LAW REPORTS

Dominion, Volume 1, Issue 279, 18 August 1908, Page 7

LAW REPORTS

SUPREME COURT

CKIMINAL' SESSIONS. YESTERDAY'S PROCEEDINGS. Tho third criminal sessions of the year opened yesterday beforo Mr. Justice Coupcr. Throughout tho day thero was a largo attendance of tho public. GRAND JURY. .Tho following Grand Jury was empanelled: —Mr. Fred Townsend (foreman), and Messrs. Oscar Kimber, W. S. Craig, Henry Littlejohn, ,J. J. Reich, James Kellow, 11. Allan, Geo. Henry Herbert, Fred. \V. Stringer, James W. Callaghan, J. Geo. Dawson, Win. Ed. Murrell, 6yd. R. Dix, ' A. (5. Smith, Chas. Alex. Lawrence, W. Tho3. Hildruth, J. J. K. Powell, Geo. Alf. Chapman, Thos. W. J. Bonithorn, Edward Bull, Wm. Wills, John Mallard, and Robert ChaseMorris. HIS HONOUR'S CHARGE. His Honour, in charging the Grand Jury, said that there was a fairly considerable number of cases to bo investigated. None of them was, however, of a serious nature. It was to be regretted that, of the seventeen cases which wero on the list, six wero alleged offences against morality. Tho other cases related mainly to charges of theft, breaking and entering, assault and robbery, theft from tho person, etc. With reference to some of tho cases it' was not neccssary to mako any remarks. -Where stolon property was found in. the possession of an accuscd person shortly after tho offonco was committed tho assumption was that that person was guilty of tho offence. In numbers of cases of tho kind the accuscd person was able to account for having the stolon property in his or her possession. If tho Grand Jury found that stolen property had been so traced to tho possession of n prisoner it; should find a truo bill. Thero was one case in particular to which ho wished to refer. About two months ago a shop in Cuba Street, belonging to Mr. Crouch, jeweller, was broken into and a very largo quantity of jewellery was stolen between 0 and G in tho morning. No person actually saw the crime being committed, but a constable on his beat heard the lioiso consequent on a window being smashed.. Shortly after tho oecurrcnco the prisoner was seen in tho locality. That circumstance alone would, of coursc,'be insufficient to.justify the Grand Jury.in finding a true bill. There would, however, bo evidenco to the effect that on tho morning .'ill question prisoner showed a ring to another person and that two.days, later ho pawned . a ring 'which had been identified by tho prosecutor as ono of a numboi' of rings stolen from his promises. If tlieso facts wero proved to its satisfaction tho Grand Jury put prisoner oil his trial. Tho peculiar part about tho case was that although feoods valued at £300 were stolen, only ono ring had been allegedly, traced. Then, again, there was a case in which a wharf labourer was alleged to have stolen goods from tho s.s: Blenheim and tha s.s. Putiki. Ho did not think tho Grand Jury would haro much difficulty in that case. The only other remarks which he wished to mnko hid reference to the alleged seiuf.l offences. One of the. cases was a singular ono. The medical evidonco alono did not conclusively provo that' a crimo lind been c-onimittod. ( If tho Grand Jury thought that tho. girl's story was worthy of belief it should roturn a .true bill. Referring to a case in' which a younger girl was concerned, His Honour, said prisoner might- bo perfectly innocont, but if he were not it was a matter of great regret that a child should bo interfered with in tho way alleged., 'i'ho only other caso to which tho attention of tho Grand Jury was drawn was that, in which a married woman was -charged with having attempted an illegal operation upon herself. His Honour. said that if tho Grand Jury wero satisfied that an offence had been committed it ought not to allow sympathy_ for the unfortunato woman to obscuro its judgment. Tho prisoner had t-hreo or four of a family, and slio was' in poor circumstances. In doing what was alleged, it might bo that slio - had been actuated by a desiro not to bring another child into tho world when slio could not support those which she already had. .If tho facts relied on by tho Crown wero proved, it was a most distressing case, but sho ought to bo placed on her trial. The measure of punishment if she wero found guilty would bo a matter for tho Court. In'conclusion. His Honour expressed regret that thero should bo so many cases on the list. The number could not, however, bo reckoned exceptionally largo considering tho size and population of tho city and district. .

