LAW REPORTS.

Dominion, Volume 1, Issue 282, 21 August 1908, Page 4

LAW REPORTS.

j- SUPREME: COURT. CRIMINAL SESSIONS, .... " YESTERDAY'S PROCEEDINGS. Tho Criminal Sittings of:the: Supreme Court were/ resumed yesterday, ,'Mr. Justice Cooper taking his seat at ,10. o'clock. BREAKING AND (ENTERING AT KELBURNE. SALUTARY SENTENCES. . James a middle-aged man, and Henry Mather, a young -man,; were pot for-: ward for sentence >upon a charge of -haviiig' broken' and entered the residence -of Mrs. Kickard at Kelburno and stolen a quantity of goods, of wlilclr offence :they,..wero found guilty : on' Monday, ' y Mr. Bell, K.C. 'Prosecutor) informed itho. Court that Mather, whilst in the !omploy of 'Mr. Hildreth, committed lar-; ceuy of his .mastoris .property./: . Madder- khnitteel-having previously :beeii; convicted of breaking .and entering or theft' at Gisborne, Wellington, and Cliristchurch., His-sentence .at :the .last-named city was one. of-.four years. '. ' ',' '; - ".

Addressing prisoner 'Madder, His' Honour feaidj—&*ou are a criminal, and you are an habitual.'! criminal,! and I..intond,. to- 'treat you as Buch, notwithstanding your application -that :t.he, provisions. of the. Act ..should not bo applied ( in your case. Men of your description, who go :about the country'breaking and'.'"ohte'ring houses .and committing thefts,;'-would "lie 1 . : K£ter -plying bucli an unlawful ..calling. I shall sentence you to three years' imprisonment'with-haftl labour,-.and I declgro ; you to-be ail habitualcrujiinal.'

•Addressing prisoner Blather, His Honour 6aid.:—lt is impossible for-me to .eiltertaiu your application .for probation. The offence of breaking and entering a house and stealing 'therfrom' is -a vory : s'orious one, and it is -essential, jn tile- interests.-'of ..the coinr.. immitv, .that' Jiie'n having d ishonesWis &ti); nl-s. should be punished: ■ I shall sentence you to imprisonment with hard labour for threeyears.- _ -

ALLEGED - BURGL ARY IN' CUB A .SfKEET. . .i PRISONER FOUND NOT [GUILTY. George-Oram, a young' man, was charged with .having, on June 20, burglariously brokon and entered tho shop of Thomas Crouch, . in' Cuba Street, and stolen, a large quantity,,of/jeweller/. . N Tlio -who >was* represented .by Mr.: Toogooa, pleaded not-guilty.——- - A jiiryy of whom: Mr. it; Robinson was appointodvforenmrij was .empanelled. Constable JSi'Gregor deposed that, whilst' working his boat at 5.30 on the morning in question, he 'heard{-a noise • similar to that caused .by. glass being .broken. Upon making,, an examination, -lyitjiess. 'found,, that'.'tho window of prosecutor's-shop-had broken, •with .o.b.riclj//. .About 6 o cloqk .'witness sawprisoaerlin the vicinity -of thp shop.-' 'When witness said 'he intended to .Searai 'prisoner tho vlast«r'. remarked: "You .can't search me.. It is after 6 o'clock." "' Miv Bell: J'don't quito understand. Is, there "a rule that'" a person 'foiiiid about the streets, 'at : night/>cannot be ; searched "after., that,hour? .. . . ' ' , , . .• .His Honour : TJn'der the statute night ends at 6 o'clock. • The rulo of law is that tho, Eolice cannot search' a 'man at all without is consent .unless*-ho is under ' arrest. Resuming,' witness . stated that ho did search, the ; prisoner "but found lio,' trace of tho 'stoleii , property: Subsequently lie, again- camo - across prisoner..iu.. tlio .Yiciuity.. of.. the-shop. .-■ On t-liis occasion a man/nanied | .Pejlorsfjii. was jtn/ his -company. searched both Vof-them but foundni]btliing : to indicate that they had been concerned ''in ■ the robbery.- • v- : ■"(Joseph- Metis; pawn-broker, gave evidence tliat/on-' June, 23 a man giving the name of, "Wake!)am pawned a ring (produced) at his establishment for ssl ... . >' Mr. Bell: That is a very small advance on B 'ring of this sort but that was all that was,asked?—^Witness: That is'so. "... Thp witness, continuing,'' stated that, subsequently).ho identified-the ring as having (jriginally ■ belonged to prosecutor - and.' went rpund to ascertain • whether it > formed, part of the- Hvhjch'had been stolen.' Thomas.. Crouch; the' prosecutor, stated that :th'e value of 'the stolen jewellery'was about £300. He heard the noiso caused by"the window being broken and went into tho shop but failed to' detect that his .win*, dow been damaged. Shortly after the robbery had - taken place, he was awakenedby; Constable M'Gregor. '."Whilst" he ' was" standing in front of his shop prisoner camo along and complained to him of the action of a policeman in having searched him. Thoring in question was one of the articles Stolen .from his. 'sliop. / . .. "

