SUPREME COURT-CRIMINAL SESSIONS.

Evening Star, Issue 7655, 4 July 1888, Page 2

SUPREME COURT-CRIMI-NAL SESSIONS.

Tuesday, July 3.

(Before His Honor Mr Justice Williams and

a Common Jury). UNLAWFULLY WOUNDING,

In the charge against James Hooper the jury retired to consider their verdict at 5 p.m.

Shortly after six o'clock the jury returned to Court, and the foreman asked whether all three counts of the indictment amounted to felony. His Honor: Yes, either is felony. The indictment is for wounding with intent, If the wounding was not justifiable, but you are not satisfied that the intent is proved, then you could find the prisoner guilty of unlawfully wounding, which is a misdemeanor.

At 6.50 the jury were summoned, but had not agreed. His Honor said if they agreed by nine o'clock he would sit then and receive their verdict. If not they must be locked up for the night. At 8.50 p.m. the jury returned to Court, and at 9.20 His Honor reappeared on the Bench.

In reply to the usual question, the fore- | man said they found the prisoner " Not j guilty of felony, but guilty of unlawfully wounding." His Honor deferred passing sentence until the morning. Wednesday, July 4. unlawfully wounding. James Hooper was brought up for sentence this morning. Prisoner gave his age as thirty-two. Mr Solomon said he would like to point out the number of intelligent witnesses who had given evidence as to character. Hooper had borne a most respectable character, and the old woman who was in Court yesterday was entirely dependent upon him for support. The crime which his client was found by the jury to be guilty of was evidently the result of a sudden quarrel. Mr Haggitt said there were no previous convictions against the prisoner. He arrived from London in 1875, and was a farmer on the * His Honor, in sentencing the prisoner, said the jury had taken a merciful view of prisoner's case in finding him guilty of misdemeanor and not of felony. He was not prepared to say that the jury were not justified in taking the view they had done in view of the evidence they had before them. The fact remained that a most brutal assault had been committed, and there was nothing at all which could be said justifying prisoner m what he had done. The evidence as to good character would be taken into consideration ; at the same time the assault was such that could not be lightly overlooked. The sentence of the Court would be twelve months' imprisonment with hard labor. BOBBEBY. Thomas Atedder was charged with having, on the 27th March last, at Wingatui, feloniously stolen one silver watch, valued L 3 ss, and the sum of L 8 2s 6d in money. Prisoner, who was defended by Mr Gallaway .pleaded not guilty. Mr Haggitt, in opening the case for the prosecution, said the prosecutor at the time of the robbery was a laborer at Wingatui, and lived in a tent close to the works there. On the day in question he left his tent about three minutes to eight o'clock to go to his work. Before going out be looked at his watch, and left it in the place where he usually left it—hanging on one of the uprights. He also left in his pocket underneath the pillow in his bunk the sum of L 8 2s 6d. On returning about 12.30 to his dinner he found that his watch and money had gone. He had no clue as to how they had disappeared, and reported his loss. On the same day Mr Barron, a butcher at Mosgiel, and who attends at Wingatui to serve customers, saw the prisoner in the vicinity of the prosecutor's tent. On the 23rd of April following the prisoner went to Mr Myers, the pawnbroker's shop in Princes street south, and tendered a watch which he wanted to pawn. He accounted for his possession of the watch by saying that ho had got it from some person, not naming him ; that that person had disappeared; that he had looked for him, and, not finding him, thought there was no harm in pawning it. The pawnbroker's assistant turned up his book, and found the watoh to be a stolen one. He gave the number to prisoner, and recommended prisoner to go to the police station. Evidence would be produced to show that prisoner's account of the possession of the natch was a false one; and that his subsequent statements to Constable Maddern and Chief-detective Henderson were also false.

Evidence for the prosecution was given by Arthur George Speak, prosecutor; Alexander Barron, butcher; Samuel Shiel, pawnbroker; John Black, boilermaker; Police-constable Maddern, and Chief-detec-tive Henderson.

