SUPREME COURT.

Lyttelton Times, Volume LXXIV, Issue 9269, 25 November 1890, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. : Monday, Nov. 24. (Before. His Honor Mr Justice Denniston.) The criminal sittings of the Supreme Court opened this morning at eleven o’clock. grand jury. The following gentlemen were sworn in as the Grand Jury; —Messrs G. G. Stead (Foreman), E. M. McDonald, E.R. "Withey, P. Way mourn, C. C. Boweu, C. W. Turner. R. Steele, J. Forrester, G. Gould, F. Graham, Henry Adams, J, Henderson, M. Bowron, A. F. N. Blakistou, J. Hurse, J. S, White, B. Struthera, A. W. Bennett, J. Trent, E. F. Dombraiu, Charles Louisson, J. T. Matson, junr. his honor’s charge. His Honor, addressing the Grand Jury said: Although the cases this session are not numerous, yet some, indeed almost all, are of a serious character, or, I should rather say, of a serious class, for some of them are not specially serious cases of the class to which they belong. The great majority of cases present no difficulty, but there are one or two to which I will more particularly direct your attention.” His Honor then went on to mention the cases in detail, referring especially to the cases of Joseph Adams, charged with shooting with intent; Alexander Cowan, manslaughter; and L. E. Patten, concealment of birth. The Grand Jury then retired to consider the bills submitted to them, LARCENY FROM THE PERSON. John-Williams and Albert Payne were indicted that on August 15 last, at Christchurch, they did steal from the person of James Lemon ay pocket-book .qnd .£4O in money. James Williams was further indicted for receiving the sum of £2O (part of the £4O) knowing it to be stolen. Both prisoners pleaded " Not guilty.” Mr J. C. Martin appeared for the Crown. Mr Beattie appeared for Williams, and Mr Joyce for Payne. On the application of Mr Joyce, all witnesses were ordered out of Court.' The facta of the case alleged by the prosecution were that on August 14 James Lemon, a farmer, living at Lauristori, had received. £SO by cheque on the Union Bank. He cashed it, and received four £lO notes with, the change. He came to town on the morning o£ August 15, and had the four £lO notes in his pocketbook. He was the worse for liquor, and went to Mrs Savage’s White Horse Hotel, where he saw the prisoners, but ho could not remember what followed; but when spoken to by Mrs Savage, he found the pocketbook and its contents were gone. He first called at the hotel about 1 p.m., and returned about 3 p.m. with prisoners and two other men in his company. Both prisoners were sober. Prisoners were seen to be handling Lemon in the hotel passage, and in the bar Williams had his hand on Lemon’s shoulder. A man named Smith came to the side door of the bar, and Mrs Savage turned away to serve him, but she kept her eye on the accused, and saw Payne put his hand into Lemon’s pocket and take out a pocketbook and open it. Payne then tendered a £lO note in payment for four drinks, and put two £lO notes into Williams’ hands. Mrs Savage refused to change the £lO note offered her, and demanded that the money should be given up to her, as it had been stolen from Lemon. Prisoners gave her the money, all except one £lO note, which they put back into Lemon’s pocket. Mrs Savage took this from Lemon to take care of it, and gave the whole of the money to the detectives, who arrested the prisoners, together with two others, who were subsequently discharged. The following witnesses gave evidence for the prosecution: James Lemon, farmer; Eliza Savage, hotelkeeper; William Smith, farrier; Robert Neill, detective.

For the defence, Mr Beattie called Prisoner, John Williams: Was a cabinetmaker, living in Tuam street. On August 15 he was asked to go to the White Horse to have a drink.,. He did Lemon, who paid Is 6d for drinks. Payne paid for his own. There was a second lot of drinks, for which Lemon had to pay. Payne was not there then, but?he came in again, and said: “Whose shout now?”- Witness replied: “ This , man,” and indicated Lemon. Payne said; “ Are they paid for ?” Mrs,Savage replied they were not. Payne said: “Come on, old man, pay for those drinks.” Lemon said he had no money. Mrs Savage said Lemon had plenty of money. Lemon pulled out his purse, and Payne took hold of it in a quick off-handed sort of way, without any bad intention. Payne took out a note and tendered it to the landlady. Ho then turned round to witness and said: “ Look here, the old ’un said he bad no money.” Mrs Savage said something about robbery, and witness advised that the money should be given up to her to take care of. Had been drinking and might have rambled in his statement to Detective Neill. Certainly never said he went to the hotel with any dishonest intention.

