SUPREME COURT.

Press, Volume LVIII, Issue 10887, 12 February 1901, Page 2

SUPREME COURT.

CRIMINAL SITTINGS.

Mr Justice Edwards opened the Criminal Sittings of the Supreme Court at Christchurch yesterday. In addressing the Grand Jury on the Calendar his Honour said the cases were few in number, and really required no comment from him. He scarcehtlioirghfc the gentlemen of the jury would find any difficulty in graspiug any case to come before them. THE GRAND JURY. Following are the names of the Grand Jury:—Henry Charles Godfrey, Robert Ballantyne. Edward Y. Simpson, Isaac Gibbs, 'Joseph Gott. William C. Fleming, Robert T. McDougall. Charles Frederick Binns. Gilbert McHaflie, Evan M. Macdonald, John W. Overton, James Troup, Patrick A. Lawrie, Henry Phillip Hill, William Toiiks. Frederick W. Rutland. John L. Scawell, Edward R. Wheeler. Arthur Hughes Turnbull (Foreman). TRUE BILLS. True bills were returned in the following oa*«es :—Stanley Josepih (assault). James Middleton (assault), William John Kinley. Thomas (Mark, aaid. George Hayden (wilful damage to property), Donald Afcßae (breaking and entering). Janiee James (unnatural offence). John Richmond Jones (indecent assault). , YOUNG CRIMINALS SENTENCED. Three young men—two of them mere lads—named Cecil Gardiner Cunningham, Alfred Gedson, and Ernest Hancock, came up for sentence on the charge of breaking and entering. In reply to his Honour, Cunningham said while suffering from drink he had committed the act alleged, but knew nothing about it till arrested. The others did not say anything in reply to the usual question. His Honour, in* delivering sentence, said C'unningliam's past record was a very bad one, and he had only been out oi guol four months when he again committed v. serious offence. From the evidence it seemed he had aJso attempted the furthei crime of arson. He appeared to be the riny leader, and had only stopped short of burr ing down the building because the otlur would not agree to go to that length. Taking into consideration the fact that accused had pleaded guilty he would make the sentence lighter than it otherwise would have been. A sentence of two years was then imposed on Cunningham. " With regard to Gedson, his Honour said nothing but a severe sentence would arrest accused's downward career, and as lie had previously been convicted he would be sentenced to twelve months' hard labour. Hancock, the Judge continued, had a by no means spotless record, but as a las-t chance he would be admitted to twelve months' probation on the usual terms. In reply to Cunningham, his Honour said the sentence would commence from the first day of the present session. Cunningham remarked he bud already been seven weeks in gaol since pleading guilty in the Magistrate's Court. THE LINWOOD ROBBERIES. James MeGowaii. a smart-looking, athletic young man, came up for sentence on two charges of breaking and entering, and stealing jewellery from a residence at Linwood. H& elected to say nothing. His Honour remarked that McGowan had been convicted last ytor at Wellington for theft. It was perfectly lamentable to see a young nmn like accused, well able to earn an honest living, resort to such a life. His record was a bad one, and a substantial sentence be imposed. The sentence of the Court would be eighteen months' hard labour at Lyttelton. A PUBLIC-HOUSE ROW. A young man named Stanley Joseph was charged with assaulting Peter Keller, son of the licensee of the Grosvenor Hotel, on the night of January 22nd. Mr Stringer prosecuted, and Mr Donnelly appeared for the defence. Keller and his mother gave evidence that a. row about payment for some liquor had occurred, while Peter Kellar was acting as barman, and that Josjph had smashed a large water-jug over Keller's head. Subsequently it was alleged that

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glasses and bottles uud chairs were thrown ■t Mrs Keller, and matters were very lively. 'or the defence, it wits stated that the jug :id been accidentally broken by slipping nut of Joseph's ihtind, and that young Keller, in jumping over the bar to hit someone else with stick, swept a lot of glasses off the counter. One witness, who stated there had been '"no disturbance," admitted having been in trouble himself with the police—but for "nothing criminal." He had been charged with drunkenness, resisting the police in tiie execution of their duty, and laying totalisator odds. Mr Donnelly objected to the questions eliciting the above friots, but his Honour said lie did not consider the questions were put with the object of insulting the witness, but to discredit his evidence. His Honour, after the addresses of counsel, said it. was evident that Keller had received a wound on the side of the face, and the questions for them to decide were whether the wound could be made by the juji, and, if so, whether it was 'the accused who did it. The jury (of whidi Mr J. Landry was foreman) then retired. After a short absence the jury returned a verdict of "Guilty," with a recommendation to the of the Court. His Honour said the recommendation should be attended to. Accused being a nrat offender probation wiis applied for. His Honour said it was a veiy serious matter; he had the greatest possible doubt about admitting the prisoner tv probation, but as the jury had made a recommendation he would admit to probation for two years. FARMERS FALL OUT. James Middleton pleaded not guilty of assaulting William Power at Methven, and thereby causing lain prievous bodily bairn. • For the prosecution it was alleged that Mid'dlebon accused Power of acting in a rascally manner by getting other people fined-for grazing she&p on the roads, and at t'he same time doing it himself. After making the accusation Middleton, it was alleged 1 , jumped over the fence and assaulted Power 'widi a long-handled shovel, injuring liis head and- hand. The defence is Quit iPmv-er commenced thef quarrel and that ■Mid diet on merely struck t'he informant Jii self-defence: Mr (Stringer "prosecuted for tfhe Crown, Mr Russell defend/ing. Evidence for the defence will be taken this morning. - NO BILL. At a quarter past ifonr o'clock the Grand Jury completed their work, returning No Bill in t lie charge agaiinst James Bowie Kirk (alleged *heft, ttflire© indJLctinente) ; and in the case of Tane Horomona, alias Thomas Solomon, wlio was charged with forgery <uid uttering. His Honour diedharged tha jury. In reply to a. question by his.Honour, Mr Stringer said the HndTing of No Bill in the case of tJie Maori was rather curious. The accused had been sent up from, the Chatham Iskmds by the Stipendiary Magistrate there, having pleaded "ujltjr to a charge of forgery uml uttering, Vim the intention thoit the'man shwild be sentenced, but the committal being informal, it was necessary that t'he Crown Prosecutor, hy leave of the Court, sQurnld ind'iet him. aui for the Bill Ito be presented) to tiie <jrand Jury. The result -was isifher sui'prisHtig. His Honour esaid it certainly , was curious.