Mr Gallaway, for the defence, said the Crown Prosecutor, in stating his case, had seemed, as it were, to put it beyond a doubt that the man who was in the box was the man who had stolen the watch. The evidence for the prosecution depended almost entirely upon Barron, but unfortunately for Barron, he (counsel) was in a position to prove that prisoner on that particular day was not within miles of Wingatui. It was by the merest chance that he was able to prove where his client was working on that day. The mate ot the Herald would prove that on the 27th March prisoner was working from early morning till late at night, and the labor-sheet would be produced showing when he went on and left off. Others besides the mate engaged on the ship on that day would be called to prove that prisoner was working alongside of' them. The Herald came into Sunedin this morning, and it was only half-an-hour before the Court opened that the mate was subpoenaed. If the story of the mate and the two men working with the prisoner was true he submitted the whole case fell to the ground. John Grubb, second officer of the Herald, deposed to arriving in Dunedin about two o'clock on the morning of the 27th Mareh, and left for Oamaru at midnight on the same day. Prisoner was put on at nine o'clock that morning. He had no doubt about the man, as he had often worked for him.—ln cross examination, witness said it was impossible for prisoner to have absented himself from his work without his being detected,

Evidence was also given for the defence by Peter Egbie and Henry Arthur Jackman, laborers.

Mr Gallaway and the Crown Prosecutor having aTdaressed the jury, His Honor summed up the evidence, and concluded by saying it was for the jury to decide whether the evidence set up by the defence was sufficient to rebut that for the prosecution. The jury retired at a quarter-past two to consider their verdict, and on the Court resuming at three o'clock were prepared with a verdict of "Guilty." Prisoner, who gave his age as thirtythree, in answer to the usual question, said that with the greatest of truth he might say, as he hoped for a hereafter, that he was innocent of the charge laid against him. He Maimed leniency on the ground of his having already been two months in gaol in connection with the offence of which he had been convicted, and on account of his being a married man with a family. Mr Haggitt stated that prisoner arrived from' Tasmania In 1875, and was a seamen and a lumper to trade. He was convicted on April 17,1886, for disorderly behaviour; on September 17,1886, for larceny; on May 20,1887) for aßsault; while on February 10, 1888, he was charged with stealing a case of whisky from the ship Jessie Readman, but the oaptain did not prosecute as his vessel was ready to go to sea. He was the associate of thieves, and was suspected of being conoerned id a number of cases in which the evidence was insufficient to secure a oonviotion; •'•" '• Prisoner was sentenced to two years' imprisonment, with hard labor. •-••••' FALSE PBETENOES. Latorence Bosehbera was charged with having; on the 31st March last, unlawfully and falsely represented to William Sutherland that a certain cheque for L 3 2s on the Bank of Australasia was a good and genuine order for the payment of money, by which means be obtained the payment of L2los,'

Prisoner, who pleaded not guilty, was defended by Mr D. D. Macdonald. The evidence in this case was almost a repetition of that given yesterday in the charge of forging and uttering brought against Rosenberg, of which he was acquitted. Evidence for the prosecution was given by William Sutherland, tailor, who deposed to prisoner coming to his shop in George street and asking him to cash a cheque for L 3 2s, at the same time ordering a suit of clothes. A deposit of 10s was taken out of the cheque, prisoner receiving L2 10s change. On presenting the cheque at the bank it was returned dishonored. Prisoner represented the drawer of the cheque as a man of means, but if the witness had any doubt he would endorse it, which was done, prisoner endorsing it as " L. H. De Lissa." Robert Lachlan Maclean, manager of the North Dunedin branch of the Bank of Australasia, and George Cashmore Israel, manager of the Bank of New Zealand, gave evidence in the direction of that given yesterday. [Left sitting.] CHRISTCHURCH. Peter Brown and Richard Morris Griffiths, stealing wheat from the Harbor Board's shed at Lyttelton, were acquitted. WELLINGTON. JohnPomeroy alias William Collins waa convicted on two charges of forgery and sentence deferred. On two other charges a nolle prosequi was entered. The boy M'Minn, who was found guilty of stealing a ring, was sentenced to six days' imprisonment and a whipping; George Ewart (larceny) was sentenced to three years', six previous convictions having been recorded against him for petty larceny; John Pomeroy alias Collins (forgery), four years'; James Madden (fraudulent bankruptcy) was discharged, as the prosecuting counsel (Mr Jellicoe) intimated that he did not intend to call any evidence, as the creditors did not now believe that Madden had any felonious intent.