Williams was further charged with having received £20 of the £40, wellknowing the same to be stolen. Prisoners pleaded not guilty. Mr Martin appeared for the prosecution, Mr Joyce for Payne, and Mr Beattie for Williams.

Mr Martin, in opening the case, pointed out that the jury could, if they so thought fit on the evidence, convict tne prisoners generally of larceny, or they might convict Williams for receiving stolen property and Payne for larceny. James Lemon repeated his evidence in chief. In cross-examination by Mr Beattie he did not remember shoutiue; at. the White Horse for Williams. Hβ knew very little of what passed as he was very much the worse for drink. Mrs Savage told him of the robbery. Mr Joyce anted no questions. Eliza Savage, proprietress of the White Horse hotel,'iuam street, deposed to witnessing the robbery, Payne taking the pocketbook from Lemon's - left breast pocket and handing two single notes to Williams. Prisoners were sober, but prosecutor was drunk. Payne also tendered a note to Mrs Savage, saying, "Takedrinks out of that." She re- . plied,'" No; this is a £10 note. Hand mc up that money. Come, give it up; ib belongs to that man. I won't have that sort of thing here." The money was eventually handed to her. It consisted of three £10 notes. A fourth and the book Payne put back into Lemon's pocket. She took the book from the pocket, saw there was another £10 note in it, said ehe would keep it, and did so until Lemon was sober. To Mr Beattie- Lemon paid in silver for a drink for aIL They had an argument about the payment for the next drink. She did not hear Payne say to Williams, " This man has money." Payne and Williams handed up the money when, she asked for it. Payne did not say "You had better keep this cash." Williams said "Shall I be in this case," and witness answered " Yes." To Mr Joyte—Lemon paid for and only had one drink in her house. Other drinks were ordered by Payne, who handed the £10 note ia payment. She did not give 18s in change to Lemon for a £1 note. She gave Lemon no silver. She heard Lemon say he had no money. She did not say "Now come on, you rascal, you know you have money." Other evidence for the prosecution was given by William Smith and Detective SobertNeilL '..... . ' ,• This concluded the case for the Crown. Mr Beattie called the prisoner, John Williams, who said he went to the hotel because he was asked to have a drink, he thought, by Payne, but not sure; At the hotel, Lemon, who was a stranger to him, paid Is 6d for drinks. Two shillings were wanted, and Payne paid for his own after some dispute. A second lot was called lor., Payne was away. He came in and said, "Who's shouting now?" Witness said "This man." pointing to Lemon. "Are they paid for?" said Payne. "Don't know," said Williams, "Ask the missis ?" " Come, old man, pay for those drinks," said Payne. "I haven't any money," answered Lemon.. " Oh, yes you have, chimed Iα the landlady." Payne then said, " Look in your book, old man." The man pulled out his book and fumbled. Then Payne took the book without any bad intentions, removed a note, and tendered it for payment. Payne held up some notes, and said "Look, the old 'uns got no money." Williams took some, and then Mrs Savage began calling out about a robbery. "Oh, for God's sake, take this," said Williams, and he handed over his money to her. He remembered nothing more. He was pretty drunk all day. Detective Neill visited Williams, who did say he went to the hotel for a certain thing, but he did not mean anything, nothing dishonest, no dishonest intentions. To Mr Joyce—Williams said there was a dispute about some change after the note was presented in payment. Mrs Savage was a. little bit annoyed. , Cross-examined by Mr Martin—He recollected well all he had said. He was recovering when he wen cto the hotel. He was a little shaky at the Resident Magistrate's Court. He could not say whether the statement he made now or the one then was the true one._( Statement read.) Yes, that was true. What he had said now he had remembered. He had been on bail since his committal. He did not go down the passage with Lemon. He first saw the pocket-book during the dispute. He did not recollect Payne opening the book on his knee. Witness held out his hand for curiosity, just to see what was in the pocket-book. (L&ughter). Payne was sworn, and deposed to being at the White Horse, where each had a drink, ordering their own. Lemon paid Is 6d and witness paid the balance. They talked with Lemon in the passage about payine for the other drink, and he said he had no money. Witness went away, washed himself, and went up town. He returned and found them arguing over drinks ordered during his absence. Mrs Savage more than once said " He's got money; he engaged a bed here last night. Come on, you rascal, I saw the money last night." Lemon took out his pocket-book aad gave it to Payne, who laid, " I'll pay the drinks." Witness took three £10-notes wrapped together, and handed one to Mrs o&vage. "Look, the □aan said he. had no money," said witness, and then Williams took two notes, looked ax, them, and handed them back. Mrs Savage in the meantime changed the note and gave IBs change. Witness said it was wrong; the note was a £10 one. She said she knew what she was doing, took the 18s, which was returned, and said she wouldn't have robbery in her house. He took the other two notes, handed them to Mrs Savage, and put the book back into Lemon's pocket. He saw nothing of another £10 note.

