CRIMINAL SITTINGS

Evening Star, Issue 19318, 3 August 1926, Page 6

CRIMINAL SITTINGS

DUNEDIN Tiie quarterly criminal sittings of the Supreme Court ■ commenced this morning before His Honor Mr Justice Sim. GRAND JURY. The following grand jury was empanelled :—Robert Davidson Veitch, James Martin Samson, Albert Sise, Alfred Moulin Rutherford, David Charles Stark, Walter Speight, Sidney Edward Neill, Ernest Oscar Nees, Robert M'Kenzie, Walter M'Kewen, George Manson, Gerald Kirk, William Reginald Hudson, Alfred William Heazlewood, William Rowland Hayward, Alexander Gilchrist, David Murray Pastier, Robert H. Fogo, James Dunlop. HIS HONORIS CHARGE. , In addressing the grand jury His Honor said there were only three cases for consideration on this occasion, the most serious being a charge of murder against Patrick John Jager. It appeared from the depositions that Jager was friends with Arthur Creagh, and boarded with him at the same board-ing-house in Cargill road, where they shared the same room. On May 3 Jager attacked Creagh with a beer bottle, struck him. on the head, and then cut his throat with a razor. Jager then gave himself up to the police, and said he had killed Creagh. The real question of the case would be whether the mental condition of accused was such that he could be held criminally responsible for the death of Creagh. That was a question, however, the grand jury did not need to concern itself with. Every man was presumed to be sane until the contrary was proved. What concerned the grand jury was whether it considered Jager caused the death of Creagh. Ho thought a true bill could be returned, and that the question of accused’s responsibility could be left to the common jury. His Honor next dealt with the charge of sheep stealing against John William M'Leunan, who was charged with the theft of sheep from the Beaumont Station. , When the sheep were mustered on the station it was found there was a considerable shortage. The sheep on accused’s place were mustered, and among them were found 493, which the manager of the Beaumont Station said belonged to his place. Of that number 489 had been shorn and branded with M'Lounau’s wool brand. M'Lennan was also charged with the theft of the fleeces of 489 sheep. His Honor pointed out that sheep belonging to one man might ■get into the flock of another man without theft having been commited, but where such a large number had been found and where they had been shorn, it certainly seemed that a prinia facie case had been made out.

The other case was a charge of the theft of a lady’s underclothing from the Hotel Carlton on April 28. The lady left the door of her room open, and when she returned four articles were missing. On the day of the theft the accused, Hugh James Collins, gave two articles to a Mrs Twist, and the day after a detective got possession of them, the owner identifying them aa her property. There was no evidence of actual theft, but on the evidence before it he thought the grand jury would be justified in returning a true bill, and leave the question of whether accused should be convicted on the theft of the four articles, or at all, to the common jury. TRUE BILLS. The grand! jury returned true hills in all cases. THREE YEARS’ PROBATION. Norman Ernest Johnston appeared for sentence for theft as a Government officer. Mr C. J. L. White appeared for accused, who, he said, was twenty-one years of age. Prior to the present offence being committed the conduct of accused -had been exemplary. He had found a shortage in his cash takings at the Manor Place Post Office, and had committed the thefts to make it up. His Honor: “ How did the shortage arise?” Mr White: “He does not know.” Learned counsel wont on to say that he thought the shortage would he easily understood when one thought of the confusing bank notes in existence. Accused had not 'humbugged the public, the cablegrams for which he had taken all the money having been sent. Accused had been in the department for six years, and had been given good reports. He came of a good_ family. Learned counsel asked for leniency on the grounds that the amount involved was small, that it was the first offence, and that the public was not put to any inconvenience.

His Honor said the police report showed that accused had previously borne a good character, and that, if probation were granted, there was a job waiting for him. The Crown Prosecutor (Mr F. B. Adams) said that, shortly before the offences were committed a young lady friend arrived to see the Exhibition. They were both "hard up,” and accused probably went to tho till to supply funds for both % His Honor' said it was not usual to grant probation to persons who bad occupied positions of trust. In the special circumstances of the present case be thought he was justified in releasing the accused upon probation. Fourteen days’ imprisonment had already been served, and the amount involved was small. Accused would bo released on probation for three years, conditions being that he make restitution and pay the costs of the prosecution. AUCKLAND In a charge of manslaughter against Richard Matthew Walker, arising out of tho death of Charles Owen Rxler, aged nineteen, on June 8, the jury found a verdict of " Not guilty.” Tho Crown’s case rested on the question of whether or not tho rear light of the lorry with which the motor cyclist collided was burning. Arthur Hugh Julian, charged with the theft of a receipt for £SO and a cheque for £52, drawn on the Bank of New Zealand at Npnruawahia, and obtaining money by false pretences, was sentenced to two years’ hard labor. PALHERSTOH HORTH The quarterly session of tho Supremo Court opened to-day, His Honor Mr Justice Reed presiding. In addressing the grand jury, His Honor observed with regret that there were more than tho usual number of criminal cases on the calendar, but it was satisfactory to see that ibe worst class of criminal offence—sexual cases—was entirely absent. Of the cases for trial there was only one of a serious nature. Most of them were comparatively simple so far as the grand jury was concerned, and the only bill likely to necessitate some consideration was a charge against Clifford Harris Thompson, of stealing some geese near Dannevirke. The accused, continued His Honor, a man holding a responsible position, went out hare shooting with sonm others on a certain property, permission having been obtained from the mother of the owner. After a number of hares had been shot some geese were killed. While this in the circumstance,? was unwarranted, it was done quite openly in front of tho house on the property, and in the presence of witnesses. There was an apparent lack of that fraudulent intent which made for theft. .The action partook more of !arrikinism, and, while it wa-i reprehensible, it could hardly be termed theft. After referring to the other cases, His Honor said tho most serious of these

was one against Ernest Taniwho Sutherland, a half-caste Maori, arraigned on a charge of attempted murder and arson. ~_■■■ welling™ Soitlernect by consent was_ announced in the Supreme Court in a claim by the widow against the City Corporation for £2,500 as compensation for tie death of Duncan Gordon Stewart from injuries in an accident at a paying plant in November, the corporation paying £1,500.