SUPREME COURT.

Evening Post, Volume LXXII, Issue 133, 3 December 1906, Page 7

SUPREME COURT.

o ,THE CRIMINAL SESSIONS. "" The Chief Justice continued tho sittings of the Supreme Court in criminal jurisdiction on Saturday afternoon and evening. - CHARGE AGAINST A CONSTABLE. The charge against a police constable, Jeremiah O'Brien, of having on October 30th robbed one Bernard Patrick Cogh'lan of £1, and having also assaulted him, was further investigated. Mr. Myers appeared for the Crown, and Mr. Hordman for tho accused. In opening the case for the defence, Mr. 'Herdman said it would be extremely simple. O'Brien would go in the box, and on oath would account for the whole of his movements from tha time he left the Mount Cook station until he returned, and his evidence to a very large extent would be corroborated. Fortunately the defence would be able to, produce one Sheedy, a night watchman, who passed accused in Cuba-street just after 11.30, and spoke to him. Five minutes later they met again at the Gear Company's shop's corner, and again before 12 they met again. There was another man who was talking to O'Brieii part of the time, and he also would bo called. The evidence s \voold prove that accused could not have taken, part in the affair alleged by Coghlan. When Constable O'Connor returned to his beat after taking a body to tho morgue, the accused at once returned to Mount Cook station. Mr. Herdman emphasised the failure of Coghlan to identify the accused from amongst six/ constables on the first occasion, Evidence in support of counsel's opening statement was then called. It was 5.30 p.m. when tho jury retired. 4t 9.30 they returned to court and tho foreman intimated that they had found it impossible to agree, as there were eight jurors for acquittal and four against. His Honour said ho could not hear anything about that, but he asked if ho could assist in any way. The foreman : Well, tlie whplo question to us is that wo feel that tho second constable that Coghlan speaks of should be produced ; if he could bo found. \ve could come to an agreement. His Honour : Oh, well, wo cannot help Una, and 1 cannot speak about that; of course, it is impossible to call all tlio constables in tho district. The members of the jury were then discharged. On tho application of Mr. Myers, a new trial was fixed for this morning, bail being fixed: a personal bond of £50, and ono surety of £25. TO-DAY'S PROCEEDINGS. Tho criminal sessions of the Supremn Court wero resumed this morning bofore his Honour the Chief Justice, whea' a new panel of jurors was sworn in 4 SENTENCE DEFERRED. The woman .-Mary May Emmens, convicted of concealment of birth, was set forward for sentonce this morning. 'His Honour^ said that he had- had a report concerning

officer, but it was desirable that- fnrther invßstigations r Abe. made. Passing of sentence would be deferred until to-mor-row. CHARGE AGAINST A POLICE CONSTABLE. The police constable Jeremiah O'Brien, charged with theft of £1 j from tho person of Bernard Patrick Coghian, accompanied by violence, was again put in the dock. On Saturday last a jury which tried the case was unable to arrive at a verdict. Mr. Neil M'Lean was chosen foreman of the jury. In giving evidence to-day, the Crown witness, Fairway, testified that Coghian told him he bad been assaulted by an Irishman with a heavy moustache, and that accused had shaved his moustache off when Coghian went to the station to identify tho man who robbed him. Witness had not testified to this latter statement in the Magistrate's Court, nor had he made it, when giving evidence at Saturday's trial. His explanation was that he had been thinking about the case lately and »had refreshed his memcu-y. Had no notes to go upon. Witness had seen accused on the beat many times. Believed that accused was always cleanshaven, as he now was. Detective M'Grath gave evidence as to investigations he made into Coghlan's charges. Had discovered that at least one other constable could have been at the station when Coghian was interfered with. His name was Turner, and he had not- satisfied witness that he was not the other man present. He. however, j denied having been there. (Left sitting.) [BY TELEGRAPH. — PBESS ASSOCIATION.] INVERCARGILL This Day. At the Supreme Court to-day Mr. Justice Denniston congratulated the district on the absence of serious' crime. There are only three, prisoners to come before him. . Jessie Keith Rose Colyer, eighty years of age, and Percy Charles Douglas, a lad, were charged with altering the certificates of the age and standard of education to procure Douglas an appointment in the Railway Department. The accused pleaded guilty, and his Honour ordered the woman to come up for sentence when called upon, and admitted the male accused to probation for six months. His Honom said ht always treated such offences as serious, but the circumstances of this case warranted leniency. William Henry Lillicoat, foi breaking and entering at Riveradale, was sentenced to six months' imprisonment. This closed the criminal sessions.