LAW REPORTS.

Dominion, Volume 1, Issue 112, 4 February 1908, Page 4

LAW REPORTS.

SUPREME COURT,

CRIMINAL SESSIONS. Tlio first Criminal Sittings of tho Supvmo Court for this year opened yesterday morning, His Honour Sir. Justice Chapman taking his seat at 10.30. THE GRAND JURY. The following Grand Jury was empanelled: Edward Clias. 10. Mills .(foreman)," Walter Ilruntou, John Johnson Reich, James Kellow, David Jones, James Jameson, Sydney Ross Dix, Jns, Poole Brandon, Alfred Lindsay, Fred Clias. Crease, Alex. John Kerr, Ernest Gregory I'ilchgr, Thos. 11. Archibald, Ernest lieaglchole, John Crabtree, F'red.W. I'etherick, jMat.theiv CI. Young, Andrew Irvine, W. I'V Barraud, Clias. Tiaston Price, Arthur S. Chapman, Godfrey T.- George, and Norman Dalston. ' HIS HONOUR'S CHARGE.

His Honour, in addressing the Grand Jury, said:—l am m tho happy position to congratulate you on tho circumstance that the bills which you have to consider represent, comparatively speaking, a satisfactory state of affairs in this district. You will find that the crimes alleged are neither numerous nor of an exceptionally serious nature. Oil the contrary, it'seems to me that the list of some thirteen eases is a comparatively small list for such a largo and important district like this, where the population is constantly increasing, and where, in the ordinary circumstances, one might expect ail increase in tlio volume of. crime. Jt is, unfortunately,' tlio case in communities of this size that ono must expect a certain amount of crime, to bo brought before the Grand Jury for its consideration. The- cases which you havo to consider arb, with ono or tivo" exceptions, of tho most ordinary kind, and cucli as thoso of you who'aro accustomed to' sit- on tlio Grand Jury inevitably liavo to; consider from session to scssiqnV. As to the offences, T have only a few oi)servaiiqns to inako by way of directingyour attention to; their more.salient.features. ..You will,alWays.hcar in mind, as you have, 'frequently boon told by Judges, that it. is your duty "to call before, you as many of the witnesses whoso names appear oil tho back of the- indictment 1 as you may require.; You may call all or only some of so long as you discharge your .duty, of' carrying l your investigation to the extent of,'seeing whethei'' tho ■ prisoner should be put on trial or notl You havo, not to ..consider matters -of. dofonco, only whether.a prima facie caso has been made out. Referring to particular cases,-1 may, mention that tliero is'a''case, against two men for robbing, a man whoso body ■ has', since been found in tlio' harbour. It is alleged that when tho man, Who was deaf and dumb,' was alive ho was drinking about town, and that ho was seen iii the company of theso men, • whose conduct whs suspicious. 'Afterwards they wero found handling,and changing largo! sums of, money. When" alive'deceased had a considerable amo.unt for a man of his position in his possession. In-addiV tion, tliero will be some evidence of, admis-' sions and boastings on tho part of ono or. other of tliosd nicn.' ; You will havo to, consider whether.' a sufficiently strong caso .is niadri out again/it-them. There , is. anothercaso of a character which is. unfortunately too .common'in-most towns in New Zealand. That is tho caso of a man—in fact, several of them—who comes to town with money, and finds, no other .way <of. amusing himself than by- drinking from house ; -to house,-* and keeping tho company of men who are always on tlio lo'olr-oiit : fof such men. 'There.is a third caso of 'this''kind,, in , which violence is alleged to,havo been'used. Then" thero is tho'indictment against-a man who. is charged with breaking'and entering. ' Tho..caso lor tho prosecutions .. depends on finger-print' evidence.. You will.-.have-..placed' before''you the nature of ■ this iiind of proqfj' 'and '■ it Avil! bo fori,you, to:-say how far-' fan can''rely' upon it. Evidence of this kind has .only ■recently■ attracted , tho ' attention.' of' "tho, authorities, and : ; it",has proved eminently; satisfactory. 1 Another charge against, tho same man- 'depends on: him •, having been, .found in possession, of. property, recently stolen. It is a doctrine founded on common sense that,, when a,, robbery Ims, been committed,. and shortly afterwards a"person is found in possession of some of'tlio procoods, that porsoii- ought.'to bo able' in some-way by explanation or, by .witnesses to,' account for how-ho came by tliem. If-you . find that there s is', evidence:: that ' shortly after ' tlio robhory any, portion of the .proceeds of,the. robbery, were found in' the possession" of prisoner, then that-will be sufficient'ground for you to say that the matter'requires further, consideration. There aro' several

