SUPREME COURT.

Evening Star, Issue 7180, 6 April 1887, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. Tuesday, April 5. (Before His Honor Mr Justice Williams.) PERJCRY. Michael O'Donoghut was charged with having oommitted wilful and oorrupt perjury in the evidence given by him in the case of O'Donoghue v. Listen, which was heard in the Resident Magistrate's Court, Dunedin, on the 7th of February. The following witnesses were also called by the Crown:—Frederick G. Whetham, reporter, of the Evening Star, John Moynahan, laborer; Bernard M'Lauohlan, ex-deteotive; William Somerville, olerk to the Resident Magistrate's Court; Cornelius Lenahan, billiard • marker at the Douglas Hotel; James Listen, licensee of the Douglas Hotel; Charles East, barman at the Red Lion Hotel; David Walsh, blacksmith (carrying on business at Gore); Thomas Bruce Crabbe, master mariner; James Morrison Crabbe, son of last witness; William Smith, clerk in the Post Office; and John Bryce Thomson, builder. Mr Haggitt, in closing the case for the Crown, said he anticipated that counsel on the other side would attempt to laugh the case out of Court on the ground that the prisoner was a man of weak intellect, and not responsible for his actions. He would, therefore, desire to point out that the prisoner was able to influence a detective and two legal firms in his favor. Messrs Macgregor and North had been influenced to write to Mr Listen as follows: "As you are aware, it would seriously injure your business, and probably imperil your license, were the circumstances brought to light in open Court." Mr Denniston contended that, though the statements made by the prisoner had been absolutely incorrect, yet he had been consistent in them, and the evidence showed that he had sot an idea—admittedly a wrong one—fixed in his mind, and that his condition was such that ho might have been suffering from almost any hallucination. If the jury considered that the prisoner genuinely believed the story he had told, though it was ever so improbable_ and untrue, he would be entitled to an acquittal; and he submitted that no reasonable man could come to the conclusion that the prisoner gave his evidonce knowing it to be false. His Honor, in summing up, said that the simple question for the jury was whether, under the circumstances, they thought that the prisoner in his evidence told a deliberate lie, or that he had simply deluded himself into believing the testimony he had given. The jury, after retiring for about half an hour, returned a verdict of " Not guilty," and the accused was discharged. Mr Haggitt said that Mr Crabbe wished to know what was to be done with the money that had been found at the Caledonian Grounds and was now in the custody of the Registrar. Mr Denniston said that they claimed it on behalf of the accused.

His Honor: There is no question it belongs to him—at least, as lam not here to decide that I should say I think it most probable it belongs to him. I suppose this is your idea, Mr Haggitt'? Mr Haggitt: I have no idea about it now, your Honor, after the verdict; but I had a strong idea flvo minutes ago that it was the prisoner's. His' Honor thought that if there was a dispute about the money it would be better for the Registrar to keep it in his possession, and if sued for it to interplead. The Court rose shortly after 6 p.m., and the oriminal sessions were closed. CHRISTCHURCB. William Miller and Duncan M'lntosh (indecent assault) were acquitted. ' The trials of Dr Russell and Mrs Bowern were fixed for the 13th inst. WELLINGTON. William Crossby (larceny) was sentenced to v five years'; Thomas Lawson (larceny), three years."; Reuben Hjnd, described as a remittance man, twelve months' for larceny, the Judge remarking that his was a case of great ingratitude ; Henry White, alleged arson at Masterton, was acquitted. Sentence in Crabtree's case has been postponed. The Judge remarked that he was inclined to make the sentence heavier if the stolen property still missing is not recovered,