TRUE BILLS. Tho Grand Jury, which coiichulcd its deliberations at six p.m., found true bills with respect to tlio following charges:— Wallace Herbert Stewart, forgery (new trial) 1 . John Griffin, indeccnt assault. Arthur Nankivell, criminal assault. Ellen Johnson, attempted illegal operation. William Guim M'Ka.y, theft (two charges). James Smith, alias Griffo, theft from the porson. ' " George. Oram, breaking, entering,' and theft. ' Daniel Murphy, theft. Elizabeth Black, alias Grant, alias Freeman, theft from the porson. Daniel Morgan, theft from the person. William Edmund Mackio, assault and robbery and theft from the porson. Harry Ballantyne, alleged indecency. Henry Mather, theft. James Madder «—d Henry Mather, theft. William West,' r lias Westphal, attempted criminal assault. John Clialker, theft from tlio porson at l'ahiatua. NO BILL. No bill was found in regard to the following, charge:— Patrick Ryan,' indecent assault. . BREAKING, ENTERING, AND THEFT. SENTENCE POSTPONED.' James' Madder, a middle-aged/ mail, and Henry Mather, a young man, w6re charged with having, 011 July 20, stolen a number of ■articles from the dwellinghouse of H. J. Stanley Rickard.' Kelburao Parade. , Prisoners, who were unrepresented by counsel, pleaded not guilty. Tlio following-jury were empanelled:—W. Crabtreo (foreman), G. D. Dixon,. R. A. Hamerton, J. Cunningham, W. J. Thompson, T. Loughnan, W. P. Pringle, W. H. T. Sebby, H. W. Hawk, T. Page, L. A. George, anil E. J. Road.

Tho Crown Prosecutor said that some of the goods which wero stolen belonged to Mr. Riokard, somo to his brother, _ and somo to a sister of Mrs. Rickard. A shirt and a pair of underpants which, it was alleged, were portion, of the stolen goods had been subsequently recovered, having been found on Madder. A handkerchief which was like one belonging to' Mrs. Richard's sister, was also found in Madder's possession: A box of pills and a lucky bean wero found in a room occupied by tho two accused. The theft had taken place in tho daytime during tho absence of tho inmates from 'the house. On the date 'in question tho two prisoners wore seen in the neighbourhood between 12 110011 and 2 p.m. gathering bottles. A witness would say they were seen in tlio back-yard of tho house. The caso was stronger against ;Madder than against Slather. Mrs. Rickard, who said her husband was n chemist, identified articles of underclothing found 011 one of tho accused as the property of her husband. _ She could not swear that tho handkerchief was that of her sister.

Davidina. Lang deposed that sho had possessed a lucky bean very like tho one found.

11. J. S. Rickard also gave evidence,

In reply to Madder, witness said lie had worn tho shirt too often not to know it. ■

iEvidonco was also given by Win. Henry ]sallingor, Eliza G. Downs, I{. P. WettenliAll, Maria Baskcrville, Gerald V. Sisson, Itnchcl Outlier, and Detective Broberg. This closed, the case for the prosecution. . Mather, who clicitcd to give evidence, stated'that, ho was a dealer residing in Tennyson Street. On tho Wednesday subsequent to the date: oil which the offence wfts committed a man asked him to buy a shirt and underpants for 25., .Ultimately

ho purchased them for Is. Gel. for Madder, who was with him at the time.

Cross-examined, witness stated that lie name out to Now Zealand oil the lonic six months ago. Evidonco was called by the prisoners as follotvs

William Henry Walter, missioner, remembered Madder, who was drunk at the time, crying during a church service.