Witness repeated most of hie evidence to Mr Beattie. . To Mr Martin—He did not think Williams was sober enough to be relied upon. He told Williams they had money. He never said to Lemon " Come, pay for the drinks; you've plenty of money; look in your book." Williams was drunk, and he (witness) was sober. He stayed with Williams some nights, and somewhere else other nights. Mrs Savage's story was different to his. There had been no robbery, and there was no occasion for Che remark of Mrs Savaee. Counsel having addressed the jury, his Honor summed up. The Court adjourned at a quarter past one, when the jury retired, for an hour. After an hour and a half had elapsed the jury came into Court, and his Honor asked if there was any reasonable possibility of their agreeing to a verdict. The Foreman answered that he did not thinkso. and the jury again retired. They •»fcurnedi a.t 4ffi* lium flffllfariwiftfl %*>»{*"

verdict of "Not guilty* in respect of both prisoners. The accused were then discharged. BUBGLABY. William Manders and Henry Ernest Perry were indicted for that they did, on the 22nd September, 1890, break into the warehouse of J. M. Lake and steal therefrom a quantity of boots and other goods. Manders pleaded guUty, and Perry not guilty. Mr Martin appeared for the prosecution, and Mr Joyce for the prisoners. He said that he wished to address the Court oa behalf of Manders.

Mr Martin explained the nature of the evidence he should bring forward, and the case proceeded. Evidence was given by Mrs J. M. Lake, W. T. Lake, E. R. Crow, T. Chitty, Detective O'Connor, Mrs B. Hobbe, Mrs Haddrell, and Mrs Cook. This concluded the case for the prosecution.

Mr Joyce called the prisoner Perry, who denied any knowledge of the boots, stated that at no time was he present with Manders when he entered Lake's factory. Witness had; never broken into the place. He saw nothing of Manders from 9 o'clock on the Sunday morning until the time of his arrest. Witness said nothing to O'Connor about having been at the factory. Cross-examined—He sawMandera on the' Saturday evening. They were together until 3 a.m. on the Sunday morning. Witness did not leav3 the house. He went to bed at 4 a.m., got up at 8 o'clock, and Manders returned at 9 o'clock. Manders went out again, and witness saw nothing more of him. Witness earned his living by general work. He had known Manders for two months. Was not his mate. He went to live at the house with Mrs Cook, , with whom he had been acquainted. He was, not a locksmith, and had never took the centre wards out of keys. At about 2 a.m. he and Manders visited the batcher's shop. . , Mr Joyce submitted that there was no evidence against Perry. His Honor then summed up the cane, after which the jury retired. The jury, after half an hour's consideration, found Perry " Guilty." The, accused were further charged with taking goods from the warehouse of R. K. McDougald. Accused pleaded " Not guilty." His Honor said that the Crown would not proceed with the case, and he would ask the jury to formally find that there was no evidence.

The jury found accordingly, and his Honor said, he should reserve the sentence until the following morning.

FELONIOUS ASSAULT. William Dennison was indicted for that he did, on the 28th August, 1890, commit an assault, with intent to commit a felony. Prisoner pleaded " Not guilty." He was undefended. . :

After hearing the evidence the jury, without leaving their seats, found prisoner " Guilty of common assault," and recommended that medical evidence should be taken as to the state of his mind.

His Honor said the accused s mind was sufficiently sound for him to know the right from wrong.

in answer to tne usual caution, Prisoner said that he suffered from imaginations. He oftentimes hardly knew what he was doing, and frequently was afraid to face society. His Honor said he was quite justified ia not doubting his sanity. He was sufficiently sane in the eyes of the law to know the rightness or the wrongness of his actions. Of course the state of his mind would be inquired into. The jury had taken a very charitable view of his conduct. The prisoner would therefore be sentenced to twelve months' imprisonment with hard labor. . Dennison was then removed. INDECENT ASSAULT. Timothy Kelleher was indicted for having, on the 23rd October, committed an indecent assault. Prisoner, who was defended by Mr Beattie, pleaded "Not guilty." Mr Martin prosecuted. After , the evidence had been taken, The jury without retiring, found the prisoner "Guilty." j

a is Honor reserved sentence. The Court adjourned at 5.25 p.m. until 10 a.m. to-day.