Cross-examined: Did not know which was the right story, the one he told in the Magistrate’s Court or in this Court. He recollected now what he did not recollect then. Just held out hia hand for curiosity. Albert Payne, examined by Mr Joyce: There was a dispute about paying for some drinks and Lemon gave his pocketbook to witness to pay for them. Showed the two £lO notes to Williams. Mrs Savage gave Lemon ISs change. Called her attention to the fact that it was a £lO note she was changing. She replied she knew what she was doing ; said she would have no robbery in her house and demanded the money. Witness gave her the two £lO notes, but did not know what became of the other one. Cross-examined: Considered Williams was drunk and did not know what he was doing; Witness was sober. Learned counsel addressed the Jury. His Honor summed up. The Jury retired to consider their verdict. At 3 p.m. they returned into Court, and the Foreman said, in answer to his Honor, that he did not think there was any probability of their agreeing. His Honor said that the Sheriff would arrange for the jurymen to have something to eat, and they again retired. The Jury returned into Court at 4.35 p.m., and the Foreman stated that they had agreed upon a verdict of “Not guilty” with regard to both prisoners. The prisoners were then discharged. ’ BREAKING INTO AND STEALING. William Mandcrs and Henry Ernest Perry were indicted that, on Sept. 22 last, they did break into the warehouse of Maria Lake, and steal therefrom a quantity of hoots and leggings. Prisoner Manders pleaded “ Guilty ” and prisoner Perry “ Not guilty.” Mr J. C. Martin appeared for the Crown. Mr Joyce appeared for both the accused. The facts alleged by the prosecution were that the two prisoners had been working in concert. Mrs Lake’s boot factory was situate at the corner of Lichfield street and Madras street, and immediately opposite it was a vacant section bounded by a gorse fence. On the night preceding the robbery the doors and windows of the factory were secured, hut in the morning it was found that the front door and a window had been broken open, and several pairs of boots and leggings were missing. On the morning of Sunday, Sept. 22 last, an engine driver named Crone saw Manders walking away from the factory carrying some hoots ; some person closed the door after him. He shortly after returned without anything and was met by Perry. The two went over to the gorse fence, took something from under a gorse bush, rolled it up and took it away. The police went to tho house where Manders and Perry lived together and found a quantity of the stolen property in the house and about the premises. Perry did not then dispute going to the warehouse, as ho said that someone else must have been there before him, becau-c he found the window open; Jano Maria Lake, W, T. Lake and T. Chitty, employees of Mrs Lake’s, E, E. Crone, railway employee, and Maurice O’Connor, detective, gave evidence for the prosecution. Mrs Hobbs, Mrs Haddrell

and Mrs Cook, three women who occupied the same house' with accused, were also called. They statedthat they knew nothing about the boots found on' their premises. For the defence, Mr Joyce called Prisoner Henry Ernest Perry : Knew nothing of the boots missing’from Lake’sfactory. Was not with Manders on the Sunday the boots wore missed, or at any time that a robbery was committed at the factory. Was at home all that Sunday. Manders went out in the morning, and witness did not see him again till his arrest. Had not told Detective O’Connor he was at the factory. Cross-examined : Manders left the house about 3 a.m., bn the Sunday. Generally worked for hislivingatfarmingoranything he could get. Did not know what Manders did for a living. Came to the house with Mrs Hobbs and Mrs Cook. Had not paid them anything as be had no money. Was with Manders at 3 a.m. on Sunday at Mr Cooper’s butcher’s shop. Mr Joyce addressed the Jury. His Honor summed up. The Jury retired to consider their verdict at 3.35 p.m. After half an hour’s retirement the Jury found a verdict of “Guity” against Perry. The prisoners were then further indicted for stealing goods from the warehouse of R. E. M'Donald. Mr Martin lad no evidence in this case, and the Jury by his Honor’s direction found a verdict of “ Not guilty.” His Honor reserved passing sentence in the former case till the following morning. TRUE BILLS. During the day the Grand Jury found true bills in the cases of John Williams and Albert Payne, for larceny; Timothy Kelleher, indecent assault; William Mander and Henry E. Perry, breaking into and stealing, two charges; William Dennison, assault with intent ; Mary Doyle, W. J. Lee, and Michael Dooley, assault with intent; Joseph Adams, shooting with intent. NO BILLS. The Grand Jury found “ no bill ” in the case of Lilly Ella Patten, accused of concealment of birth, and no bill in the case of Alexander Cowan accused of manslaughter. The Grand Jury made no presentment, and were discharged with the thanks of the Queen and the Colony. ASSAULT WITH INTENT. William Dennison was indicted that on August 2S last, he did assault a girl of sixteen, with intent to commit a rape. By a second count the prisoner was charged with common assault. Mr J. C. Martin appeared for the Crown. Prisoner, who was undefended, pleaded " Not guilty.” The evidence is unfit for publication. The Jury, without leaving the box, found prisoner “Guilty of common assault,” and recommended that medical evidence should be taken as to his state of mind. His Honor considered the prisoner was quite able to know right from wrong. In answer to the usual caution. Prisoner said he suffered from hallucinations. He frequently hardly knew what he was doing, and was afraid to face society. His Honor said he was quite justified in not doubting prisoner’s sanity. Prisoner was sufficiently sane in the eyes of the law to know the rightness or the wrongness of his actions. The jury had taken a very charitable view of his conduct and the state of his mind would be inquired into. Prisoner would be sentenced to twelve months’ imprisonment with hard labour. INDECENT ASSAULT. Timothy Kelleher was indicted for having, on' Oct. 23 last, committed an indecent assault upon a girl fourteen year£ of age. , Mr J. C. Martin appeared for the Crown. Prisoner, for whom Mr Beattie appeared, pleaded “ Not guilty.” After hearing the evidence, the address of learned counsel and hia Honor’s summing up. The Jury, without retiring, found the prisoner *• Guilty.” Hia Honor postponed passing sentence till the following day. The Court then adjourned till 10 a.m. to’-morrow (Tuesday).