caGos of this class. v:'- ■ After, referring to ivarious other, charges,. His Honour said:—The last-case to; which'l; have to-refer is one\of considerable import- 1 , ance, .because.it' is' one;in which you liavo to investigate . tho circumstances . under which a man met his death in/this; city. This is' the ease against Sheridan.' According'to his own statement,'lie and 'tho, deceased were about together oh tlio date; in question, and to somo extent drinking : to-' : get.lior. Judging by his own statement, .audi indeed by other, evidence, prisoner was apparently helping to. shield tho .deceased from others who presumably wanted'liim to spent) his money on them. Prisoner took deceased into a yard. occupied by builders: ; There they, sat- together in'the presence, of. the : mcn! working,on the building. Tho deceased tried to get awav from prisoner's kindly attentions and assaulted prisoner,' who; presumably, could have left and gone away but, according to the-evidenfce, he struck deceased a'blow which apparently caused l)is death. Shortly afterwards tlio man was found to be dead. Now you will have to attention to this .case, because' the Crown lias seen lit to present two indictments relating to the .same offence. ' The- Crown could have charged prisoner with murder!and left it to you or to the petty jury, to i-educo tho charge to ojie of manslaughter if the evidence justified' that course. But it was apparently thought desirable by the Crown to present, two indictments. " That was. a convenient course, and it is for you to .consider whether any case has beeii made out, ■ and if so whether it is a caso-of murder or manslaughter. ' Murder is tho wilful killing of another person. It would, be murder' if a blow .were struck with intent to kill. Murder implies not only wilfulness, but -also intention to kill. ■ In the case of manslaughter there need not - be, ;intontioii to cause death; it is'sufficient to make out a case of manslaughter if it is. shown that tHe'prisoner caused the deatji of the deceased by some unlawful act, but not necessarily witii intent to kill him. If there was aii assault in tho ordinary sense, i.e., an unlawful'striking of a blow against this, drunken or semidruuken man, and that blow caused death, then although prisoner did not intend to cause death, tho fact that death was brought' about by an unlawful assault constitutes the crime of manslaughter.-. Of course,' there may be some circumstances justifyiuc; or ex-' wising the ant of striking, : but you {n'ust be careful not, to take into consideration matters which are r.'-trely matters of defence proper to be brought bv the prisoner. If on tlio whole,of the fact's it is perfectly obvious from what occurred that the prisoner was only doing something which ho was. practically speaking, obliged to do to ward off a blow, or something of'that sort, you may consider that no unlawful assault took place. If you find that ho could have gono away, and was not obliged to ward off a blow by striking, however littlo ho intended to harm the deceased, that was an unlawful assault. If you find that an unlawful assault was committed under those circumstances, you must find a true bill on tho charge of manslaughter. I shall again point out the distinction: If you find that the blow was -struck with, intention to cause death, you will return a true bill 011 tlio charge of murder; if yon consider .that the blow was merely an unlawful act which led, oven if unexpectedly, to death, then that constitutes tho crime of manslaughter. Most of tho cases are of a very simple character, and i don't think that you will have any difficulty iu arriving at your decisions. Will you now kindly retire to consider the various bills.

TRUE BILLS.

