SUPREME COURT.

Dominion, Volume 1, Issue 113, 5 February 1908, Page 4

SUPREME COURT.

CHIMIN All SESSIONS. • Tlio Criminal Sessions of the Supreme Court were resumed yesterday morning, His Honour Mr. Justice Chapman taking his scat at 10 o'clock. THEFT FROM A DWELLING. John .Moffat mid' Charles Mack, alias Osborne, the two young men who wero on tho previous day found guilty oil a. chargo of theft of a number of personal articles from a bedroom in Bnrrett's Hotel, wero set forward for sentence. A statement was handed, in by prisoner -Moffat; " Prisoner Mack declared that, although ap-. ponrnnces pointed very strongly to him being, guilty, as a matter of fact, ho was not so guilty as would appear. Moffat was entirely innoceut of tho crime; Tho man who had given them tho stolen articles was allowed to go scot frco. When ho gavo them, tho articles that man know' ho .was sending them to a trap. After referring in particular terms to tho person who, ho alleged, Jiad givon tbom the property, prisoner concluded: "1 ask for mercy for myself. I am guilty. But I imploro mercy for poor Moffat." The Crmvn Prosecutor stated that. there were a number of previous convictions against b9th of tho accused. ■ Addressing tho prisoners, His Honour said: " I don't brdiuvo for a moment that'there is any truth in tho statements, made by either of you, or that cither is innocent of this cririio. If tlio statement uiado by you, Mack,: wero true, you were; under no sort of.'obligation to shield tho person you speak of. On tho contrary, it would hav'o been your duty, from any point of view, tp shield Moffat by giving tho requisite information to the authorities, 1 don't believe.Mackls statement, nor that of Moffat, in which ho seeks to exculpate himsolf. What i have to deal with is tho actual offence : and .tho character both of you bear. • . "As to you, Mack," said His Honour, "you have soveral convictions against you for dishonesty, On ono occasion you .were sentonced to two years'. imprisonment, and, on two others to snorter terms. In tho oircumstahces, I don't propose to inflict V heavier 'sentonco than tho longest you bavo served.- I can't do less than ."sentence you to two years'imprisonment, with hard labour." In. sentencing' Moffat, His 'Honour said: " You, Moffat, so far us,.tho evidence goes, took tlio same part in this crime as llacki Your record is, however, a very much worso ono. Fpr years you havo pursued a criminal I, career. It is all very well for you to say I that at tho termination of your last sentence you returned, to work.. * At tho most,' you did not c-ontinno working for rnoro than l a year. As soon as thero was temptation you gavo way. I don't say that the crimo is I one-of tho gravest character, but it is of a ! serious nature.,' I. havo . now to deal with -your case-under a reocnt Act, whioh obliges tho Court to. dcnl specially with those who •seem unablo to keep froth cHine. You will bo sentenced to two years' imprisonment, and arc declared to be ap-. habitual criminal." THEFT OF MONEY. Archibald M'Nab, a;, middle-aged .'man, was charged with at Wellington on May 27 having stolen the sum of. £115 from the person : of David Sutherland. y-Prisoner,. who wus! not represented by counsel, ploaded iiot guilty. The/following'jury was empanelled John •Murphy (foreman), J. Griffiths, G. H. Hayes, J. H. Morgan, K- Zohrabj E. " Burke, W. Iteid, H. Wardell,. H. Footer, P. C'oker, AY. Hartley, and 