CRIMINAL JURISDICTION.

Evening Post, Volume LXXVIII, Issue 57, 4 September 1909, Page 5

CRIMINAL JURISDICTION.

SEQUEL TO A FIGHT IN THE FOCSLE. Alfred Binder, who was found guilty, of common assault in connection with a iracas which took place on the steamer. Putiki (as reported yesterday), was ; sentenced, to three months' imprisonment with hard labour. THE SCOW RONA. In the case of Sebastian Newson i (found guilty of sending the scow Rona ,to sea in an unsea worthy condition and fined '£3o), Mr. Herdman made applica-i I tion that Newson should be allowed ! another week in which to pay the fine. One week had previously been allowed. His Honour Mr. Justice Chapman grant. Ed the application, Newson to giv» sureties. REMAND GRANTED. John Tancred, charged with breaking and entering, was remanded to appear at the next criminal sittings. Two juries had disagreed in his case. His Honour I stated that he did not want to unduly [ interfere with the civil business of the> court. Bail was allowed as before. RECEIVING STOLEN PROPERTY. Harry M'Gill, found guilty of receive ing property stolen from the Dominion Clothing Company, Lambton-quay, waa brought forward ior sentence before Hia nonour Mr. Justice Chapman. On behalf of prisoner Mjj. Wilford called witnesses to give evidence as to accused's character. It was shown that prisoner had previously been convicted of falso pretences, vagrancy, disorderly conduct, and obstructing the police. His Honour said accused's "character was by no means a good one. He would be sen* tenced to 18 months' imprisonment with, hard labour. . ALLEGED CATTLE, STEALING. Richard Henry Pratt was charged o« three counts, with the theft of cattlai belonging to Richard Hail, Ngahauranga,. There was a subsidiary count alleging that accused had fraudulently, converted three cows belonging to Richard Hall to his own use. Mr., Myers prosecuted, and Mr. Wilford de^ fended. Richard Hall, cellarman, employed at Staples Brewery, said he owned a farm known as " jAosehitl," Ngahauranga. Witness let the farm to accused. There were twelve cows on the property at the time. On 19th April, 1909, accused Jeft the property without any notice j whatever. Witness gave accused n» ' authority to sell any ol the cows. Wit- | ness went to the farm a few days later! and found that three cows were mitring. I Accused had never told witness that any of the cows were missing, but on being questioned about May 2, Pratt said that I they were dead. Witness replied that he found the cows very much alive, and mentioned to counsel where they were found. He told accused that the cowa must be returned, or £15 paid. Cross-examined. — It might be a fact that witness sought to recover a civil 1 debt of £15 by criminal process. He i admitted that he had instructed SkerI rett and Wylie to collect from Prafct ijt> per cow. In answer to further questions by Mr. j Wilford, witness admitted that the police refused to bring the charge against Pratt. They told him to sign the information himself. It was a fact that for some weeks he was trying to get money from Pratt before the arrest took place. He admitted that one cow had its neck broken by falling over a cliff, and that Pratt replaced it with another cow. He also knew that accused had sold one of the cows to the Meat Export Company, but he was not aware that it had been replaced by a cow which cost £2 14s. Mr. .Wilford : You admit that if th« accused paid you £15, that would be aa end of the case ? — Witness : Yes. After hearing other witnesses for tho prosecution, Mr. Wilford asked if hit Honour considered that the defence should be entered upon, in view of Eha evidence given by Hall. His Honour said he did not think ho could stop the prosecution. Unless there ' was evidence of positive dishonesty h» would tell the jury that it could not convict. Accused was called by his counsel to give evidence. He stated that Hall had given him authority to "weed out" the poor cows. Witness gave a long statement as to the subsequent transactions. : When he got the letter from Skerretfc and Wylie in regard to the three cows he offered to pay £3 each (the price at which ''Hall originally offered them to him). The offer was not accepted, and witness understood the matter was ,to , come before the Civil Court. His Honour, in addressing the jury, said they had to be quite satisfied that Pratt deliberately committed a dishonest act. i After a retirement of one minute, tha jury returned a verdict of not guilty, and the accused was discharp ad. The court adjourned until 11 a.m. on Monday.