Truo liills were returned in the .following cases:—John Moffat and Charles Mack, alias Osborne, theft; John George Coiilson, tlioft (two ' charges); Frederick Cooper, breaking and entering (two charges); James, alias John, Mills, alias Henderson, .and Arthur. James Thomas, alias Year, alias Garthwaite, theft from the person; Patrick Brady, robbery, with violence; Phylis Ferraro, assault with intent t.o do grievous bodily harm; Edward James Leydon, theft of a postal packet; Archibald M'Nab, theft,; Adolino Lilian May Francis, forgery; Edward Winter, indecent- assault. i In the case-against James Malaohi Sheridan, who was chargcd in 0110 inuictment with having murdered John M'Nally, and, alternatively, in another indictment, with the manslaughter of the deceased, the .'jury ignored the. major indictment but found » truo bill respecting'.the chargo of" inan ! - slauglitcr. ' •"

BREAKING AND ENTERING. ' ; . Frederick C'ooper, a young man, wascharged with, on Decomber 4, having broken and entered - tho dwelling-house of W. Robertson,' and stolen--a gold', ring, six teaspoons, a. pair, of sugar 'tongs,' a brooch, purse, and os. in money, the property of, Sarah'Robertson,'and a razor, the property of William Robertson; also with having, 011 December 3; broken and entered the dwelling of Charles A. St. G. Hickson, and-stolen three' watches, two gold ncckrchains,. four gold pin's,. four links, four gold brooches, one diamond, ring, and four, bangles. "Prisoner pleaded guilty to both charges. t The Crown . Prosecutor, in reply to. His Honour, stated that several convictions had been recorded against the prisoner. _ Addressing prisoner,. His ■' Honour said':,' Yoii havo a had record. 'You aro an idle person and a victim to crime., You liavCprc-' iHously beon' convicted of a similar offence, and scutenced to a term of imprisonment which Iniust be considered very short. In spite, of that you' have continued to. .lead an idle life. I must. necessarily sentence you to: a longer term'- for tho present offence'. Bofore doing so, I should like-to point- out: to, you that there, is now, a,: law ,in .force, under which persons who continue to c'ojiimit crimes .of a serious - character. may .be'; jjpli-: I: fenced to a term of imprisonment, lind'.thero'.after lid treated an habitual criminal ;'arid: (Jetained, niaybo'for years. You 1 , are not' liable to bo,so' treated, biit.yoirarp drifting; in that direction.. I mention .this as a- cau- : tipn to yp'n._ You, sentenced to three' years' imprisonment, with hard lhbonr ,011 eacli charge,,tho sentences' to be concurrent, 1 ' ■ - THEFT FROMAN HOTEL. . V, John ■'Moffat, antf "Charles . alias Charles . Osborne,two' young ,'men,; were charged with -having stolen," on November' 11, - from - Barrett's Hotel, , a , silver* shaving pot, silver jewel case, silver-backed brush, silver shaving .brush, a silver jar, silver box, and'a paii\of gold sleeve-links, the property of Henry ,Martindale.... • ' Tho prisoners, who were represented, by, Mr. T. M. Wilford, pleaded not guilty. ■ =• TII6 ; following jury was empaneled:-— JOIIII Murphy. (foreman), Alexander Steven-1 son, John Cook,.,Geb. Inniss, Francis Jtyan, Bernard- C. Cain, Henry Wardell, James Flannagaii, l'ercy Coher, Geo. H. Chandler, Arthur It. Thomas, and Frank 11. Panting. : >' The Crown. l'rosecntor outlined tho-evi-dence which would be called in support of, tho charge. ... . Henry Martind.ile, bookmaker, residing at Barrett's - Hotel, deposed that tho,. articles produced,were.his property. 'Ho .missed'them, from his room at the hotel about,.November, i 12,. arid reported tho matter to tho police. Cross-examined,; witness, stated .that, his. rnan'ip. was, 011 somo of,,tho..articles,,' arid his -initials.on others', and that'ho had:'no.doubt that those articles 1 which boro no marks belonged, cither ' to. himself -or .to. bis wife. "