Cross-examined, prosecutor stated that, as a rule, lie placed his stock in. a safo at night. On the. eveningyiu Question he. was too tired, owing .to.'.:liayii]g_; token part in ;a .football match Vto'v&o. so. Unless, the'.' window was clearedj.of godds it would not be possible for the brick-to.bq^th'rbwn'through'the window from the* nisidb". '.' ... '' . ....v. ,'.' ; Re-examined,. prosecutor'-declared that ho had on other occasions loft ; the'jewellery in the window overnight. ' John Douglas,' labourer; Watson Street, 'deposed .that early on the mprning in question, prisoner paid a visit to )ijs place. He remarked:—"What do yon think'of my engagement ring?"'/'The' ring was similar,io the''one produced.' ;.■■■

Under" cross-examination,witness stated that he was on .friendly terms with tho prisoner. ' '' ■ _•

Alfred E. Wakeliam,, french • polisher, stated that,, on Juno 23, he met prisoner in Cuba Street. , Prisoner remarked • that, if witness liked to pawn, a ring for 55., ho would "shout." Asked whether it was all right ..prisonor .replied, ",Yes, -it- is mino." AVitness then took tho ring to Metz's establishment, where ss. was advanced upon I ''it. Thplila'S'MaTtiri","w'ho"'was'ih""'cottpaiiy''with AYakeham on the- occasion referred to by him, gave similar evidence. V

I)eteptive Rroberg • deposed that prisoner, prior ; to his. ijrfefij;,': ssid ;he did not know anything about any ; ring which was paiyned at Mote s. Subsequently,: the , pawn ticket (produced) was found '.upon /-prisoner,'*.%lio staged, that;it had'JJoefif given to liimr-' When prison'cr saw,, AVakeham ,'at' the detective's office,, ho rqmarkodjt-A'J.. founds that'; ring in Cuba Street."... .V Thi ? .qlq'sed ,tho v case: for' the prosecution. Prisoner '(sworn) ",;dcniod ! having broken prosecutor s' window or., .stolen' any, of the jewellery. ■ He found a ring on tho morninc m question at aboqt 7.15 opposite" tliti-Silver Grid.He was a-wharf Inboilrer by occupation.'Oh ono occasion,;,he was linpd'fpr/slv grog-sellfng. The 'only other offence {vith which.he,hat} over been charged was'drunkenness .. 'V Cross-examined, prisoner ' stated : that it iid not occur to him-at--the time-lie found ;he .ring that it. might hayp .been stolon Tom prosecutor's shop,- because a stone'was missing from it. Nellie Langvad gave evidence that prisoner ivas staying at her place on the date of the robbery. During tho eleven months lie had been there; ho had always risen at an early hour. On the date, in question he left the house-at about six a.m. She had Been no Jewellery, in his .room.' • ■ " 'J Ole.Pederson, labourer, stated that he frequently went for .'a "walk with prisoner' early in the morning. 1 ' On the morning in question ho met him near Veitch and. Allan's just before 8 o!,clock.. AYlien they wore opposite tho Silver "Grid he noticed prisoner Btoop down and pick up something. Cross-examined, witness stated that lie'and prisoner went up' a right-of-way together. Prisoner had said: "Let us go up here and have a drink; they may have dropped something." - He did not inquire what prisoner meant,, as prisoner had stated that- a policeman had informed him that there had been a burglary, Daniel'MurphJ', labourer, who i? serving a sentence bn a c|iargo qf, havijig. recbived property' (otlior than that! which was involved in .Oram's case) kn'o\vji)g. jt'.'to- have been "dishonestly obtained, stated that he

had been' /prisoner's room-mate. It was about G o'clock ivlioii prisoner left the-, house on in question. . Counsel addressed tho jury at length. His -Honour, in summing up, stated inter alia that ,in England and in Now Zealand, if a person found' an articlc and at tho time ho found it did not think that tho owner of,'it could bo 'found, then ho was not guilty .of., larceny, .whatovor, ho did with it. In England, if tho. finder subsequently: had reasonable ground for believing that the owner could bo found, and pawned the article, he was riot guilty of larceny, because his possession was lawful in the first instance. But in. Now Zoalanjl'thp law had .been altered by the Criminal- Codo so that lawful .possession,, was 110 answer to a charge of conversion, and therefore 'in lite opinion in New Zealand a- finder of an article, who would not have been guilty of larceny if lie had retained,it because his; intention was honest ill' the -first instance, might bo properly con.yicted,,of .larceny if he subsequently dealt with tho 'article as if it were his own, lie, at the time when he so dealt with it, having reasonable belief that the owner could be 'found. If the 'prisoner were found guilty on the count charging'.'liim" with the larceny of tho rinn; lie would, reserve for the'considora.tion of the Court of Appeal tho point as'to' whether the to' which' ho had just referred was correct. .<

.' !Tlie . jury, after 'deliberating-for -two and 'a quarter hours', N returned with a verdict of not ... -His.'[Honour.: On all counts? ■•The-foreman: Yos. .... A "'rider was added by the jury to the effect ,that\all,:witnesses in the case', should liavo. been ordered but of Court until they wero; required ,to,, give their . . His Honour, in reply, stated that lie could not exclude witnesses during the hearing of a "case'unless application to that off cot were :inado ,by- counsef. . -In the present caso ho sucll .application*, had,, been made and ho could not do so oil his own motion.

- The? prisoner was then discharged. .Hhe„Gourt-wilLrcsume at 10 o'clock this mbrhiii'gV