LAW REPORTS.

Dominion, Volume 2, Issue 429, 11 February 1909, Page 4

LAW REPORTS.

SUPREME COURT,

CItIiUNAL" SITTINGS

CASE ,0F EDWARD JOHN SEAIIL.

''// -WAS/iTHE JURY PREJUDICED?, f:/ '•■■ The .first matter dealt .'with /.'when -the: criminal ■ sittings were 'resumed- yesterday before Mr. Justice'; Cooper was /.tho , question of sentence en. Edward John Searl, who was, on Friday, found guilty of having forged the name of his-brother-in-law, W. -T. Gilbert; to', a cheque for £7. v/--/.'.,,'■' "■'- ■_ Mr. AVilford, who appeared on behalf of tho prisoner, produced a' number of testi-. momals which his..client., had. rocoirod since ;nis conviction. . Among,those'-*'who had given certificates/as to his character "were Messrs. J- p. J. W. Fear, and his solicitor, Mr. Dunn, who explainod.prisoner's financial position prior, to.the offance.":Each ;of the testimonials spoke well of 'prisoner's character.,- Tho question .of probation., for prisoner was- ono' solely, for tho'.Court.■'-. He (Mr.-AVilford) might-point out that prisoner. , had never- before been conviotod of ■ a criminal; offence, and porhaps' would be allowed' to, refer to the nature' of tho! crime.' No [brie ■ was ./defrauded .in . consequence of. ,theO of-; fence,"iho: bheque was 'iiover, ; doal't with— ■in;, fact,; it was .never in a position to ■. he dealt with-randiho person into: whose hands: it- fell, had, never notified -prisoner that., it had never been presented'Ho would.also ask his ■ Honour :to tako,, into.: consideration a tolegram: ,oritho /'subject which jirisonor, had sent to' his. brother-in-law. - Prisoner .had ,now; made, a : fresh start ,'in-lifp at; Akaroa, : where he and'.his wife had opened- a board-lng-houso oh -'a. reasonably large.scale-.' Ho had' already'gained, the ;esteom of the resi-/ ■dents; .who' recently -made 'a presentation-to him.'.'Dependent on shim in addition -to his wife .-were two. young .children. '.It was a case;■'regarding.-''' which ' he .(counsel), 'would urge that.elemohey might'bf extende'd. > Tile •prosecution, /would;: be a-., lesson.' to ''prisoner all ..his. life * and : :\ reformat ibit - would ,be .brought about; without sending him'-to prison..: He (counsel) liad;observed that tho reports submitted by 'the / police,,including -that of the,chief- detective, Wore adverse'to' llnsoncr.;':.; : Al.thoiiglr reports :;by. police'offi-' rials warranted careful consideration,'it, wan, he-thought,Vjust' possible:.: that', prejudice might'.creep'into :tlio: most 'logical minds.' During -the trial he had ' had i to put .up a big fight ;,on, behalf: of -prisoner;* '/ because there .-was considerable him in/:certain quarters;' Even references in tho local/press ■' had'; affected tho/question; of' his trial.';.• Statements-:which had been mado had : undoubtedly:prejudicially;.affected"him. :,;: The notice * boards in ..front of. skc-ps -set/out who prisoner'.was :so ,that'. those /who ran: might' .by :granting...probation,liis Honour, would be invoking the provisions :qf the .:Statute;'lie.would: be ■ affording; nriEoner' another:chance. "' ,::./.- ■:;//•-■■-:

' >'His; : Honour.said tliat'he/had 'nothadtaii; opportunity :..to; peruse. various'/ : statements: :wluch had beea,/handed "to. him.' Ho 'might sayitliatiri'his.'opinionthe/jury was' not: actuated., by/ prejudice; ; ' Thoir verdict .was; he thought,::quitp , ;- ; intelligible. ; 'Ho/'would'..not Ijlte.'ifc to go forth ;tbthe;public.-that;:iri.ar-' rivings.at it's• conclusions,;the'jury/ was*iri'(l.neD.c.ed ;by:-::prej'udice../ It. bad, 1 in his'.bpiri- . ion ,_ given: an; honcst^oo'iiscioritious, ; and - .'prpjudiced./vordict.-.riHe mentioned : :that,-'bo-Causp a. jury:;had;a.'responsible iand onerous duty/ tp /perform.:.-/Wheii -a'-suggestioii-of : prejudice, was/made, against/a. jury,-, it-was ;Only/'«fillt fpr the" 'Judge .if.' he /was satisfied that-tliero,;was : ■ rw/ground'/for..'the /allega:tien„tpr,say sp.:.The;demeaneur.'pf=thbjury • tue' : manner: in,-.which': the'•'•jury had ap-;prpaphPd-tho/case;-and/the'time '.'which/.:ithad,taken; in■ considering/its. verdiot,showed an absence; of; prejudico from' tho ■ inihds' of 'Mio/jury;/'./--,;;', ;:■;.'■;;;;•';;/:. *\s>\, J : : .;:--• /-::-.'

::/Mr.;;Wnford::;What : l/mcant'was-tliaVilihe ■jttry;,was, unconsciously .prejudiced;-- • : ■'- ; ■-, ;,j:His; r Honourv: Wpll,/lidori't/thihkvthere ■wa.s: ; aay,,,unconspious,.:bias.,,in.:the miii'dsiof the.;]ury. ; ;;.,;:■./;,;::::;/ :?; ■ w-i-;.; .,,; •-- / :;Mr,S|VJlfor4'::;Theipoint''l .make:.,was. that;, the.-jury/might-have a biii3' :and;be/unMriscious; of-tho-factr i'/;,';/'.-.•./' j.H!C/Hbniur:-I;;am/;satisfted.'tot;-the jurv' did-its .duty, conscientiously aiid'without'any. ;feelmg^ r W e -/?i" o i'!ond:;pris6no'r^ofi'V : the v : , 'othcrj\''-t ■' Bh b!l.-/-,'not,,;determine''^..'whether ; probationshould;, bo;.granted /until ,1. have ..considered the material that /Has..been placed before me' Sentence, will. be./deferred''.until /(ThUrsday)::morniiig; ;l ;// '•-' ■':;• '■'■'' ■■:•■■■■:-...:■■,■■■•■:

/■CHARGE ;!:OE^ ; SiraEP^^NG/^^ ly -; Joh'ntfl'KeQfej; a middle-aged; settie'r; "was' innL o^ i- :^ or ' that he ■' d 'd-on;December; 21;; 180S,';,at. Otaraia,:near,Martinborougli;, steal :three', ewes;and one,lamb; itlie■'.property, of a ;.neighbour ; ;named >Ar.thurl ! Martin.--"..-' - ,';,:,:;'.-: VOn;behalf of;the K.C., 1 with .him- Mr, :;Pownall: (who" wcrorin-. .struotedby Mr., J.: JV. Card, of Featherstori) ■,'■■;. : -''-\y\ : :<':-; : i -' ■■"■ '■.:'. ,>y-:~'} was ;asked ; to . pkad); Sir.Sherrett..asked?his Honour to: quash ''the'count'; relating. to -the; alleged' larceny of the; -lamb;; ;The..count.-hadi;he said; been 'sjnce;;pnsdner'''waß/;-commitlio'd r forfi'tri»l- ! -pn' ~thocharge of having ;stole«i:the ewes.'-, -■■■■•: f for thG,.Crowii; - contended'that : ;thero..was : no ground for the quashing of the .count,.; y:"y ■'<'^::y : -, ■■ -. ,-:••.- .