Barsht,. pawnbroker, -Newtown,.! stated .that,, oil-.November .15, Mack came to his. establishment,and .jjsked'.him'if ho.would' lray a 'ipair. pf,..;sleeve-linkis'.i _Witness agreed to 'givo him;3s. 6d. :for. the"links.', . As Mack. ' had-ipitfjying linlc M witnes&'Jipnded over, only 2s.;' .bpiight tho, .other"link:' <T3rh'?-'AM4W^r'ls^6a^'J-^ , lio'' .two; accused then -brought, more, of 'th'e'.sUver-. .ware,. and/ fitness .agreed, to'fgi.ve' ; £l .for. it-'. .Actingoeteptive;.'.Cani.erpn.. pave; ' evidence' ;tliat;'wh£n clut'rged' with tjife,riffenco i-tie pri- # ' soners stated /they. knew 'nothing about tlie' theft. ■ ',' i. ' ; . /.; ' V Counsel addressed, the -jury on bchaif'.'.of. the 'prisoners: The jury, which;, retired;'.at 12.55, returned at -2;45/.'.with'' a verdict, of guilty. , -I\'- I ''. , Prisoners were remanded for scntcnce until this, morning. '

ROBBERY FROM THE-PERSON. Patrick_ Brady Was charged: with, on Dec-' ember ' 27, at- Wellington, having robbed George Faloon of £6 in money,.awl with having used;personal/violence towards-him. ;, " Prisoner, 'who. was-,tfot represented by counsel,'pleaded-hot guilty..' ■-. Prosecutor, who stated; : that ho was ' a sailor; gavo eviden'co that; oii.thp morning of December 27, he liad seven; sdvei'eigns on him../, He ihijfc -prisoner and liis friends, who asked him to, "shout." '-They went along ;.to tho. Masonic : Hotel', but".'tho .■ barman refused'to serve him. Subsequently ho' went out,-into: t-ho back yard,'.where, one}of- Brady's' .companions kicked his, feet' from •-•'under-hi'ni'. i .Prisoner then -came oil "the'scene 'and l\eld I him down. Prosecutor called out " murder.," ■and '' police." Brady's companinn : kicked' him; and threatened ;tp'kick his brains cut if ho made any npise. /Subsequently,' prpsecutor informed 'a constable. .'"Questioned by tho constable,''prisoner-stated, that lie.had only four-fience oir him. Tho coustablo sea rebed prisoner,' and found; four sovereigns, on him, \ ' ■'

1 Cross-examined, prosecutor .-stated that, prisoner did not'kick hi'm, but hold him' down,- and:torfe''his coat. : . •'/ .. .At this-stage, prisoner iutimated that hewould plead guilty to tho charge of robbery, but not to that of having used'violence. .'. His Honour: It .'does-not appear/that any' serious '.violence was used.;. Prisoner's; plea, was accepted. ' 1 : Tho'Crown Prosecutor stated that-prisoner had never; been convicted of dishonesty. Addressing prisoner, His 'Honour saidTho offence to which you- liavo pleaded guilty is a- 1 sufficiently/serious one: You. took 'advantage of a' man who was drunk: A man who gets into that condition offers temptation'to people •'about, and in .this-instanco Faldon l ' offered 'temptation': to'.you.- I must, however, • bear in mind that you ha-vp been, repeatedly beforo tlie Court,; certainly net for. dishonesty, but for offences which were tho'result of drink.,' So lpng as'you continue to take drink,, and so lose contrpl of yourself, you .are- liable to 'get..into trouble. On ,'this occasion ypu did something , dishonest. ' I. assume that clrink led .to .it. I can't in-, diet a light penteiice, but I do' npt intend tp impose '.i heavy sentence. . You will bo sentenced- tc four' months' /imprisonment with hard'labour. . •. -

