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SUPREME COURT

CRIMINAL SITTINGS. The quarterly criminal sittings of the Supreme Court commenced at 3,0.30 this morning before His Honor Mr Justice Sim. OKAtS'D aunr. Tho following constituted the Grand Jury:—J. W. jifenton (foreman), A. H. Chadwick. H. Lslip, George Callender, R. W. Rutherford, James Armstrong, William Belcher. Walter Tair.c, W. A. Wilkinson, John Challis, C. W. White, H. A. Robinson. F. O. Shaddock, H. L. James, E, Bowler, C. I>. Kerr, G. It. Kerens, G. K. Cou&ton, A. S. MTvay, John M'Greg’or, and E F. Duthio. HIS honor's CHAU or. His Honor, in addressing the, Grand July, Kud that there wera only five cases W occupy their attention on this occasion. With tho exception of one case, he did not think they would have any difficulty with any of them. There were two oases of oil’enocci ngabist. the person. There was one case in which a man was- charged with committing a violent, assault on an aged Chinaman, and a case in which a man was charged with eemntiUing an indecent assault on a girl six years old. The other cnees were cifcnces against property. 1 here was a case in which a man was oha rgod wit It collecting money on behalf of a Dunedin firm and misappropriating it. Tucjc v. as a. caao in which a men was charged with forcing an order for a, bottle ot whisky, and forgery might lie committed in connection with such a document just the same as in the cax> of a cheque on a bank or a promissory note. It. appeared from the dejjo.dtions that the man's who was ill. and was being a-ttotided first by one medical student and then by another. Ho got the first, medical student to give an older for a. bottle of whisky. This was on a ■Sunday, and it was imiccasary to get an older of some. sent, bofoio tho publican would supply the liquor. Another order purporting to ho signed Lv lie; second student was given to a pt»li<vruai', who obtained a bottle oi whisky for the man from a hotelkeeper. The evidence was that the ist-cond order was a. forgery. In the other cats aha the evidence was such as would justify thr-m in finding a. true hill against the accuooJ. Tho last case was a curious one, in which a woman was charged with forging a cheque on tho Nation::] Bank at Mo.-.givl. There, was i.u direct evidonev. to show that she had any tiling to do with either tho {orrery or tho uttering of the cheque. The case against her appeared to be this: A cheque w:: t , presented. to n- shopkeeper at South Dunedin. A man went to the woman n s.iop. bought tome goods, and tend trod in payment a cheque for £-6 iC-. purporting to Lo signed by Alexander ‘.Murray, farmer, at, Mosgicl. ’ Tim woman tuck the cheque tun! cave tho man tho change. Murray said that the cheque, was a forgery—it was not signed hv him at

all. and tbo cao-a agninsi the accused in ■order to connect her with the .alleged forge:y was turn; According to Murray he spent one evening in the company of the woman some time before. Ho kept an account in the National Bank at Mosgicl. and had with him n chcquo book. The woman overhauled his papers, and discovered, it was suggested, that ho kept an count in 11k- National Bank at MossrieJ. Shortly alloc this the woman appeared at Murray's farm in comrany with a man, and there nvwlo a. disturbance She claimed that the man was her husband, and talked about divorce proceed! n"s. Ultimaidy Murray gave the man an TOD for £2. so they had the fact Hurt the woman knew (hp man had an swnt at the National Bank, that the man who accompanied her got an IOU. ..„d that she pot a specimen of Murray's handwriting. The next stop was : Tim woman -went to a shop in Mosgid kept bv a Mr, Swallow, and got from her two blank cheques on the National Bank Vly-crg.! Mm SV-.|;,;U-uVnlifv iV j xvfflirni x. ba 1 i;.. clt-niK.-. bur ni'M'-d in hex evldrn. e in th? lower court sai<! she was the woman who went to Mr-. Swallow's and got th- ehcoues. v rv,v. one or the rhermea rtb'ained firm Mrs Su-rdi.r. v ined for the purpose of the foigorv. That, was the rviilemv ngnin-t aecuynd. Tli2iv> was; nothing to shore th.ti sbe bad actuallv anything to do with the uttering of the cheque, but He Grimes Act 'aid that r-vm in wiu> n forty to and gmltv of an ofTer.ce v.ho actuallv committed an otl'rm-e or committed an offence ■ aiding ;,uv prison in committing an oiV'-i 110. ll the jurv were satisfied that accused. xvnen nlie obtained Hie eheques from ’dis Swallow, kr.f-w- that ibex- w/>re obtained for the purpose of bring used ip connection xxith the forgery then sh?- tier'd f hncame a party to the offence, and imv uon'd i!i«r : fv'd in finding ;; ‘rue bid against Ik;-’ for forcerv. But bc■'ue they fm-nd a {; 1? bill on that ground try muct If sal '-lie. 1 that Hc> avidemr v-’ll to smuv 1 1 -a ( she uiipf hax'f; known worn she go; (hr Hicqu.-s rhai H;ex - xverc to b' used (he jmrpose of fur'-vi;.. rntm r.iTfs. The grand jury found true h ; Hs in all cases-. itwnrr'T.rMKNT. riande Osmond Barker .alias damieson w.'e-- iharg.-I with that, on A fay 19, at (’''.p...-irn, he <1 id receive Hie sum of £ls 0; 7d fr'-m Edwin G. Thome on terms rujuiring him to par the same to Brav L-fr-., and did fr-md-jl.-nt!c convert th" to his own use. Mr H. D. Bedford an*, -ared for accused, who pleaded not g-.dlty. Mr B. Solomon. K.C , who apj.eared for the Cnr-vTi. solid ih.at the fireumsfav'cos in re vr rv r iniplc. Towards the end of last or ,a;B- in this xcar acnit-t-rl nv:da application be Brav Biv,-. for an anrmin!-rm-nt, but nothing eventiuited. ’J'!:--.n a lifrle br.--r m in the, year, he bfing in rr.marn. lie. oommunica'ed with Bray Bios., ■oc! a; a ronlt of eorres{ioiideTu,v he received anihoriry from them to sell goods no the if br-hr.lf in Oainaru. and he did t;, t rineipaliv to n man named Thome. in the oidinary eircumstancos Thorn- 1 world v-nd money to Bray Tiros, in Dr.:r'--l;n. Taicr. however, accused wrote to Brer ID:;-., and said that Thorne would prefer to pax- Trm. There was nothing ixiraordinarv in that, and accused wrote to his eiurViycr:,; and asked them to A. id- tils rnopev to Ids- account. They agreed to do ro. hilt nftcrwjirds r<-c«wjdcr' s il k 1 1,t? (••>!-