Daisy Mitchell, shorthand writer, stated that, whilst Madder was crying in _ the church, slio, gave him,a handkerchief similar to the 0110 produced. Clias. A. Fletcher, chemist, was also called. Both prisoners briefly addressed the jury, and His Honour s.ummcd up. The jury, which retired/at 3.55, returned at 4.25 with a verdict of guilty. Prisoners were remanded for sentence until Wednesday morning. ALLEGED THEFT FROM THE PERSON. PRISONER FOUND GUILTY OF RECEIVING. James Smith, alias Griffo, a middle-aged man, was charged with having, on March 14, 19(18, stolen a gold watch, a metal watch, and a chain from the person of James Watson. Prisoner, who was represented by Mr. O'Leary, denied the offence. Tho following jury was empanelled:— Stephen C. G. Swiney (foreman), Win. Hay, 0. H. T. Matthews, Jas. Nelson, David Kean, A. J. E. Bentley, Keg. Itobinson, Herbert Swindell, Frank M'Gregor, Tlios. Graham, Chas. Jas. Thornton, and Arthur Bedford. The Crown Prosecut-or briefly outlined tho facts of tho ease.

Prosecutor, who is a carpenter, residing at Kent Terrace, identified a watch and chain (produced) as his property. On the night in question a man resembling accuscd entered into conversation with.him whilst ho was under tho influence of- liquor. Ho missed the articles, which were -worth £10, whilst on his way home. '' ' '

Joseph Barsht, watchmakor and jeweller, dojiosctl tljat lid had'known prisoner for five years. "Witness purchased a watch andchain (produced) from prisoner, who-told him that ho had bought'then!'from Mr. Scholefield, of Manners Street. Next day the polico took possession of the articles. A few days later prisoner wanted him to buy a inctal watch from him.

W. 11. Scholc'field, watchmakor and jeweller, slated that it was untrue ho had sold tho watch and chain (produced) to prisoner. Detective Cassells gave evidence that he.arrested prisoner in tho Martinborougli district. Prisoner told him that he didn't know Barsht, and that ho hadn't sold the articles ill question to him. Afterwards ho admitted that ho know him.-, ,

This closed the case for the prosecution. Prisoner deposed that he purchased a gold watch and chain from a gentleman, whom ho did not know, for ten sliillings.

Cross-examined prisoner stated that both wcro under tho influence of liquor at the time. Barsht's evidence was untrue. Ho was fined for theft at Featherston on one occasion. . Counsel addressed tho jury and his Honour summed up. Tho jury, which retired at 5.27, returned at 5.37 with a verdict of guilty of having been in possession of stolen .property.. Sentence was postponed until Wednesday morning. PRISONERS SENTENCED. Sentence was passed on four prisoners who had ontored pleas .of guilty, in tho Lower Court. ...... .A PAINFUL CASE. i NINE MONTHS FOR THEFT. OF GUNS.' Henry William M'Kay, who had admitted ton'charges of theft of guns from his employers, Messrs. E. W. Mills and Co., was tho first prisoner to be dealt with. Air. Wilford stated that he had been asked to say a few words on prisoner's behalf. Tho evidence, he submitted, showed that 1 all tho offences were committed within a comparatively short period; Prisoner was a married man with four, children, and had' resided in Wellington for many yoars. Poverty was, of courso, no cicusc for crimc. Tho salary which prisoner had recoived was barely adequate to keep him and his family; it was not sufficient to pay off debts contracted whilst ho was out of work prior to obtaining an engagement with Messrs. Mills and' Co. First of all prisoner received 495. per week, and subsequently £2 15s. Out of that sum ho had to pay 17s. to 18s. per week for rent. It could not bo denied that houscront was a heavy item, to men in his position, and in receipt of tho amount of s*l»ry which ho was paid. Fancy a person earning £1000 per year liaving to pay £300, yearly for rent! Ho voriturcd to say that no ono would bo ablo to do it. Prisoner's past record showed that ho was a man who had had the esteem of well-thinking people. His wife had recently been through a serious operation, and was at present indisposed. Nobody would lose through his misdeeds; tho guns had been returned to Messrs. Mills and Co., and the money which the pawnbrokers had advanced on them would bo re-' turned. Counsel urged that prisoner should not bo sent to gaol.

