SUPREME COURT.

Evening Star, Issue 3394, 7 January 1874, Page 2

SUPREME COURT.

CRIMINAL, SESSIONS. Tuesday, January 7.(Before His Honor Mr Justice Chapman.) • ROBBERY .FROM THE PERSON, Peter Sherry was charged with having oh the 8 th of » ctober stolen from the person of -Martin Fox, boatman, Oamaru, four one* pound National Bank notes.-Mr Branson defended. \, The f a° ts shortly stated are On the day in question, the prosecutor received from a Mr Aitken, residing at Oamaru, four new ont '-pound notes, numbers 15270 15271 15272, .and 15273. the first issue of the Bank, which he placed in a pocket-book in his jacket. He met the prisoner afterwards at the Oamaru Hotel where they had drinks together, and played with dee; prisoner saying he had no money. Prosecutbr then shouted, changing one ot the notes,.placing the balance. ISs OdT in the. pocket-book* with;-the ether three notes ; after which ho went to sleep in the bar Prisoner afterwards tendered to the barman anew National Bmk note f..r some drinks, which he had “stuck up,” but aa the latter did not know how he became possessed of it, and, was rather surprised at bis not having had any money shortly before he placed it aside in the cash-box. This and the one giyen by Fox were afterwards !• baudedovpr to Sergeant Smith. On waking '

prosecutor called fpr drinks, but on looking at his l ockct-bpdk to get money, to pay for them, found it bad stolen’. When the, prisoner was arrested by Sergdant.Smvh he bad on his persoi .fos.' 15270 arid-15273, besides some si yer; and the two given by the barman tp the Sergeant were 15271 and 15272. , On the road to' the watch-house prisoner said, “You’ve got me this time, smith f ’ve got the sugar.” had at ,the time from 15274 t01’5281, part of a roll f twenty notes which he had obtained from the bank. The jury, without leaving the box returned a verdict of guilty ; and his Honor, in passing seu’ence, said the prisoner had been found guilty on evidence that was most convincing—viclence, in fact, that was too clear for human ingenuity to break down; I here were seven previous convictions against tlje prisoner, who would be imprisoned and kept to hard labor for eighteen months, Wednesday,- January 7. SENTENCES. ■ John Thomas Watson (17), who pleaded guilty of theft from the Newmarket Hotel, had nothing to urge against sentence being passed,upon him. v , , His Honor; Yotir counsel has made an application to me to pass a lenient sentence on you on account of your youth. I have done so in trifling cases, but ypnrs is one of too serious a nature. You are quite old to be endowed with sufficient reason and strength of mind to understand the nature of the offence you have committed. I shall, however,. pass a light sentence, in the. hope that you will reform, as, if you are brought here a second, time, the punishment will be much more’severe. The sentence of the Court is that you be imprisoned and kept to hard labor for nine calendar niontbs. ’ Catherine Macdonald (26), found guilty of the manslaughter of John ‘ Briggs, had nothing to say against being sentenced by the Court. .His Honor: Catherine Macdonald! the jury have taken a lenient view of your case negativing the grave charge of murder, and finding you guilty of manslaughter only. The evidence, however, shows this to have been an extremely aggravated case, showing a total disregard of human Suffering, andT of even’ life itself, "No doiibt, your being thrust oiit of the house was 'some provocation and the jury, as I think, Very properly (the whole a'ffiir having occurred within a few minutes) have seized upon that provocation in order to reduce the offence to manslaughter. It is a melancholy thing that'a young woman should have so many offences charged against her as appear to have been brought against you. 1 find you have been incarcerated in gaol no less than sixteen different times for drunkenness, disorderly conduct, obscene language, and various breaches of tin peace ; and on one occasion you were sentenced to twelve mouths’ imprisonment for larceny. If, in this case, you had been convicted .of murder, the sentence of the Court would, of course, have been a sentence <>f death. It-does not necessarily follow tbatithat sentence r would have been carried out, but the least commutation would ’have been to penal servitude for life, reduceable by good conduct in gaol to a; term of ten jears. The punishment'in cases of manslaughter is not, so severe,, and the sentence of the Court is that \ on be kept in.penal servitude for a period of five years. Henry Harvey;(l9), who pleaded guilty to a charge of ■ stealing a’watch at Oamaru, said be was suffering from the effects of drink at the time of committing the offence, and knew iothing of what he was doing. His Honor ; I suppose that, was your own act: no one forced the drink down- your throat? : . J Prisoner : No. His Honor ; 1 find that you committed an assault at the time of the robbery, and were convicted for it. The sentence of the Conn is that you be imprisoned and kept to hard labor for the space of twelve months. ATTEMPTING TO STAB A CONSTABi E. : ; Francis Charles South was charged with attempting to stab Henry Vernon, a peace officer, while in the execution of his duty, •ir Stout appeared for prisoner, and from the evidence it appeared that the latter, on .November 14, had been convicted of drunk ounces at the Resident Magistrate’s Court, and while being removed thence, had drawn a clasp knife and aimed a blq|v atthe.cnn stable. A, struggle .ensued and both fell on the ground, when prisoner struck another •flow and was then disarmed He afterwards macto use of threats to kill any or everyone and then appeared to goiqto a fit.; , 5 . ’ Dr Hulme stated that he had known prisoner for. some time, and;that ho was sub ject to epileptic fits A person in such a fit would perhaps throw his arms,about, grind his teeth, and behave in a savage manner. ' Mr 'tout, in addressing the jury, said that prisoner was unfortunately subject to epileptic fits, and a man who had evidently not taken care of himself,, as he had been conyieted of (frunkenneas. That was the defence prisoner had set up at the Resident Magistrate’s V ourt, and that was the line of„de fence he (Mr Stout) should take. In the face of the evidence adduced the jury were bound to find a verdict of acquittal on the charge of attempting to stab, ; ... m , Hi? Honor, in summing up, said that the question for the jury to decide was whether th-. prisoner really intended to stab the constable, or whether he was ;only laboring under a fit. If, the latter! there would;be an end to, the case; but if the former, the lightest touch on the person constituted an assault, and : the .verdict would be accordingly- ' a quarter of an hour’s deliberation, the jury returned .a verdict of Not Guilty and the prisoner was discharged. * EMBEZZLEMENT.. ~7 !,; John Delaney,; late clerk in the Post Office , and Savings’ Bank at Oamaru, was charged with embezzling the sum of L 25 received by him from Peter Jackson, as a deposit, on May 4, 1872. Mr Stout,appeared on behalf of the prisoner. , [The examination of witnesses was proceeding when we went to: press.]