SUPREME COURT.

Globe, Volume XX, Issue 1524, 6 January 1879, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Monday, Jant/ahy 6, 1879. (Before His Honor Mr Justice Johnston.) The usual quarterly criminal sessions of the Supreme Court took place at ten o clock, at which time his Honor took his seat upon tne Bench. GRAND JURY. The following gentlemen were empannelled as a Grand Jury:—Messrs T. M. Hassal (foreman) Chas. Walkden, Wm. Buss, J. B. Sheath, Wm Kennaway, Wm. R. Browne, James Ed, Wm. Saunders, F. A. Bishop, James Tipping, G. Stead, D. Davis, ]un.,Wm W. Cobb, Samuel C. Farr, G. Booth, Frank Egan, Chas. Flockton, J. S. Monk, D. Craig, Josiah Birch, F. C. Tipping, J. W. McAlpme, and G. D. Lockhart. HIS HONOR S CHARGE. In addressing the Grand Jury his Honor said he had hoped upon this occasion to have been able 'to have unreservedly congratulated the colony upon its condition, but unfortunately lie ■was not able to do so, in consequence of the severe disasters by which they had been visited during the past year. During the year just passed it was a matter for congratulation that their railway facilities had been so greatly increased, and that in a manner which was certainly an epoch in the history of the colony to be long remembered. No doubt a gloom had been cast over certain industries by the melancholy condition of affairs during the last few months through floods, which would no doubt interfere with the prospects of a certain class of the community. However, taking the year past as it had been, he thought he might very fairly congratulate them upon the evidence of progress and advancement that was to be found on every Bide, and which were only to a small extent overshadowed by a consideration of the cirsnrnstances to which he had alluded. With regard to the administration of justice generally, he saw little in the calendar that rendered it necessary for him to make any comment. On looking over the criminal lists of other place 3 he found that crime had decreased elsewhere; but it was not so here if they were to judge from the returns they had received, and from the calendar before them. He would advise the public generally not to form too hasty a conclusion as to the state of crime from mere statistics, and without knowing all the circumstances under which they were compiled. In this portion of the colony he saw no reason to fcelieve that any considerable neucleus of the criminal population had been introduced. The calendar showed the usual character of crime-

a prominent offence still appearing to be forgery and the passing of valueless cheques. He felt that this great crime would not be fullyeradicated until the community awoke to the very grave responsibilties which they themselves possessed ; and he must repeat that those persons taking forged cheques or valueless cheques from strangers, were participators in the crime. It was very diffioult to draw a line between the culpability and the stupidity of such persons; but there could be no doubt that it was the cause of the crime being so very prominent as it ■was. He wished to impress upon that class of persons—not the Grand Jury of course—he alluded to shopkeepers, small storekeepers, and publicans—the great necessity of taking more ■care against allowing themselves to be cheated in the ridiculous manner which was so prevalent at the present time. Perhaps in no part of Her Majesty's dominions was the crime to which he was alluding so common as in these colonies. While there were people who were amenable to be gulled, they would, no doubt, find other people ready to gull them. In all cases that came before him where such persons had allowed themselves to be foolishly gulled, he should mark his sense of the impropriety of their conduct, although, no doubt, in some cases there were excuses to be offered. The condition of the country and the large number of cheques that ■were given by tradespeople and others for small amounts made the offence, perhaps, moro easy of accomplishment than in many other places. In many instances it was unavoidable to pay monies except by cheque, and therefore it behoved shopkeepers and others to show the greatest care in taking them ; and unless such -people took care to protect themselves the crime would be still further on the increase. There ■were one or two other matters in the calendar to which he would call their attention, and to which he would ask them to give important consideration. There were altogether some twenty commitments comprising the following cases. [His Honor proceeded to go through the list.] This, he thought they would agree with him, was a very considerable number, but he did not know that any individual case would render it necessary for him to comment