SUPREME COURT.

Globe, Volume XX, Issue 1525, 7 January 1879, Page 2

SUPREME COURT.

[ CRIMINAL SITTINGI-S. Monday, January 6, 1879. (Before Ilia Honor Mr Justice Johnston.) , In the case of Alfred King Harlock [reported in yesterday’s issue, but unfinished at the time we went to press], i Mr Joyce having addressed the jury on behalf of the prisoner and the Judge having summed up, the jury retired to consider their verdict. After a brief absence they acquitted the prisoner, who was then discharged, the Judge observing that he had undoubtedly been guilty of great fraud, though it had not been proved against him. LARCENY. John Casey was arraigned on an indictment, charged with stealing two purses and a sum of .£4l, the property of Thomas Gallan. Prisoner, who was defended by Mr Neck, pleaded “ Not Guilty.” . The prosecutor deposed that, on the 23rd of December, he had two =£2o notes and three half sovereigns in his possession. He got that money from the Bank at Ashburton. He arrived at Christchurch on Christmas Day and went to stay at the Port Phillip Boarding House. _He . slept in No. 3 room, but was shifted that night into No. 9. Before shifting, however, he had folded his money and two purses in a towel and . placed them under the pillow. When he moved from the room he did not take the money with i him. He returned to No. 3 next morning and ■ found the towel lying open but the purses and money gone. Then gave information to the police. Was present when the prisoner was arrested and searched. The sum (f £SO was found on him. There was a hole in one of the notes witness lost, and he believec. that produced to be the one. By Mr Neck —Had the two .£2o'' notes in one purse and the other change in the other, £1 4s. When he left Longbeach in the morning he had his breakfast at about si* c clock. He had nothing to eat till he arrived at Rakaia at eight o’clock in the evening. He had nothing whatever to keep up his spirits—he was too careful of his money. Fo did not look if there was a s wag in the" room where he ha,d lost his money. He was too much troubled to take notice of anybody. Richard Westenra, teller at the Bank of New Zealand at Ashburton, deposed to cashing the cheque produced for £4l. Could not say whether the prosecutor wts the man who cashed it. Py Mr Neck —Notes had loles in them from wear and tear. The hole in the note produced did not appear to be one of flat nature. His Honor remarked that he was not aware chat a prosperous bank issue! old notes. The witness said it was not usual to isaua notes such as that produced but there were no definite rules on the subject Mary Jane Buxton defosod she was the daughter of the proprietorof the Port restaurant, situated at the corner ot Dun aBBJ and St. Asaph streets. Tie prisoner lodged their house on Boxing night. He slept m N 3on the previous night. Thomas Callan hi occupied it. Witness described the rooms beii£ changed as already stated, and addi d that te prisoner afterwards slept in No. 3, when it -as vacated by the prosecutor. Prisoner left in To morning about half past seven. The other witnesses examined were Wiliam Kirkwood, of the railway refreshment xioms, and Mary Anne Shaw, of the Terminus Hotel, each of whom changed a £2O note. Detective Benjamin deposed that on seirchmg the prisoner he found upon him six £f notes, thirteen £1 notes, six sovereigns, throe halfsovereigns, and a small quantity of skver and copper. . , Mr Neck addressed the jury, and tto learned Judge summed up. ... , The jury found the prisoner guiky without leaving the box, and recommended him to mercy on the ground of the temptation thrown into his The police said there was nothing known against him, and ho was a stranger in Christchurch. Ho had just arrived from Melbourne. Prisoner said iio had been working m the Ferry road. v , „ The Judge said when ho saw a man tall through sudden temptation, he would like to treat the offence as lightly as possible. He would let the case stand over until \\ eduosday. NO BILLS. Regina v Dempsey, manslaughter ; John Roove, infamous offqtico THE (h HAND JURY. The Grand Jury Having got through all their business, ' The Foreman said\tho Grand Jury had asked him to inform the t Court that they were of opinion that it be, better to meet at 11

o’clock on the first day of the session than at 10 o’clock, from the causes stated by his nono . The Judge said he was glad they agreed with him on the subject, and he would takegoodcare that the recommendation was forwarded to the proper executive quarter. PROCLAMATION. The cases of Duncan Campbell for passing a valueless cheque, and Alfred King Harlockfor obtaining security by false pretences were not proceeded with, and the proclamation bavins? been made on their behalf, and that of John Reeve, against whom the jury had found it jjjj] ” f o r an infamous offence, were then discharged, STEALING FROM A DWELLING. Abool, a colored man, was charged with stealing the sum of .£lO, the property of Captain Loverock, from the Lyttelton Hotel, The prisoner was defended by Mr -Neck. From the evidence given it appeared that the prosecutor had been staying at the hotel in question, and that within a short time of his losing his packet book containing ten £ I notes, and prisoner, who was a cook in the hotel, was found dealing with the same. . A number of witnesses were examined, and after Mr Neck had spoken on behalf of the prisoner and his Honor had summed up, The jury found the prisoner “Guilty,” with a recommendation to mercy, and ho was sentenced to six months’ imprisonment. LARCENY.

