Supreme Court.

Daily Telegraph (Napier), Issue 5480, 20 March 1889, Page 3

Supreme Court.

THIS DAY*

CRIMINAL SITTINGS,

(Before Hia Honor Judge Richmond;)

James Morton, found gnilty yesterday of o larceny, wassentenced to two years' imprison- fi incnt. -■"••, : ' , ■ In the case of James Atcmson, wno pleaded Kuilty of forgery, Mr . Ckwnford „ said Mr. Lawry, M.H.R., would enter into a bond of £100 for the lade good conduct for twelve months. Hie Honor said he bbml. ! • ' ' '■■ ;■ ■' -\ ! John Kennedy, who pleaded guilty of forgery whs brought up for sentence. His' >• Honor enid tho prisoner had a bad record, and therefore htf ottMd hint a light eentencci. The prisoner would be sentenced to two years' imprisonment, but if agnin brought before the Court he must expect to bo iucitreeratefl for « lon* period/-. The , Judges tried short sentences, but if they \-did not keep h man frf«ta ! cfihiey : Fuf snuft,, , ' expect severo punishment. i '" ' Thomas 11. Toppin, who pleaded guilty {t to forgery yesterday, was brought-up for p sentence. • The prisotver e*pr<sseed bin.ti-gret, tt for h« crime. Hia Honor said the oilenco a , was not a very grave one ; if it had been n first ofionoe he wb|ildhave doiitt with the * matter Unfitly, but prisoner had been con- £ Ticted Utefore.. The sentence ,of the Court a] . was two Jfcars*' imljrisomntint. 8 | Williart)li«li,neA .was olinrgetl witti stealing £6iVsio of John McKetude, Mr Loo appcfwefi 1 for the 1 accWd.- - > <■■ tt Mr Cotterill stated.,,tho cas<j»- for the Crown. • &•* , J, y t •"- -^ RobetMwMflWA deposed' he was era. )B«evirli«V , Wli* in DanoTirke'.on the lOtn m Februa%.Tn&'prisoner Wfis with him. in Returned to Miiungatoro with the prisoner th after irottiugr eomo money from McKenzie Prisoner showed Mitt' two bne-pound notes —jubilee notea, the new issue of tho Bunk of Sew - tfeatftttar Gulfed out 'MdKttizmV money, which amounted to nearly nineteen £ ■mttoM' Inel»aodin/thoißoney wa.^|lO notfc ofHbe Battle of NoW South Wates,' . rrieobii-Wittittked ho wiuld bo werth knocks' jinir Told him tho , - money was Mo- £ Kenaie'ei' G*w the mow-y..'to MoKenri*' Vhtm he got to tho station. Heard McKensdehftd lost h'ifc ttuHMJy.'atid he (witness) want to tell Conetable Eyan. Hid himself in the bueh, and *aw Harkneas and his mate paw on their way to Dancvirke. T6 His Honor: Harknew* and hie route' a £ war* leaving tho. litfttion on the day they W! paenodhirainthobush. m T<S Mr^Lee: < Hatknesa had worked on the th station before bo took the contract. <■ The' Wl prisoner as far as H«4 knew ■ always worktd t h tor hie living. It was by arrangement with Si McKenzie thet he w«e to dog the prisoner's ]« footsteps. MoKenzio did not tell him till J c the Saturday that he had: lost the money on i, a the Sunday though ho saw him several Cc times a day.' v " ■ f ' '"'",' . 101 John McKenzie deposed ho was cook at an the Maungatoro station. Accused and bis be mate occupied the shearers , whare.. On toe- w , 9th and lOtfcFeTtfrnary there wore no other Tl persons exoepting acuused ana tomato m m , &l whare. On the 10th. Febttary McMillan brought him the amount of tho cheque he Fwltnees) had given him to cash w ] to tffi™ '*••■■«« £18 28 3d- Placed pt this money in hie (witness's) pocket-book Had £45 in Mβ pocket-book: besides- that dl amount. Was certain about the amountc_of. lh B amhfa-TM-in.Wi»oj»t.bdok. - On B0 that afternoon he placed all the notes m his Bock6t-Boofe> plwsintfa fend, rohnd it, and But it in the, right hand outeiau coat Mcloet, T>«ttiag the coaton ft nail, tin the bi ioo™house. Then went down to the si , IhearerV 'and he saw the -Svrieoner Had gone to get a mare, which a j •■" leTreda ? c^to;hpW ? fer. a, moment. Weiit to tKe harnessJroom to get the comb, in and when ho sot back caw accused going io towards the oook-houee. w«rf two gt man in the harness-room with whom r£ he stayed for about twenty minutes T telkinir Also went to the cook- ai house-"then disooverod that pocket Ul book was, iaanpther. pocket to where ho a< had placed it. and tho, money, wus gone. .;.. SreWsa peculiarity .about.,«» of the fl , "tea! and recognised tin. note produced tl Tntonded to have banked ,the money next ~ £?