tii-ii, n.-l on Mav 14 they winie the icnred iha! tlir' - were not. ivitisfii-d that the payrn-sn;? rhmdd ha cl-rhil 1 to ho. account., in-t tint he rln-rdd r< rv:it tT- mc-nev in livordinary uay to them. On May 15 amme-i -.vvete ;’,i’nK-'.'.'rdtriiV.r r---'-ipt. -if Hie letti-r. and i-latii’y that ho Lad nott-1 the c-;u----toi to. On the toth of the month ha received from Thorne the particular nniil;« v;i= thar-vl with erahin..-. Ho rave a receipt f !)i- it. and * iened on bc-Indf of ins •mi plovers. Ho had nrver mmejutod far t list! money in any wav. /He left Gain ay a vMtlir.ui iiotkyiru' 13ray Brea., and when arrested in Jhsm-din h<- said that- be knew nothing what-rvor about I!ray Bios, and had never been in Oaina.ni. Evidence was id von hy Harry IT. Pattk. F/iwin G. Thorne. George J. IViikinf'-a. and Detective Hall. Mr Bedford, for the d--fer.ee. an:cl that Hie Oiown rund. satisfy tile pry ’ln/ meed was the man who committed I’m elk-nee. Accra-xl when arrested said h~ was not employed Tv Bruy l»ro. C;.:isc-f|ii;-iu!r k was for the (Town to prove Line. Ms- man had b&en actually employed be Bray B-oh. The evidence, he submitted, : erning the idoiiiity of u'-cuv-d was not bv ;iny means sat:-factory. His Honor, in addressing the jury, ;-a:d that if accused was not the Jannemu employed by Bray Bros, it would be ink-tost-ing tor them to know who he was. The jury retired at 12.20, and returned in 15 minutes with a verdict of " G-unty.” Sentence was deferred. A I’ALSE DOCUMENT. Charles Murray Robert Kerr was charged with; on the 30th August, making a certain false document —to wit, an order to give him a bottle of whisky, purporting to be signed bv one Dr R. Reid. Mr C. N. Scurr appeared for accused, who pleaded “Not guilty." Air Solomon said that accused was charged on two counts. He was charged with having made a false document, or as an alternative with having caused somebody else to act on a document as if 1 1 were genuine, but knowing that it was not genuine. The document was an order on a hotelkeeper to give him a bottle of

whisky at a time wiletx such order he could not have obtained it. The circumstances were that the man’s wife was ill, and was attended by two medical students. One of the students went to accused’s house early in the morning, and as it was possible that some whisky might be wanted accused asked for an order to obtain a bottle of whisky. It was % Sunday. The student gave him an order, and accused took it to the South Dunedin police station. A constable took the order to a hotelkeeper, and the bottle of whisky was given to the man. When he got back to the house accused took a drink himself out of the bottle, and tho jury would ba told that the whisky was not used for tlis wife at all. Later he presented to a constable at South Dunedin—not the sam< officer aa on the first occasion—anothet order, purporting to be signed by Dr Reid, the second medical student, who attended to assist the first one. Ho said that the whisky was wanted to rub his wife with, but that was not true. Neither the first nor tho second bottle was used at all, and the jury would have evidence that nobody suggested that a second bottle was required. The constable said to the mant “Is that Dr Raid’s signature?” and ha said : “ Yes; he wrote it in my wife’s bedroom. ” It would be proved that both statements were false. The constable got the whisky, but was suspicious. He sa-.v the doctor afterwards and asked him it it was hi;! signature, and he said “No.” The man was present at the time. Ha stood by and said nothing. The case for the Crown was proceeding at .3 p.ui. }.!r Scurr withdrew the plea of “Not guilty.” and pleaded “ Guilty ” on accused's behalf. Sentence was deferred. Christina Barlow was put on her trial on a charge of forgery. John Jones, charged with indecent assault, was put on his trial. * W ELLIN GTOhi. The criminal sessions opened this morning before Mr Justice Hocking. The grand jury found no bill in the charge against Frances Coyne of assault and robbery. Clifford Tarrant, charged with a serious offence, was admitted to probation for three yours Joseph Kean, unlawfully on premises at night with intent to commit a crime, was sentenced to three years

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https://paperspast.natlib.govt.nz/newspapers/ESD19141109.2.34

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SUPREME COURT, Evening Star, Issue 15645, 9 November 1914

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1,878

SUPREME COURT Evening Star, Issue 15645, 9 November 1914

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