THIS DAY.

Evening Post, Volume XVII, Issue 314, 8 January 1879, Page 2

THIS DAY.

On the Court resuming this morning the jury in Sweet's case were ushered in. As the foreman stated that there was not the slightest cbance of an agreement, his Honor directed them to be discharged, relieving them from further service untii to-morrow. On the application of Mr. Izard, Crown Prosecutor, the prisoner was sent back to gaol, in order that he might bo tried by another jury. SENTENCE. Charles Schmidt was brought up for sentence for robbery. His Honor said— The jury have convicted you of the offence charged 'against you, and there are certainly no mitigating circumstances for me to take into consideration. You were, as far as I am able to judge, without any temptation whatever — with money in the Savings Bank, and of saving and sober habits. In somo cases men, by the indulgence of vices, are led into temptation, and commit crime for the purpose of retrieving their position ; bnt in this case you appear to have committed the robbery simply from a desire to acquire another man's property. I must pass a very severe sentence. The sentence of the Court is that you be kept in penal servitude for three years.< Mr. Izard asked that the £75 found on the prisoner, and which was by the verdict of the jury declared to be part of the money stolen from Mr. Cooper, might be returned to that gentleman. Mr. Buckley said he should not oppose the application, provided that the money in the ! Savings' Bank were not touched, and his i Honor made an order accordingly. ATTEMPTED SUICIDE. Kate Bawes was placed in the dock charged with attempting to commit suicide. In answer to the usual question, the accused replied— l plead guilty to being in the water. His Honor— That is no plea at all. " Being in the water" is a perfectly innocent act. I! you wish to stand your trial on the charge, you will of course plead not guilty. Accused — I was worried in my mind, and did not know what I was doing. His Honor— The jury will have to say whether you were out of your mind. Doe 1 * nobody appear for you ? Mr. Buckley— l was instructed to appear, but I understood that she would plead guilty. I have had no opportunity of seeing her yet. Mr. Buckley then retired with the accused for a few minutes, and on their return into Court a plea of guilty was entered. Mr. Buckley— l understand, your Honor, that the husband will become responsible for I her good behaviour in the future, and probably i you will treat the case as you did a similar one last Monday. It appears to be a distressing case. lam also informed that Mr. Isaacs is willing to go bail fur her. At the request of his Honor, Mr. J. F. Margetts stepped forward. His Honor (addressing Mr. Margetts)— lt has been suggested by Mr. Buckley that the ends of justice would be answered in this case if you entered into recognizances for the future good behaviour of the prisoner. The Court has power to enlarge her if satisfied that there is no probability of her attempting to commit the same offence again, and that she regrets the attempt at self-destruction which she has already made. I want to know what you have to say. Are you satisfied in your own mind that she is not likely to make the attempt again? Mr. Margetts — Yes; I am quite satisfied. His Honor— She intimated that she did this when her mind was affected, Mr. Margetts — tea; she had had a great deal of trouble that night. I do not think there is the slightest fear of her doing the same His Honor—She has been oat on bail for some time— about six weeks, I think. How has she. been conducting herself? Has she acted as if her mind was affected ? Mr. Margetts— Not the least, sir. His Honor— lt was only a temporary matter ? Mr. Margetts — Yes, sir. His Honor— You are prepared to enter into a bond for her future good behavior ? Mr. Margetts— Yes, your Honor. His Honor— Well, Mrs Margetts, I have to say the same to you as I said to Mrs. Jacobs. I say nothing about your offence so far as regards yourself, for you must be as fully cognizant as lam of its grave nature ; but I must point out the great trouble and inconvenience which might be caused by such an act as that of which yon bars been guilty. The constable — I don't know Ids nama— who rescued you

might hire risked his life. In this instance the water appears to have been shallow, but he did not know it. You must be aware of the risks, which even an expert swimmer runs, in attempting to rescue another person in the water. In attempting to drown yourself you risk the lives of others, and you should bear this in mind. 1 hope there is no probability of your attempting to commit this offence again. The course I propose to take is to discharge you without judgment on your husband entering into his recognizances in the sum of £50 that you shall appear for judgment when called upon. FORGERY AND BMBBZ2LBMBNT. James Allen Mackie was indicted for forging an order for the payment of £1300. Prisoner pleaded not guilty. Mr. Izard prosecuted for the Crown,- jßr. Buckley representing the Bank of New Zealand ; Mr. Forwood defended the prisoner. The evidence given was similar to that taken in the Resident Magistrate's Court, and recpntly published by us. In cross-examination by Mr. Forwood, Mr. Lawrie, assistant accountant, stated that Mackie had been Bank agent at the Hutt, taking both the Upper Hutt and Lower Hutt, for the last two years. Hi£ salary was £150 until April last, when it wasfntereased to £175 rer annum. In addition to this fie had an allowance of £50 a year, furnished rooms at the Upper Hutt branch, and a railway pass. Witness believed that he also had coals free, but was not sure of this. The Bank was just building a new residence for the agent at the Lower Hutt. The case was proceeding when we went to press. - ___________