Upon, prisoner, Having .pleaded''not;gmlty ; to,both counts,-1113:Honourorddred that the'. . charge relating to : th<j-alleged, theft .of'tho ewes-should; bo'-' heard -'first,, v v--'-. ~,-,;; '■>■ Gord6n;'KinrossiCrawfordi- tho first witness' ;for; the;, Crown;'; stated; that':he, had'.beon learning, farming,-; on : '\.prisoner's i property since/.September, 1907.;::Tho'earmark .used .by,prosecutor';, was quite.-distinot from"that wfi by prisoner.; -About'shearing timer 1 -in 1907; ; ho, saw a' ewe belonging to prosecutor 1 onVpnsoncr's was 'still there at shearing time in- 1808,; when' it '.and -drafted' outfrom prisoner's 'flock; and placed ivjth. some, rams.; None of;.tho'three ;,sheep wero shorn. -. Sjnce.he returned from''a holiday, .-'which extended; from' Decembe r: 19: to January ;4, ; he.had, not seen- the,sheep. Af;.ter '-ho came - back 'from; his holiday' he; saw. a ■ skin. uhdor.-'his .bed; but it was removed next morning.'... y :■'.;'<■'■ ■■! V. ="-.-■: yy : • -;■:;;:'" !■■■ Mr, ■ Skcrrett .'Prisoner made no. secret that' ho; Had threo 'sheep'' belonging .to"'-- =the : .pfosecutdr. ; As"a'matter •of .fact, ho had •■m',Depember';-la,s^:''told-:'him'-.i»\'.'-toIl':-'B-.:''inah-nttmed;-Palmer; ;whp'-worlftd for proaeoutor,' thafc.he had.them.: ;'r;;'; M :i; •;'. -• .

■•■:' Alfred Henry, Collins,.:labourer,, gave' evidence that .he went '$o:work'for< prosecutor just after.the New'.Year.,'Prior to .that date .from; December.;l2^ho,wasiu.tho'employ of •prisoner.'; jF6r;' ; sorn'e; months .he had gone under the name of .'/Smith,'.' owing to family matters,' Only;occasionally'"' did' prisoner do any.'sheep work,• but ho'was, always about the men at ..work.': : Four days be-, fore Christinas, and during '/Crawford's ab- ; sence,; he killed .a.'sheep. .'Whilst he was ,having, a'smoke, after'.tea,'ho: saw prisoner driving some, rams and three sheep: towards a'.gully,: .where he'remained; for a quarter, of an, hour.; Prisoner instructed him'to kill the : four-tooth ; was already 'tied up. -Witness' also;- killed 'a'lamb'tho day. befp're: Christmas, and another two-tootli'ewe the ;day before f New \ Year, v. Crawford had told/him; that: the >heep; belonged to the prosecutor: wiien-'he \vont; : to work for.-pri-soner; . : -'..vHo; cut off'the oars' because ,ho wanted to see if that'.were tho case." Witness .gave the ears'belonging to tho first sheep to Mr. Robinson, the manager of prosecutor's estate.. . He,; afterwards •'; noticed that tho ears ;bn tho second 'skin had been removed;,- When .tlie police wero making investigations,,' prisoner' and witness being present, he found that one. of the skins was missing, and that more, of tho ears on th'e iother sheep, had; been taken off. • Whilst Crawford'was away the only persons oh the, (property were prisoner: and himself. 1 - : Witness was cross-examined, by Mr.' Skerrett.:';;;: •:'..-v'. : '-..-.'. "■„ ; • .."■.'•..-'■■ : .-'■ ■ '■

!.- Did you learn whilst'you were at prisoner's, place: that ho arid proscoutor, were deadly cnemios?—l only.heard.-'that they had had a caso: about a trespass, : arid.', .that they had no Jove for ono another. ._ .'■•., ; ~ : ,''".', ; Did you know,that.prisoner and Robinson (the, manager-.for ■ prosecutor) -were - not 'oil : friendly terms P—l Jia'd he&rd prisoner' makd ; disparaging remarks about Robinson, '•

