SUPREME COURT.

Lyttelton Times, Volume CV, Issue 12423, 12 February 1901, Page 3

SUPREME COURT.

CRIMINAL SESSIONS. I Monday, Feb. 11. The criminal sessions of the Supreme Court were opened yesterday, before' Mr Justice Edwards. -. ■ . ■ GRAND JURY. The following Grand Jury was empanelled : Messrs A. H. Turnbull (foreman), H. C. Godfrey, R, Ballantyne, I. Gibbs, E. Y. Simpson-. J. Gobi, W. C. Fleming, •R. E. M'Dougall, C. F. Binns, J. W. Overton, G. M'Haffie, F. Rutland, E. M. M'Donaid, S. Manning, J. Troup, P. A. Lawrie, IT. P. Hill, W. Tonks,- P. W. Dallington, J. A. SeaweH and E. R. Wheeler. THE JUDGE'S CHARGE. In his charge to the Graind) Jury, the Judge said that the cases were few iti jiumment. His function was merely-to. direct. them as to points of law. There would be scarcely any difficulty in. any ca.se. There was one charge against a man for having improper relations with' a girl under sixteen years_ of age, amd it'was no excuse that the girl had consented.- There were a mi ruber of disgusting charges of an, inexpressibly filthy , ma.tun.-f; but they .. presented no difficulties in regard to law. There vr,ns ' a charge against a person employed under a peculiar agreement as an agent and-canvasser for a draper. The charge was that certain moneys had been embezzled. T-Tie agreement was of a peculiar nature, and possibly some question would be raised as to the relationship of the parties. He did not think, however, that, that should trouble the jury. The agreement- provided that weekly balances should ho paid, and that, it appeared, had ' not betre done. The calendar was a very I small one. WOR.K OF THE GHAND JURY. Time bills were returned in the cases of James Middle ton, charged with, assault; Stanley Joseph, assault; William- John. Kinley, Thomas Clark and George Hay-den, damaging property; Donald M'Rae, breaking and entering; James James, three charges cf unnatural -offence; and John Richmond Jones, indecent assault. No bills : were returned in the cases of James Bowie Kirk, ;theft (three charges), and Tane Horomona, alias Thomas -Solomon, forgery -and uttering. BREAKING AND ENTERING. Cecil Cunningham, Alfred Gedson and Ernest Hancock were brought up for sentence ' for breaking and entering, j They are all mere lads. In reply I to a question) from his Honor, Cuimningham said that he had been drinking at the time, and did not know' what he was doing. His Honor said *that j as the accused was an old offender, and had been the ringleader in the affair, a. substantial sentence would be imposed. He would, however, take into consideration the fact that accused had pleaded guilty, and would sentence him to two year's imprisonment with hard labour. Gedson was sentenced to one year s imprisonment with hard labour, and Hancock was admitted to probation for '©co year. BREAKING, ENTERING AND THEFT. James M'Gowan was, brought iip for sentence for breaking, entering and theft, on two occasions, and Avas sentenced to eighteen month's' imprisonment with hard labour on ' each charge, the sentences to be concurreffit. ALLEGED ASSAULT. Stanley Joseph, who was charged. with having assaulted Peter Keller, barman at the Grosvencr Hotel, on. Jan. 22, pleaded not guilty. Mr Donnelly appeared for the -accused, and Mr Stringer, Crown Prosecutor, prosecuted* Mr J. Landry was chosen foreman of the jury. . ;, Evidence was given, and counsel addressed the court. His Honor summed up, and the jury re-,, fcired,. ..Af'.cr about twenty minutes'.-de-liberation it returned a, verdict of " Guilty;" with a recommendation to leniency. .- ■ - " 'Mr Donnelly asked. that the accused should be placed en probation. He had a, wife to keep, and : she was in delicate health. His Honor said that, to strike anyone with a heavy jug, as the accused had done, was a very serious thing, and he would not have granted probation had it not been for the recommendation of the jury and the "favourable report of 'the Probation Officer. Accused' was admitted to probation for two years, and was ordered 'to pay the costs of the prosecution. - ; . ASSAULT. James Middletmi was.charged with, having assaulted William Power, at Springfield, on Dec. 6.. Accused pleaded not guilty. He was defended by Mr T. G. Russell, and Mi Stringer prosecuted. 'Mr E. .Barlow was foreman of the jury. Mr Stringer stated that both the accused and the prosecutor, Power, were farmers at Springfield, a-nii they had a dispute with regard to grazing sheep. Afterwards Power was found in his top, suffering from injuries which, at was supposed, "had been inflicted by the accused with- a shovel. It would probably be stated the defence that Power had picked the quarrel, but the jury would have to decide why the accused had .gone off his own property, and got over a fence, in order to get to Power. Evidence was given, and at 4.45 the Court adjourned til 1 . 10.50 a.m. next day. [Per Press Association.] NAPIER, Feb. 11. • At the opening of the Supreme Court this morning, 'Mr Justice Deuncston referred to the death of the Queen, and to the immense improvements that had taken place in administration of criminal justice during her, reign. The humane spirit which had.been introduced during her reign had 'been largely due to practical influence and advr.ee-of the Queen, and he could only express a hope that the same progress would he-made.dur-ing the century just commenced, and under the reigii of the present Sovereign. The calendar is light. Of the seven cases before the Supreme Court, the Grand Jury threw out the bill against Phillip- Smith, charged with indecent assault, while that against Herrold, committed for serious assault, was not presented, as the prisoner had been declared insane. Alexander Croucher, charged with false pretences, was found to be insane by the jury. Charles Williams, indicted for indecent assault on two little girls, was found not guilty. Herbert Symes pleaded guilty to- embezzlement. Probation was refused:, but as the prisoner had already been five months in gaol, the additional sentence of one month onlv was imposed. DTJNEDIN, Feb. 11. At the Supreme Court to-day, a case was heard in which-Mrs Whale claimed - £2OO damages, for injuries sustained on the Dunedin and Kaikorai tramway Company's line. She was a- passenger on the up car. On the top of a steep grade the car stopped, and the driver let it go back to pick up the cable rope. Mrs Whale got frightened at the speed, and jumped off. She. herself said she did not remember what, happened, through fright, but she had no intention of jumping off, as the thought-of a. Chinaman, being killed, by doing so was running in her mind. Her injury consisted of the end of the thumb bone being enlarged, and she had riot recovered the- normal use of the thumb, though she might do so. The jury returned a verdict for £l3O, and the judge gave costs. A stay of execution was granted, pending a motion for nonsuit.