upon at length. There was one case of libel in which the Crown Prosecutor offered no evidence, and it would, therefore, be necessary to make proclamation in the usual way, so that if the prosecutor himself intended to prosecute he might come forward and do so. [The name of the prosecutor was then called outside three time 3 but he did not appear.] His Honor continued that it was competent for him to come forward .and offer to prosecute until the Grand Jury was discharged, and therefore it would, perhaps, be as well to tell them what the case was, although he had no doubt that the Crown Prosecutor had exercised a wise discretion in intimating his intention of not going on with it. It appeared to him (the Judge) that public justice had not been Outraged in any way. The law of libel was ibis:—That where anything was published pending to injure a person in the eyes of hia fellow men, and to cause a breach of the law, then he was entitled to have redress at the hands of that law. If a letter were written to a man personally making certain statements •to him, that might be good grounds for a civil action. [His Honor was here heard very indistinctly by the reporters.] Ha lost nothing by it, it not being a public libel tending to injure him an the eyes of other people. He might, however, make him liable to punishment as tending to provoke a breach of the peace. In this case they would have to be the judges, and if they thought the contents of the letter were libellous, then it would be their duty to bring in a true bill. The present case before them apto be a trumpery affair altogether. His Hon/,- proceeded to give the facts of the case, Sfjm Lh ? ch it appeared that the prosecutor was i hnoWlar and stationer, and that there was « matter of accounts between him and the prisoner. Priadß.er appeared to take exception to certain sums d /noney that were demanded of him. However, U some money to the prosecutor, and Lnfa letter called him a "bill sticker," and added «faaf he was happy to say that he was able to pay, twenty shillings in the pound without keepm? a brothel. That was the libel. If it tended i& do discredit to the prosecutor, then it was a libel, and this they would consider when they Tetired to their room. Wish regard to the case of manslaughter on the calendar, it wag one wtfch would, no doubt, receive their most earnest consideration. The deceased had died in the- Hospital after ho had had a struggle with Detiipsey, the prisoner, and the case for the prosecution was this—that tne prisoner Job* Dempsey was engaged in a struggle with a man wameed McClatchie in a publichouse, and that McClatchie's death had been accelerated by such struggle, and from the effects of which he afterwards died at the Hospital. He need not tell them that if any wersonnsed violence to another, «,nd if it accelerated in the slightest degree the death of that «>ther it was in the eyes of the law manslaughter v -and the fact that the person might have da.d "**.. Hoot such violence none the less made it taoehter. He would adyise them that in manß • >« i« a vrim* f ucie caSfc ' they mnat , bringiL whether death had teen caused, only col Jabber they considered it hfcdbecn *> ut ala ° •' the violeaoo referred to. He 0&e hastened by e deceased had died Judge) undei. aaA tho who had enfrom natural ca. ' death had brought in a quired into the ca that it was tne police verdict to that effe. L r ,. ogen t steps. It would who were taking t J the Gran d Jary hardly be enough to violence used in bringing in a true biU a aml if 0 n the might have accelerated j sa^cne d beyond medical testimony they wei was acce lerated, reasonable doubt that the dei for «pi rethen there would be good e. ,^ at it ou ij turning a true bill. More thai. , w>rtance too be a question of considerable in. \ e ftr w bj c h whether the act of violence was one *< u(JtoV then the accused was responsible. (His L s jt proceeded to speak of the facts of the t \ briii*r would be for them before they coulu in a true bill to say that the act \ had caused the scuffle, and the fall purely voluntary on the part of the prisont ' They would have two things to consider; first, was there reasonable ground for belief that death was caused by violence; second, and if violence was used, was it used by the prisoner, and was there justification for it. These were matters which they would have to consider before bringing in a true bill. He would now allude to a class of offences that he was very sorry to say were only too common in this colony. He meant cases of indecent assault. There were two cases of this character on the calendar this session. Ho ventured to most sincerely impress upon parents the necessity of looking more carefully after their children than many of them appeared to do. Children in this colony were no doubt moro precocious than they at Home, and were exposed to a great deal temptation, though not so much perhaps »a am !pg the worst classes of the community in t the Ola cv. n try. jj 0 thought society had a right j