John Brind, who pleaded “Guilty” on the former part of the day to stealing a watch, the who was then sentenced to a year’s imprisonment, now pleaded “Guilty” to stealing a quantity of wearing apparel. Ho was sentenced to one year’s imprisonment, to run concurrently with tho former sentence, k jy: Court adjourned at ten minutes to seven HK/ten o’clock this morning. Tuesday, November 7. The sittings of the Court were resumed at 10 a.m. FALSE PRETENCES. Carl Schultz was indicted for having, on the 22nd of November last, falsely pretended to one Henry Garland, that a certain 1.0. U. had been endorsed with the name of William Fuchs. The prisoner, for whom Mr Neck appeared, pleaded “ Guilty.” , . , Mr Neck said that he desired to bring forward a witness as to character. _ His Honor said that there was just this about witnesses to character, that it was usual for a witness to give a character of a prisoner for a few months only, which was all they could do. What character meant was really that witnesses should be able to testify to a man living for a long time in one neighborhood, being known to his neighbors, and nothing being known against him. Mr Neck then called Augustus Thiele, who testified that the prisoner had been in his cmploy for nine months, and had always been a steady and good workman. He had also heard of him as being a good character at Amherley, where he came from. Mr Neck said that he was instructed that the prisoner had only just got married. His Honor said surely Mr Neck did not mean to say that because the prisoner had just got married it was an excuse for such an offence as this which was very close in moral guilt to deliberate forgery. Mr Neck said that this was how he was instructed, and ho was not responsible_ for the views of morality put forward by the prisoner. His Honor said that he thought Mr Nock had better not say anything about this line of defence. The prisoner made a rambling statement as to the reasons which had induced him to commit the crime. His Honor sentenced the prisoner to six months’ imprisonment with hard labour, remarking that he trusted this was the prisoner’s first offence, and warning him that, should he ever be convicted again, he would probably pass the greater part of his life in penal servitude, which would, under the regulations he hoped to see introduced, be a much more formidable punishment than it was at present.

INDECENT ASSAULT. James Horatio Caleb Keig was indicted for having indecently assaulted one Priscilla Coppock on the 25th December last. The prisoner, who was defended by Mr Neck, pleaded “ Not Guilty.!’ The evidence is unfit for publication, Mr Neck having addressed tho jury for the prisoner, His Honor summed up, and the jury returned a verdict of “ Guilty,” with a recommendation to mercy, on the ground that the prisoner had suddenly succumbed to a temptation. His Honor said he felt inclined to deal with the case in a different way to that of a man who had gone out of his way to make such an attempt. He would again urge before the public, and trusted that they would consider it, that in the colonial communities the parents and employes of girls and boys did not do their duty, and the result was shown in larrikinism in the boys and precosity in the girls. If such a thing were possible out of Utopia he would be inclined to punish the parents and employers in cases such as this. Could the prisoner give any account of himself! The prisoner said he had been for four years employed by Mr Henry at Dnnsandol. i His' Honor said be would defer sentence in this case until the next day, which would enable the prisoner to give evidence of character. He felt inclined, particularly after the verdict of the jury, to treat the case as one in which tho prisoner had succumbed to a sudden temptation. Tho prisoner was then removed, INDECENT ASSAULT.

William Atack was indicted for haying indecently assaulted one Elizabeth Griffin, a girl of thirteen years of age, at Ashburton. Mr Neck defended the prisoner, who pleaded “Not guilty.” . The evidence in this case is unfit for publication. Mr Neck having addressed the jury, His Honor summed up, and the jury returned a verdict of “ Guilty.” . His Honor sentenced the prisoner to twelve months imprisonment with hard labor. LARCENY. John Freeman and Thomas Eyan were indicted for having stolen a suit of clothes on the 17th October, the property of John Clark. The prisoners, who were undefended, pleaned “ Not Guilty.” .... xi The case for the prosecution was that at the date mentioned in the indictment there was exhibited outside the shop of Mr John Clark, High street, three suits of clothes. Mrs Clark, who had left the shop, on her return to it found that one of the suits of clothes had been stolen. Subsequently the prisoners Freeman and Eyan went to the Southern Hotel, in Madras street, and Freeman, who had a bundle with him containing clothes, requested drinks on the security of them. This was refused, and the prisoners wont away. Subsequently a man named Jansen came in, and Freeman offered the clothes for sale to him, and he purchased them for .£l. After this, from information received, Detective Benjamin recovered the clothes, and arrested the prisoners. [Left Sitting.]