SUPREME COURT.

Evening Post, Volume L, Issue 132, 2 December 1895, Page 3

SUPREME COURT.

CRIMINAL SITTING.-. This Dw (Before His Honour the Chief Justice ) Tho quarterly Criminal Sittings of the Supreme Court opened at 10 o'clock this morning THS GRAND ,11'RY. The following were sworn in aa the Grand Jury: — Messrs. G. Fiaher (Foreman), G. P. Pearce, W.Crawford, P. Bleadowcroit, E. J. Hill, J. ODea, P. Allen, C. A. Deacon, A. Al'Lpod, G. Lest, C Nettleton, J. Welsby, A. Castendvk, T. B. Dwan, J. Duncan, W W. M'Laughlin, "W". D. Lyon, W. Chyton, F. S. Allen, R. Archibald, C. E. Zohrab, A. J. M'Tavish, and G. B. Clark. THR JaDGE'B CHARGE. His Honour, in oharcing the Grand Jury, said the list of oases was considerably larger than usual. This was partly attributable to the adjournment of the sittings from the date originally fixed. All the caacs were of tho simplest kind, except as regards charges against two persons of procuring a miscarriage. Evidence would Lo put forward of other acts of a similar character committed by tho Biimo accused, and the jury were to accept this evidence apart from any argument which might take place subsequently as to its admissibility. It was to be regretted that recent changes in the law of evidence had made the proof of charges of this kind more than usually difficult. Not long ago a True Bill was found against a woman for procuring abortion. In that case the person on whom the operation was performed did not die, but made certain statements to her medical attendant which enabled him to become aware of the prinoipal facts to be adduced at the trial. When the case came before the Court the woman declined to have that evidence given, and the result was that, although it seemed certain to everyone that the act had been performed, the evidence could not be given, bo tho accused had to be dißoharged. In many other cases there had been a similar failure of justice in consequence of this alteration in the law of evidence. In cases of criminal assault upon obildren, where it beoame necessary for a medical man to examine the accused peraon, tbe ovidenoe of the doctor could not be admitted without the consent of the accused. It was his duty to call attention to this matter, and he had done so in the Courts over whioh he had previously presided— Blenheim, Nelson, and Napier — pointing ont that some alteration in the law was urgently needed, and he hoped some notioe would bo taken of tbe matter. Subsequently his Honour recalled the Foreman of the Grand Jury, and explained that he found that the law had been altered last session in the desired direotion. Evidence by m edical men regarding their patients could bo given in criminal cases, though not in civil prooedure. WITHDRAWN PROM TRIAL. Mr. Haselden drew attention to the oase of Regina v. Davy, a private prosecution for a breaoh of the Patent Designs and Trade Marks Aot, standing over from the last sittings. Iv the interval the prosecutor and the defendant had come to an arrangement by which difficulties had been adjusted. There was a civil aotion --Wertheim v. Davy — somewhat related to the same proceedings, and in that case the defendant now consented to judgment being entered up against him. Fart of the agreement entered into was that the prosecution would offer no evidence in the oriminal proceedings, mid the defendant would not ask for ousts against tbo proseontor. His Honour agreed to deal with the case later in the day. TRUB BILLS. The Grand Jury returned True Bills in the following oases :— John Idle, breaking and entering ; Otene Earaitiana, false pretences (two charges) 1 ; George Curson, forgery and uttering; A. L. Webster, larceny (three oharges) ; Henry Coombe, thsft ; Thomas Nordisch, alias Briggs, horse stealing, &c. NO BILLS The following indictments were thrown out by the Grand Jury : —William Kaisenberg, assault with intent ; William Delabunty, attempted suicide ; Albert Jeffery, causing actual bodily harm ; William M'Dermott, sheep-stealing. PROBATION ASKBD FOR. George Curzon pleaded Guilty to a charge of having forged, on the 30th October, a oheque for .£25 in the name of Grace, Clarke and Co , Wellington, and uttered it to W. P. Shortt. Mr. Wilford asked that the Probation Officer should report on the oase. The accused's previous character bad been good, aud the forgery was a olumßy and idiotic affair. Cnrzon received no valne for the oheque, the forgery being detected as soon as it was presented. Sergt. M'Ardle, in charge of the Masterton Police Station, said he had known both the accused and his father for about four years. The aooused, who was about 17 years of age, had been both steady and industrious during his acquaintance with him. The case was referrtd to the Probation Officer, to report on Wednesday. BBFAKINO AND ENTERING. John Idle wan indicted for breaking and entering the warehouse of Benjamin aud Co , Brandon-street, on the 3rd Ootober, and stealing eight boxes of tobacco, or receiving the artiolea knowing them to have been stolon. He pleaded Not Guilty. Mr. Gray proaeonted on behalf of the Crown, and Mr. Wilford defended. Mr. T. Simmonds was foreman of the juty. Shortly after the disoovery of the robbery from Benjamin & Co 's premises, Constable M'Cartby, while in Cnba-Btreet, saw a man carrying a sack, which contained something bulky and heavy, go down a right-of-way near the Masonic Hotel After the man had returned without tho sack, Al'Carthy and Constable Cairna searched the right.of-way, and found a box of tobacco hidden amongst some timber. They waited about for some hours, and finally arrested Idle as he was removing the tobaoco. The other boxes have not been traoed. The jury found acouaed Guilty of receiving stolen property. Sentence was deferred till to-morrow. | Left sitting I