to;expect that people would look very carefully after their children, and that they would not allow young girls to be left in the presence of men or youths under circumstances where there was the slightest po: sibility of any assault or familiarity taking place. It was very much to be regretted that children were left exposed to temptation in the way they were. (His Honor then proceeded to spe;:k of the two indecent case* on the calendar in detail.) Among the offences to be heard was one of arson. This was an offence that was far too common in this colony. Possibly the reason of this was twofold. A very large proportion of the houses were built of wood, and were consequently easily inflammable, and there were a much larger number of insurances than would be the case if they were built of less inflammable material. These tbing3, in co-opera-tion with a man getting into difficulties and requiring money, no doubt accounted for the great many oases of arson they had in the country, but whatever the cause, there was unquestionably a very large number of such cases. No doubt, occasionally such cases arose through reveDge, and sometimes fires were the result of the large wages which the people received, which induced them to drink and what was called " loaf," during which time places were often set on fire through their carelessness. His Honor then proceeded to speak of the particular case on the list, and also of the other cases of lesser importance. In concluding his remarks upon the calendar, and before dismissing the jury to their room, the Judge said the Sheriff had reminded him of one thing upon which, perhaps, it would be as well that he should speak to them with a view of eliciting an expression of their opinion, if they desired to make any presentment on the subject. There had been complaints made at homo about the jary list, and it was now part of the law of England that special juries were also to be on the petty jury list. Poßsibly it was a wise thing, and one from which the county might derive considerable benefit, but how it would act it was not for him to say. He did not wish to express any opinion on the subject, but merely to remind them what was the state of the law. The Grand Jury then retired to their room to consider the bills. BURGLARY. George Mnff, indicted for burglary at Ashbnrton, pleaded " Guilty." Mr George Harper, who appeared for the prisoner, asked that he might stand down till to-morrow, in order that witnesses might be called. His Honor hardly knew how witnesses wonld avail on such a serious charge, and where the prisoner had himself pleaded guilty. Mr Harper said the guilt was not denied, but there were some extenuating circumstances he would like to bring under the notice k of the Court. The case was accordingly ordered to stand over. BREAKING AND ENTERING. George Brind was arrigned on an i»diotment charging him with feloniously breaking and entering into a store at Ashburton and stealing a watch therefrom.

The prisoner pleaded " Guilty." The sergeant in charge of the Ashburton police stated that he had known the prisoner for the last three months. He had been employed at Ashburton during that time. He had never heard anything wrong of him before. Mr Hicks, the employer of the prisoner, also gave him a good character. George Davis said that when he had seen the prisoner at Ashburton he was the worse for drink, and had told him that he had been " having a lark with old Fluffum." In passing sentence, the Court expressed its regret that there was no place in which such youths as the prisoner might be placed during a term of imprisonment instead of having to go to the common gaol to herd with all classes of felons. The administrators of the law had nothing to do with this, and could only regret it. The sentence of the Court was one year's imprisonment. FORGING AND UTTERING. Edward McKinna pleaded guilty to having forged and uttered a cheque for the sum of £7 los from McNamara, late a publican at Kaiapoi. The prosecutor stated that the prisoner was a stranger to him when he presented the cheque for £7 los to him. He received.the change, £7. The Judge, addressing the prosecutor, said that h e was one of those persons to whom he had alluded in his charge to the grand jury. It was such people as he who enabled persons to commit crimes—to become forgers. He would not be allowed his costs. Unless this sort of taking strangers' paper was put a stop to, instead