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This Day., Evening Post, Volume XXXII, Issue 122, 7 October 1886
waters' oase. Alfred Waters was brought up for sentence. His Honour said that he, had given some consideration to tho point rained by Mr. Shaw yesterday, viz., that tho cheque was not a negotiable instrument, because words signifying the amount did not apear in the body of the document. He the point was a novelty, and was one whioh it was desirable to reserve for the Court of Appeal. Mr. Shaw pointed out that there could be no miscarriage of justice by reserving tho point for the Court of Appeal, because the prisoner would be in custody all the time. He apprehended that if the point was reserved the prisoner would not be brought up again until next sessions. His Honour thought the better course would be to pass sentence now, and then respite him until tho point raised by his counsel had been deoided. Mr. Bell, who prosecuted on behalf of the Crown, entered » nolle protequl m to a previous conviction for felony, it having been ascertained that tho conviction was not in tho Supreme Court. Mr. Shaw said that prisoner, ho was instructed, was a man who met with an accident some time ago, from the effects of which he still suffered. The criminal reoords of the colony would show that he had been incarcerated in padded cells on two separate occasions. He wm a man whose brain was affected by a very small quantity of drink. He wm for six weeks in a padded cell at Timarn, and on another occasion he was in for two months. Hfs Honour remarked th*t prisoner's condition on those occasions wm no doubt due to delirium tremens. Mr. Shaw said that that was not the case If the prisoner touched drink he became a madman. He (Mr. Sh»w) would ask the Court to accept the man's own statement. Replying to his Honour, Tne Crown Prosecutor stated that in May of l*st year the prisoner was convicted at Wanganui on three charges of having obtained goods and money by false pretence?, and was sentenced to three months on each charge. The sentences were concurrent. Mr. Shaw explained that the prisoner waa an Auckland man. He had been in gaol here since the 18th August, and had conducted himself very well. Hii Honour said he did not think anything Mr. Saw had Baid would have the effect of indncing him to mitigate the sentence. If the prisoner had met distress prior to the Wanganni convictions, and since then had been pursuing an honest course, he (the Court) wonld be willing to pass a lighter sentence than he intended to do. Mr. Shaw said that the man s wife and family were in Auckland, and he had come here for the purpose of getting employment. He was what waa known as a remittance man. In knocking about hotels he was overcome by hit oldenemy. Hit Honour said the prisoner waa one of those tort of men who oould successfully commit forgery. He noticed that prisoner was described as a journalist. He seemed to be rather skilful. It was not want of sobriety that had caused him to commit the offence. Prisoner was really too sober. Mr. Shaw said that at the time the offence wm committed the prisoner was actually being treated by Dr. Henry for alcoholic disease. The Crown Prosecutor said that that statement was not borne ont by the evidence. His Honour said that although the offence was forgery, he thought the prisoner might have another chance. The sentence of the. Court was— that the prisoner should bo imprisoned for 18 calendar months, with hard labour, on each count, the sentences to run concurrently. The prisoner would be respited until after the Court of Appeal had decided the point raised by Mr. Shaw. RECEIVING STOLEN PBOPKETT. James Cook and Charlotte Cook, husband
and wife, were arraignod on an indictmont charging them with having, at Wellington, on tho 11th September last, recoived one <10/.on pairs socks belonging to Jas. Malcolm May, knowing them to have been stolen. Mr. C. B. Izard pro:r cutcd on behalf of tho Crown. Prisoners pleaded Not Guilty, mid wore defonded by Mr. Jellicoe. Tho ovidenco was tho same as that given ii tho Court below. Mr. Jollicoe submitted that there was no <-aso against tho fomale prisoner, but his Honour ruled against the learned gentleman. Counsel on eithor side having addressed tio jury, his Honour Bummed up, and the jury retired at fivo minutes to 2 p.m. The jury rotuiaed at 3 o'clock, and asked h's Honour whether a verdict of two-thirds would bo accepted. His Honour repliod in tin negativo, explaining that Buch a verdict ojuld only bo accepted after 12 hours. In E igland a Judge waß allowed to use his discretion, but in New Zealand It was doubtful w jother he could accept a verdict of twothirds until after the expiration of 12 hours. LARCENY. James Cook was arraigned on an indictm wit charging him with having stolon one <!i-uot and fivo glasses, tho property of Geo. Jonos, on the 4th September ; also, with having received the goods, knowing them to have been stolen. Mr. I/.nrd prosecuted, und Mr. Jollicoe defended. Mr. Jollicoo raised the question whothor tho prisonor could bo tried before the previnim caso was finally dealt with. His Honour consiuorod that tho prisoner's interest would not bo projudiccd. Aftor tho plea had be on recorded, his Honour said that if Mr. Jellicoe sti'l wished tiat tho second charges should not be procooded witb until tho first ono had bcoii dually dealt with, he would piunt it. Mr. Jollicoe ronewed his application, whioh wus aooord'ngly_ granted. [Left sitting.]
This Day., Evening Post, Volume XXXII, Issue 122, 7 October 1886
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