11. C. Cain. 1 The Crown - Prosecutor; in outlining tho ]easqi. .stated .that tho man who, it was alleged, was robbed,'was deaf and dumb. The' body- was found in tlio harbour about a niontli after.'tbo robbery was alleged to have been committed. There was no 1 suggestipn that prisonor was'in any way responsible for Sutherland ( beiiig. found dr'owiied.' „,-V ■ Alex. Armstrong, 'gaoler at- 'H'.M. . prison, .Wellington, deposed -that deceased Suthe-rland-served a term of ono month for habitual drunkenness,- tho, poriod • expiring on May 21 !last,AYhe'n-.-ho" was - brought -to., the gaol,Siithorland'had £i2O on him. On his discharge, ho was given £5 Os. 3d. in cash and a cheque for "£lls'"on the' Public, Accounts' A man named Sydney Hinds,-who had no means, was. discharged the day, bofore. .' Constable. Bailey stated that, on May 23,' Sutherland-was convicted and fined for.drun- ■ When he left t;ho Court he had £3'odd in cash and a cheque for £115 in his possession. ... . / | -■■ Annie Sher.win, lodgiug-housc keeper, Abel Smith Street, gavo evidence that Sutherland stayod nt her plaeo on several occasions. Ho wont , away oil May- 2", and she did not see bim again. Sutherland left all his belongings, at her place. ■- Henry- John King, . a teller:, in,'the Bank of Now Zealand, Yvoilington, deposed that a cheque (produced) was cashed-on May' 27. It was cashed as follows: five £20 notes, fourteen £1 notes, and £1 of silver.' Ho was unablo to recollect who cashed tho cheque/ Constable Scott, who arrested. Sutherland for drunkenness .on May.. 22,- stated that Sutherland had a cheque for £115 oilhim when he loft the Court after, paying the fino.< Upon searching deceased's' pockets at: tlio Morguo on June 18i ho:fouiid- a slip of-paper (produced)' and a penny: ; Elizabeth/ Gibson,- Courteiia'y/- Place, deposed that p^isoiior'-stayed-at. her.'-placo from May to August last year.' Whilst-ho was at her place ho was not. in .'employment,' ' -'Jolin James Ryan,,laboHrer,:Tailinpe, stated that one (lay in Mayiastvhc/saw Sutherland, Hinds, ,and prisoner' enter 1 -' the Hotel,. Subsequently he saw' them in the uriiml attached to tho Te Aro Hotel. Prisoner put' his hand in ' Sutherland's pocket, Witness followed the- men -down the street and asked prisonor bow-be got on. ' In reply prisonor said: -" It's all right. Como on." Tlioy went into the Cricketers' Anns Hotel for drinks, Prisoner handed-"him n £20 note, saying that lie would get it/cashed quicker than ho if ho acted the "bnshman." As they could not get it cashed thore, Hinds and another went elsewliero'to get it cashed. They, said they got it. cashed through buying : some . furniture from a second-hand dealer. Later on they went to ■a Chinaman's house-in Haitiing Street to bny.a lottery 'ticket. There prisoner gave Hinds and witness a £20 note each. Hiuds shared the chango he obtained from the furniture dealer with prisoner and witness. Afterwards Hiuds cashed his rnoto at Nowtow»,w .and witness got- his cashed nt the Cambridge Hotel. Prisonor- 1 had two £20 notos left after he had given Hinds and witness a £20 note. each. Witness know, that ,tl\c money had been stolen.. Detective Qassells stated that upon being ■arrested-'prisoner said: "I"was hot in his company. ' Did anyone tell you that they saw r.uv? " Afterwards ho said that he hod tried that day to ship ns 9 fireman 011 one of •the Home boats. • ■ ,

