SUPREME COURT.

Lyttelton Times, Volume CV, Issue 12424, 13 February 1901, Page 3

SUPREME COURT.

CRIMINAL SESSIONS. Tuesday, Feb. 12. (Before his Honor -Mr Justice Edwards.) ALLEGED ASSAULT. ■ On the Court sitting at 10.30 a.m., counsel for the defence.- addressed the jury in the case m which James Middleton. was charged • with having assaulted William Fewer 'at Springfield. '.Hie accused was sworn, and gave Ms version' of the case. It arose out of a. dispute between two farmers. There seems to have been a little ill-feeling on' a previous occasion, and when Power passed a.long the road with some sheep, in front of Middleton's place, the ■ latter remonstrated, and said that Power was an " old rascal,." because he had 1 objected to people following the same course that he himself had adopted. Middleton went out to speak to Power, who was in a trap, and after a few words had been exchanged the alleged assault took place. Counsel addressed tie Court, and his Honor summed up. He said that there was some slight evidence which the .jury might think corroborated the evidence of" Power. There was'.iio doubt that tie injuries received by. Power were of a serious nature. After a few minutes consultation the jury, returned a verdict of " Not guilty," and the accused was discharged. ALLEGED BREAKING"' AND ENTKRINO.. Donald MTtae, a, man about twenty years of age, was charged with breaking into and entering a , dwelling-house owned by James M'George, baker, of Lyttelton, on Bee. 17. He pleaded not guilty, and was defended' by Mr Beswick. : Mr J. H. