SUPREME COURT.

Evening Post, Volume LXXIII, Issue 30, 5 February 1907, Page 7

SUPREME COURT.

THE CRIMINAL SESSIONS. The criminal sessions of ffie Supreme Court' were continued before Mr. Justicu Cooper after the Evening Post wont to press yesterday afternoon. AN HABITUAL CRIMINAL. Rhoderick M'Kenzic was indicted on a chargo of having, at Wellington, on 6th Uanuary, 1907, broken and entered tho dwellinghouse of William Hopkirk, and 6tolen therefrom sundry articles oi: household use. He pleaded not guilty.. Mr. Myers appeared as Crown Pi'O-> necutor. , Accused was undefended. Mr.. R. A. Wright was foroman of the jury. The robbery took place from a house m Majoribanks-street, near the Town Belt, during the absence of Mr. Hopkirk and his wife.* The stolen property wan traced to the possession of accused, who sold the articles at prices much less thaw their value', giving a false name whou so doing. Tho jury returned a verdict of guilty. Accused, who has a long list of pre-> vious convictions, was sentenced to three years' imprisonment and declared to be a habitual criminal under the Habitual Criminals Act passed last session of Par* liament. - ■BREAKING AND ENTERING. Joseph Robinson pleaded not guilt}] to a charge of having broken and entef« ed the premises of James O'Sullivan, at Wellington, on 26th December, and stolen a watch, rings, and other articles therefrom. Mr. E. E. Messenger \va» choson foreman of the jury. In opening the ,case for the Crown, Mr. Myers detailed that Mr. O'Sullivan's house wan broken into and that ono of the articles missed (the watch) was pawned by accused some days afterwards, and that he gave.no sufficient explanation of how ho came by it. After evidence had been heard, the jury returned a verdict of gtiilty> - Sentence was deferred. FALSE PRETENCES. George Frederick Sutherland, charged with having forged and uttered a document purporting to be signed by "George and' Kersley," and purporting to be an. order for advertising on certain book covers which accused proposed to place in the Wellington Working Men's Club, pleaded not guilty. He also pleaded not guilty to a charge of having obtained £2 by false pretences from Francis Joseph Morgan. Mr. Myers appeared as Crown Por- . socutor. Mr. R.^A. Wrig&fc was chosen foreman of the jury. It was stated foi' the Crown that accused forged an advertising order and used it as a means to induce Morgan to enter into the book-cover scheme and pay £2 for that purpose. Accused's defence was that he drew up the order as signed by George and Kersley merely by way of illustration. The jury;' after half an hour's retirement, returned with a verdict of guilty of false pretences. A strong recommendation to mercy was added to the finding. Sentence was deferred until Wednesday. TO-DAY'S PROCEEDINGS. This morning the criminal sessions of the Supreme Court of Wellington District wero continued before Mi-. Justice Cooper. THEFT. Noon Assad, a Syrian, who, on the advice of hIBh 1B solicitor (Mr. Toogood), had pleaded guilty to a charge of theft of a cheque, came up for sentence. His Honour intimated that the Probation Officer had recommended the grantine of probation in this case. There was a conviction against accused for disobeying an order of tho Stipendiary Magistrate's Court regarding maintenance, but there was no record of any case that would constitute a bar to his being regarded as an offender under tho Act.' Ho had been seven years in New Zealand, and had led, with the exception of giving way to drink, apparently an honest life. His present employers were prepared to keep him on, and though his Honour could not «ccopt counsel's that accused did not really commit the theft of the cheque, his Honour believed that it was taken in a moment of sudden temptation, ahd that ho repented next day and returned the cheque to prosecutor (Sarah Tock). In these eiroimstances, and having regard to the good character given prisoner by his employers, his Honour would admit him to probation; he preferred to err on th© J side of giving prisoner a chance rather than on the other side. He would bo^ admitted to probation for twelve months, and ordered to pay £12 153^ costs of prosecution, within SIX months. FOR SOCIETY'S PROTECTION. Tom Bayon, alias Joseph Robinson, convicted ,of breaking and > entering thepremisea of. James CSullivn'n and stealing therefrom sundry articles, was also set forward, for sentence. Ho asked for probation, saying that he had not preliously. been before the court. In answer to tho bench, Mr. Myerß, Crown Prosocutor, s»idthat it was the caeo that prisoner had not previously been convicted. His Honour .said this wa6 a case in which it would be impossible for him to grant probation.. The offence was one from which the- public required to bo protected. Prisoner broke into this house, ransacked the place, and stole property. Men jvho had developed an instinct for crime of , this description — even though the offence *waa their first — must in tne interests of the public be punished. It "was a monstrous thing that in a city like this people could not leave their houses, even for a day, without fear of men entering and plundering their property. Sentence,. of two years' imprisonment iras 'fchei*- passed, and an order made 'for re£yratcii. Jo, the jjroaecnliit on jjaj;- -,

»ent of money advanced! ou it by a pawnbroker who gave subsequent information tbat led to the arrest of prisoner, TRUE BILLS. In. addition to tho instances mentioned In the Post yesterday, the Grand Jury have returned True Bills in tho following cases :— Joseph Ellis, James Gerard, and Georgo Williams, assault and robbery ; Alfred William Condon, indecent assault ; Sydney George Ingram, aiding and abetting a crime ; T. Bayon, alias Joseph Robinson, theft ; Rupert Kellow, unnatural offence ; Arthur Law, keeping a room for betting purposes ; William Scott and Harry Martindale, keeping a, room for betting purposes ; Vow Lee, carnal knowledge ; Ah Chow, carnal knowledge ; Ernest Stephen Dyton, indecent assault. No Bill \vas returned against tho Masierton Maori, Meihana-Ropoama, charged with nOTder. No Bill was also returned against Arthur Herbert Ridd, charged with an indecent assault on a girl whoso evidenc* denied than an assault had been committed, though it was in consequence of a complaint made by her that the charge was laid. Only three cases remained to be dealt with at 12 noon, namely, Francis Brosnahan, three charges of attempting to extort ; William Stephen O'Brien and Palmer Otto Spry, manalaugirter. A*- SERIOUS CHARGE. John Burke was indicted on a crimiOal charge against a little girl. Mr. Myers acted as Crown Prosecutor. 'Accused conducted his own defence. Mr. R. A. Wright was chosen foreman of the jury. His Honour ordered that the court be cleared during hearing of the case, an exception being made in case of accredited newspaper reporters. The jury, after a short retirement, returned a verdict of guilty. His Honour postponed sentence for an hour. On the court resuming at 2 o'clock his Honour said he had postponed passing sentence that he might consider if ' there were any possible circumstances in tho case to justify him in mitigating the sentence which the law allowed him to pass. There were none. Prisoner had been found guilty upon the clearest possible evidence of cruelly assaulting a little girl under eight years of age, whose very infancy and imbecility sbould have been her protection. It was only because of her cries bringing to her the protection of her father and another person that, an even more serious crime was not perpetrated. The sentence his Honour would pass would be a merited one, and it was the utmost that the law allowed him to inflict. It would- be awarning to prisoner and others of a likeDature tliat they could not interfere with impunity with children. Burke would be sentenced to seven years' • imprisonment on each charge, terms to be concurrent, and in addition he would.be, flogged twice with twenty-five strokes. ALLEGED ROBBERY WITH VIOLENCE. Joseph Ellis, James Gerard, and George Willicms were jointly charged with having, on 22nd November last, at Wellington, robbed James Patterson, a ■- fireman, of £5 JOs in money, using personal "violence towards him.' ' '' " Air. Myers appeared as Crovra Prose enter and Mr. Weston (instructed' Toy Mr. Cook) was counsel for each accused. Mr. 'James Wilson was chosen foreman of the jury. According to evidence giten by prosecutor, be and accused Williams had some drink together at the Pier Hotel. At closing time prosecutor went on board the steamer Turakinn in company with one Jones. After he got on board he ■was hit by somebody and then there was only one stroke more. That was -when he hit the deck. He came to some time afterwards, with, bis pockets turned inside out and his money and his watch gone. Did not know who struck him. Mr. Weston cross-examined the witness with a view to showing that his money was gone before be went on ( board the Turakina. Evidence given by Charles Jones, a fireman, was to the effect that the three accused were in company when Patterson and witness went aboard the Turakina. About thirty or forty yards from the gangway one of the men hit Patterson, and soon afterwards two men went through the v pockets of Patterson, and one said, "Come on boys; I've got the lot." The three then went into the forecastle. Witness believed accused did not know "he was there. " ~ {Left sitting.) t3X TELXG&APH. — I-BES.S ASSOCIATION.] AUCKLAND. 4th February. At the Supreme Court, Toho Hohaia, for forgery, was sentenced to six months' imprisonment ; Mabel Cooper, hoasebreaking, to three months; George Riwai, forgery, three months ; Karl Hellstrom, theft of jewellery, six months; John Hammond, forgery, four years; William Thompson, theft of a portmanteau, ibio7> years.