* Reported the loss of h s money to the ri manager of.the eUtion, and on going: to si Sanevirke he reported the ,matte*;. to BS£htoEy«,whb,.on that day. conld W attend td the matter. Went a jam on, - not to come to the station' us ho determined a private equity.. Saambeni tte prisoner leaving the .station on Wednesday week following Had no said anything to accused on the day he left regarding the loss of. the money. After "ceased feft tho station followed him up.; GH«ea, a mate o£: accused accompaoujd. Urn. inconecqttonw.of wh*t paeeed.betweea McMillan and Wm«elf the fomer k 2« "toft to watch. .The constable wwako d Awaiting, who ran oat of *c hush te ling 0 , Gibson and accused to stop. They declined, b aa d followed them to. Denwirke. ; Saw p Harkneap eate; the hotel, and shortly af terwardsaocueeclhadanewsuiton. Accused was searched, hut only ten and sixpence Zμ found on Mm. Told Constable Eyan / ■ to let tho matter top just then, bnt subtenuent piooeedings were taken. ■ •■ - t fcMr. I*«: H" 1 intended sending, the f memey to a iriend in Feilding to bank for t him Prior to tho day on which ,the money c -wae'etolen tho foreman had kept tho money v for him On tbe day the notes were lost there were about eight.men on the station. William Anderson, shepherd, deposed no «Sered a dog to accused for wle. Accused jmte him £1 for it; the no c produced he S.««/nißed- it wjs a jubilee tote of the c Ck of New Z«land Wh«n accused t handed out hie potket book noticed a nura- ] ber of notes in the book. . ._ Edward Averill deposed in February last . ho was employed m Maungutoro station as clerk Remembered accused bwug paid oft on the ''Oth February, receiving a cheque for £ ,7 7 oda • acuwed aud Gibson had taken ; a contract on the station, and tho cheque _A covered the contact. Accused was not paid in notes;. aorneed left a letter on the Ly ho went away, addressed to William Cairns. Gave thelettor to Cairna, in which there woro two on) pound notes ;•■ both appeared to be Bank of Now Zealand jubilee Bart. Denhohy,-publican at Danovirke, deposed he remeirbered eeoing prisoner on the day he was searuhed by Conetable ■Rvnn Accused came to the hotel near dinnertime, and bis mate Gibson, was with him They put their homes in ths i rtahle, and accused asked him to cash a ■ Xquo for Sell odd. . Accused then aeked Mm for a couple of single notes which ho tave. Constable Ryan then came m. Next lay saw accused comingup the street with Stable Evan, and: accused was searched bit end the oheqaff was oaahed. Gibson r gdSl to give accused iilC as h«> *W Accused owed him an account, and with the toney h«n, made £o 10s, so. that was deducted from £16, Thought he gave accused a live At Constable -R««n's recmest marked,-tbe note. Cicf Cringle, saddler at Palmewton ./ir Jonnsed he.-remembered seeing N0 c J; da tKplacl'about the 25th Feb. S accused paying a groom or a *w had ■'ootne through by coach the on Hartnces to see whether ho went SSSe larceny of the money, and accused Taid he thought ho -hud heard the last of ' Set Searched him and found two notea 1 of the Bank of New Zealand, on the ColonLl Bank, one Bank of New South Wale and some silver. Recognised the note, produced; it was a jubilee note of theßSak of Now r / e alund x aud xt correa■nonded with the uoteahehad taken of it. Sergeant Carlyon also gave evidenco. Thw cloßed the cage fup the Crown,

ii ibyae,» , weak case. j Mr.- tee,.adjijreseinjj the Court on behalf w adoilaed, saia thoi-e no case to go to the jury. There wns only the matter of the :jubueVnotej surely another note might ■ha>e bpon similarly marked. '■ Hia|Honbr< said'jjn feeding the depositions jie thought tfi'e case would fall, but he determined to jury hear the.,case. It was his duty, whetf'the evidence did not •warrant a conviction, tosay 'his opinion to the jury. And he would.,sayvm thia case ttat the evidence w.as senreety; sufficient for a -> cpnviction. Wasr it the opiriTqn/ of the jufA that hmshbuldj record a verSttct of not guilty? I ; TUe'iforeman said that was the opinion of juQr, and the accused was discharged. then adjourned till ten o'clock toimorrofr J V^-' 1 .-