of decreasing there was every chance of forgery being on the increase. Sergeant Maurice, of the Christchurch police, proved a previous conviction against the prisoner, who was sentenced in January 1875 to uhree years' penal servitude for horse stealing. Mr Phillips, the gaoler at Lyttelton, said the prisoner had only just come out of gaol. In passing sentence, the Bench remarked how exceedingly easy it was, as had been just shown, for any stranger to get a cheque, commit a forgery, and go to the first hotel and cash it. Prisoner was evidently determined to become one of the criminal classes. He evidently knew the ridiculous facility which people in this country had of cheating others by passing upon them valueless cheques. A light sentence upon such a man as the prisoner was apparently no good, and he would bo accordingly sentenced to penal servitude for six years. FORGERY. Alfred King Harlock was charged with committing forgery at Akaroa in August last. Prisoner, who pleaded " Not Guilty," was defended by Mr Joycß. John NixOn, a tailor and clothier residing in Akaroa, deposed to knowing the prisoner, who was a schoolmaster in that place. In August last witness was starting business, when prisoner offered to endorse a Bill of acceptance for him for if witness would afterwards give him a grant of money and endorse a bill for him too. The signature on the bill produced was not in his handwriting. In examination by Mr Joyce, the witness said I was not implicated in an arson case. My partner was in Timaru. It was Bickerstoff who got ten yearsj He was my partner. I wa3 engaged in the tailoring business there. At the time of the transaction he told me he had sent one bill for discount, but not the other. The bills were then torn up. I did not believe I had signed them, but he said I had. I swear that the bill produced is not one of those bills, and that the signature on it is not mine. My signature on the information helps me to swear that. I had a doubt of it on my mind before I saw the information. It would be very difficult to pyear to a lie right off. When I saw my signature on tho information I said, " That is a, fixer for him." Ho is a schoolmaster, and is capable of doing anything of the kind, and a College bred man seemingly. If I don't get him convicted I shall have to pay this money. If tho Bank sues me I will have tq pay the money. I told you before I did sign two bills, but they were torn up in my presence. It was seven or eight days after the 16th of August. You confuse me man. His Honor—He is exercising his Caledonian reasoning. Witness—Yes it was in September. His Honor —By what process of reasoning do you arrive at that. Witness—l say now after reflection that it was about the 23rd of August. I thought I was safe when th«* bills were torn up. If he said he did not come back from Christchurch till the 7th I should not like to contradict bim. Frcdk. James KoberjLsbaw, telegraphist at Akaroa, deposed he knew the prisoner. He had a conversation with the prisoner in September o? October last. Harlock said he intended to give Nfzon assistance by getting £4O worth of goods for -him, wjth one iMO promissory note, while the other J&'Mt promissory note ho held as collateral security. Harlvck said " a few days ago Nixon came to me about these bills; Haid I had been trying to swindle him, so I tore bath thfe lUty' up in hi 3 presence, and would have nothing woi'o to do with them. I know Harlock's handwriting. the writing, except the signuture of Nixon, is Harlock's writing.

By Mr Joyce—That is not like Nixon's usual signature, but it would pass for his. I have kuown Harlock for the last two years, not a 3 a friend but as a mere acquaintance. I was not interejsted in these bills; they were a common topic of conversation. I am generally not interested in hearing tyese things. Edward Wither, deposed—-I was accountant at thtf Colonial Bank of New Zealand, Christ.church. Received the bill of exchange fi?om Mr jfr&riock. it was sent by letter in his handNvitasg. Tho )A)l was not discounted, but was ' Ws« /is collateral for an overdraft. Mr Harloek had an account at our bank. He Z -.VI bills discounted at our place-a pood ° „. v There ha.-s been an apparent system of Lite flyin T i n .conation with Harlock S t Akaroa "Owe have b*m two or three failures in com ection" ■**& Harlock, ftt Akaroa, lately. Charles Ok'er, a feilor in Akaroa deposed -HavloekeamO- into my shop in October last and snirt that had stuck him n«d accused him of disc-opting bills m C&nstchureh, and that he wanted either fcbe money or the good*. Harlock then said he had told him that if he would go to his liaise he would tear up the bills. He added, what moro does the follow ;Want, , 1 [Loft sitting.]