Evidenco as to. character was given by Win. Chrichton, architect; Thos. H. Morrisjon, optician; Wm. Crabtreo, iron fouuder; and Dctectivo Cassells. His Honour said that the case was 0110 of tlioso painful cases in which one had to perform a very unpleasant duty. It was quite impossiblo for him to apply the provisions of the Probation Act to a caso of its description; as a matter of fact, tho case did not come within tho Act. ' Prisoner- had pleaded guilty to ten charges of theft of goods valued at £72 from his employer between Juno 12 and July 28. Whilst not in receipt of a largo salary, it could not he said that prisoner was getting an exceedingly small 0110. When 110 joined the firm ho was paid £2 10s. per week, but for four weeks prior to his arrest ho had received £2 15s. To somo extent prisoner occupied a position of trust: Had tho caso been 0110 of th'oft of a single article under pressure of sudden temptation, then with his previous good record it would liavo been quite a ease in which probation could have, been granted. An excessively painful duty liad been placed oil him; he had only to admihistcr the law in a proper manner. No doubt the punishment imposed 011 prisoner would react on his wife and family, but that was so in overy case in which a' married man was sentenced. If he allowed tlio prisoner to go at liberty he would be holding out a premium to other dishonestly-inclined persons to commit theft in thc_ course of their employment' The Probation Act was an exceedingly humanitarian measure, and productive of good results if administered with discretion; yet, in a caso like tho ouo 110 was dealing with, to stretch its provisions would be to destroy its truo meaning. Ho would take into consideration tho fact that prisoner had hitherto homo a good character. The sentence of the! Court was that prisoner bo imprisoned for nine months on each charge, with hard labour; tho sentences to be concurrent. FORGERY OF CHEQUES; Edward Thomas Georgo Saul, alias Edward Hughes, was noxt set forward for sentence on a charge of ' having .forged the liarno "A. J. Dutch," to cheques for £6,and &i. Tho Rev. Koith-Ewen informed tho Court that 110 had known prisoner sinco ho last regained his liberty. Prisoner had niado a strenuous effort to livo an honest and upright life. Ho had obtained a situation and worked industriously until ho had mot with a woman who unfortunately had exercised a pernicious influence over him. For years past she had he alleged threatened to expose him to fellow-workmen. In a moment of weakness he had lapsed into drink. It was his profound respect for prisoner's family that brought him to tho Court that morning. When released prisoner would leavo the Dominion. •

Ilis Honour said, that prisoner was sentenced to twelve months for forgery in Jmio 1907 and to six months for a similar offcnco in December 1906 and had also been before tho' Court for drunkenness, vagrancy and n breach of the Licensing Act'. Ho'hail little donbt that prisoner's lapse was.due in some degreo to drink but prisoner had entered on a criminal course. It would be a mistake to bo too lenient, but ho would not impose an exceptionally severe sentence. Prisoner would be sentenced to two years' imprisonment .with hard labour*

THEFT FROM A DWELLING. William Morgan, who had pleaded guilty to a cliargo of having stolen goods "valued at £11 Is. lid. from the dwelling of Barton Smith, was then presented for sentence. Prisoner was handed tho report of tho Probation Officer. Ho declared that ho bad not consorted with thieves, and that this was his first offence. - ' : His Honour said the offence/ though a first one, could not bo-met .with probation. Tho police report also" was unfavourable. Ho would impose a sentence of nine months' imprisonment with hard'labour. THEFT OF A'BICYCLE. Gustav Rudolf Freckcn who had admitted having stolen a bicycle at Dannevirko was also set forward. His Honour said that police report described accused as a degenerate, His father could do nothing", with him,, nor .control him.' It was unfortunate, .said, his Honour, that there was not a placo to which to send youlig men of this character. Accused was too old to go to an industrial school and the only thing was to send him to gaol. Ho would be sentenced to twolvo months' imprisonment with hard labour.