THEFT -FROM THE PERSON. .' .Tames, alias John, Mills, alias. Henderson, and Arthur James Thomas, alias Veil - , alias Gartbwaito, were charged with, on January 2, atr Masterton, having stolen £3 in money from the person of James Cosford. Prisoners, who 'were' not represented liy counsel, pleaded not guilty. ; Tho following jury was_ empanelled:— Kenneth _ Webb (foreman'), Vivian CJhindon, James Simm, Albert L. Easlam, Thos. Orchard, Arthur E. Wright, Jas. Liddle, Fort. Zohrab, 'Jas. Griffiths, Ivan B. Hooper, \V. Bailey, and Ernest Bowstcr." ;7 ' The Grown .Prosecutor briefly outlined, the ease. ■ Prosecutor, who is a labourer, gave ovidciico that lie had over £4 oil liiiu • when ,he arrived in'Masterton on January 1. During the day lie ftwont to tho sports, and in tho evening wont into the country to try . and find tho residence of a relative. : Not being successful lie walked back towards .'.Masterton.'' About two miles from Masterton ho mot some men on tho. roadside; It would then be about four in the morning. The men asked him to have a drink of-beer from a bottle,' and' he did so. Subsequently lie gave' one of the men a shilling. Prosecutor recognised Thomas as one of' the men. .He '(prosecutor). had soveral drinks at an hotel later on. Tho prisoners were at the hotel at'the tnno. Afterwards ho wont along the'road, and was followed by tho prisoners. Mills, rushed at him anil knocked liiin down, and he (prosecutor) did not remember \vhi>t happened until someons shook him. ' ,

Win. Henry King, labourer; deposed jihftt' he saw prosecutor lying 011 his tack" close to ■ a bridge, which was in the course of erection.- Mills had his.left arm over prosecutor's chest, and his-'left hand in his pocket. Thomas, who was about five, feet away, appeared to bo on the look-out. N Witness did npt interfere. Cross-examined by Mills,"'witness stated that lio might have been mistaken when he thought lie saw him with his hand ,in prosecutor's pocket, but ho did not think , SO. ; •" \ .'■ Constable Kyle, who arrested accused, stated that upon being, charged Mills replied: . "I did not rob anyone, but if my mato did* I will let you know.; I had /a -drink with .. -Cosgipvo in tho. morning." .». Tholuas said: "I. never saw' Cosgrovp in my life."', .Upon ' being searched, Mills had 21s: on him and ! Thomas 265. Gd. " •' Sergeant Miller and Francis P. Boylo. also gave evidence.

, • This concluded the case for ' tho'' prosocution. ... Prisoner Mills,.addressing tho jury, .stated that when lio' arrived at Masterton ho had £8 on him. Ho had some drink with prosecutor, and then they went and sat on tho •sido of the 'road. Ho denied, having: assaulted'or robbed prosecutor.' , .. . . 1 ... ;• • Prisoner Thomas;'.who also addressed the •jury, made a similar denial. . His Honour summctl lip'briefly. Tho jury, who retired at 4.55,\ returned at 5.3,- with ; a-verdict of ; guilty. - ■: -i , - Prisoners asked to. bo--dealt with leniently. • Addressing prisoners,- His Honour said: Both of you have:long criminal records.- ;Ih, several instances the offences liavo -been such that considerable -terms of : imprison- ■ ment had to bo inflicted.. In your case, Thomas, sentences. of . two. years,■ three months,- and of lesser periods have been imposed. -M ills has served - a torm-of twelve months'and several of 'two or';thr«6 months.' ■It is-quite evident that both of you arc bad characters, and that .Vou.-have taken .. no wai-mug from .tho sentence's 'inflicted on you. 1 This . kind of> thing cannot be-allowed.'to/go , ; 011. 'Tno only, thing the Court pan do is to V■inflict heavier 'sentences.. Although you are . not-liable to be treatedas habitual offenders,. • I-caption you that,tho. sentences aro -aecu-fr" and- that if you aro, cpnvicted a. ■ few. more times you will receive' a-, sentence ■ which may extend.'oyer a very ..considerable, period. . .1; simply vliiiyo: to deal wjth what was a. very, barefaced, committed . two old offenders.. . If yon ,had npt bpeii-! old offoiiddrsj' I, wpuld. liavo. felt iucliued to,give consideration'to tho fact'.thai;.'.prosecutor, who was drunk at .the time,- placed you m a of -tempt-atioii. '..This hardly, be ' an excuse in - your AOll both know what crime is. "If you cannot, resist, tempta- ..- tion;, all-I sav is that it is . better for tha, community . filvatV you 1 should; .bo.', kept. froni the clianco of committing crime. Each will bo 'sentenced to 'two..years' imprisonment with hard labour; • . .-v i ;. - The Court then adjourned until this morning, when tho cases . against- M'Nab and C'oulson will probalijy be taken. .V,.