'.'■ did you -leavo prisoner's place?—-I had a disagreement with him., '■■' ■ , Robert Henry-Robinson, manager of prosecutor's property at Otaraia, was tho next ,witnbs3. .Wlion they mustered in November, 23 sheep out of 1100 wero. missing. Only 11 or 12.could bo accounted for. In tho presence--' of tho police, prisoner and. others,- ho tried to fit tho ears which, Collins had handed to him on.thb.stumps on tho skin which Collins said belonged to tho first sheep he killed, but they would not fit..,- ■ He. was of opinion that-the -skin- had.boon taken off.a butcher's sheep,: and not off a "dead".sheep. It l was tho practice to take tho feet off butchers' sheep, but. not off "dead" sheep. There was a live sheep belonging to prosecutor on prisoner's property. Since September they, had not re-: coived any notice that : there - Wore any,of' .prosecutor's sheep on .prisoner's_ property. ■'.When-.ho'saw [tho. skin in;question in the shed'it was quite fresh. '-~" . Have you never, said that y'bii intended/tO; trap prisoner?—l may havesaid 1 would trap him: with a firo brand. ■What do you mean?— That I Would secretly brand shoop. ■;j Have; you sent inen to deliberately .annoy prisoner'?—-No.'' . . -. '..' Did you riot tell some of your men to go on -fcy prisoner's, property, and if.he objected to throw him into.a lagoon?— No. , -~; :; .Wore you'not prosecuted by O'Keefe for ;assault?—tNo; it .was by another man. ~ - '■'' Andwhat happened?—l had him up'for; perjury, but the charge was thrown but. !■"' It, is not usual for your prosecutions to bs. so "treated ?—That, wna .the .only. one. -.' Didn't "you .lay, the, information charging prisoner with. sheep-stealing- on- a, former occasion?— Yes.' , -V:',,:. - : ' ■: '■•And': he,'is out "of gaoi-yet, much to '.your annoyance'?—No'answer: ~'; , ' '...' w'--y- ---- Why/was it. that, prosecutor, did not bring, the information,to 3'hioh, I have. just, referred?—l don't know. ." ' ! ' '-•' Have; you ever fired a shot out of a rifle at • prisoner's sheep P—No,". " . ••: . Cameron -gave, .evidence relating to search that.was matte at accused's place,-: '•;:'- ;.". ""::,-''";: :■■■:'■ ■.-.''■.■•■ : '•;!■ Chiof Detective Broborg stated that,ho.ar-'" rested accused on 'January 9i: Wlion he read ;tho, warrant-accused made no reply. ~;.:. '-, Mr'. Skerrett: Who laid the information?— Mr, Martin.:* Y ..■•■'■ ,v... ::■},'-[

.Is it not; a. fact'that the police refused to ■.move'in.:,the matter amounts tb.thatih. : a;-way. ./',_■:; ;■,-■ ;.-"-;.';; '. : -'-.'. :■'■:'■■ ' .'■';'';, '.■■...•.-•-"•'.•.' ;: .What', do; you'-mean ?.—-The police: never, nioye, in; sheep-stealing :cases unless; the person , who alleged that ho! has.' been , fobbed ;6f ■ sheep' lays .the information.: •: Was it;not. desired that the 'police'should ta-ko /.the responsibility P-v-No. ' I explained the ■ position; :.He asked ;whetnor.,there was' enough: to.go on..j Upon being - told ;'that. thcro .was;he. laid the.in- ; .';,''. '■■■■■'■ ■ .';'.;' -'"v"-'';./ Evidence Vas' also given' by. • Samuel - Burridge,; in■;charge- of ,tiio:fellmongery.department'at .-.the'-.Gear :Meat; Company y. 'Geo;. .■D/'flßWitti^woel.classor;,James G. Godward, skin -dealer;, and-: A\; G., W..; Jarmah,- .fell-. monger.'.'v l ,:'--;;''. '. : -.' : '>':'- : '' •■>';;';:'■";:;- r -.. ; The Only.;other.witness for;the; prosecution •was A.'.;A. McLafenj.'.laboipror, whd was; in the:'; employ of /prosecutor '.on-, the- date in -.'.;'.■;■:■ ;';-;''^-.-..■'.-.;. !'-■/>/ /' y. -.■';..; ;v,; v.'At-this.'stage, the;; Court! adjourned >,until this morning, prisoner being admitted to bail as'ho was-in-feeble health. ■'•• ■■'.<■/■-