Constable Paekor gavo nvidouce that, pris. onnr made tho .following remarks whilst be. mg escorted ; frat» tho Court to gaol on November 291"" People will know where we aro oil to in this old cart. I think I will en bqok and plead guilty. I cot. the money. I gave tho other man half and ho split un mo." ' Evidonco was also given by Acting-Detec-tive Cameron, Annio M'Pnimld (who was barmaid at the Britannia Hotel in May last) Elizabeth Pauhney (second-hand dealer), Alex. Smith (Cricketers' Arms Hotel), John Clias. Mason (who was a barman at theCambridge Hotel in May last), Geo. 31. Harden (Kiihirnie Hotel), W. A. Tyson, (bottle dealer), and das. Dudley Tripe (teller at the Hank of Now Zealand), Prisoner did not give evidence on his own behalf or address tho jury. His Honour, having summed up, the jury retire dat l.f) p.m. and returned at-2.25 p.m. with a verdict of guilty. The prisoner handed in a written statement. The Crown Prosecutor road n list of previous convictions against the accused, who, hn stilted, htul been in tho Dominion since ISSO. Addressing prisoner, His Honour said: "I diitvti read your statemunt, and will tiilie into consideration tho fact that- you were placed

in temptation by this man rolling about the street drunk with money about him, also the fact of your advanced age.. However, 1 cannot treat this crimo too lightly. The crimes of which you have previously been convicted are not of a very serious character, but i.qaii't help noticing that on two occasions you have been convicted of dishonesty. I must sentence you to a substantial term of imprisonment-, but I will mako it os lenient as 1 can.'under f.ho-circiinistancesl Yoii will be sentenced to 12 months': imprisonment with hard labour,"

ALLEGED THEFT OF,HORSE AND CART. John George Coulsou, a middle-agod man, was chnrgo dwith, 011 October 16, at Carterton, having 'stolen a horse, trap, and harness, tho property of George Henry Porry. Prisoner, who was represented by Mr. Moran, pleaded not guilty. ' The following jury was empanelled:— Goorgo Alfred Hurley (foreman)), John Cook, Alox. Ste.vonson, W. F. England, A. E. Thomas, lionjamin Whitowado, James Simm, Kenneth Wohb, Fred H.. Invin, Thos. Orchard, A.* L, Hiislem, and Ernest Beaumont,; Prosecutor,; who stated that ho is now a labourer at Mastorton, deposed that prisonor was in his employ when ho was the sanitary contractor for tho Borough of Cartorton. Ho was succeeded in the contract- by the' prisoner. Air agreement; was entered into between them whbi'ohy, inter alia, prisouor retained possession of the liorso, cart, and harness, the conditions being-that thpy would liecomo his property upon payment of the' final instalment of an amount agrnod on. Prisoner had not paid, the instalments, but liafl disposed'of the goods.- \ (Jross-oxamiiiod,- witness stated that the cart originally, belonged to prisonor who told prosecutor that ho could havo it if he had it dono up. Ho fixed a low value on the property in viow of tho fact that prisoner agreed to look after • somo poultry ■ and pigs bolonging to him. , Josoph'Prcddy; wood and coal merchant, Carterton, gavo ovidoiico that ho purchased the property in question from prisoner, who informed him; the property belonged to him! and not to prosooutor.George Greathnad,.- blacksmith.' Carterton; deposed tliat prisoner sold two,pigs"to him.,. Constable M'Kelvio also gavo evidence.' . This concluded tho oase for the prosecu-. tion. Mr. Moran outlined the oase for tho'defence. ' ■■ . 1 _ Prisoner gave nvidencn that, the'agreenient I in question was dissolved a'week-after it was ontered into. !Whon it was being proparod he statwl ,that all the proporty 111 dispute 1 belonged to him,'but; prosecutor denied this ) and there tbo matter ended. Ho (prisoner) I ,did not receive one half-penny 111 wnges from I tho proseoutor. Ho,gavo pros'ecutorliis first month's 'earning* under the contract.- Beforo prosecutor left .Carterton he asked him liow: ..matters stood betwoon thbiii, and prosecutor told him that ho could keep tho horse, cart,' and everything olso. ■■ V; Herbert Ticehurst, farmer, of Mat-arawa, tho original owner of the cart, stated , that he sold the vehicle to prisoner. /. Evidence as ,to -charantor was given by A. •T. Lindop. grocer, of Carterton, and Henry Catt, settlor,, of Cartertou. . Counsel for the defence and the Crown 'Prosecutor addrossed tho jury, .and His Honour summed up.. 1. The jury, - which retired at 4.35, returned at 5:50 with a verdict- of. not guilty.' -Prisoner -was- then charged with, on October 1, having stolon 'two nigs, the property I of the prosecutor in ' the'former case. _ A plea'of not guilty was entered. Bv direc-: tiou of His .Honour the jury returned a verdict- of riot guilty, and the prisoner was "discharged; /. , The Court then adjourned until 10 o'clockthis morning. - . ,- , -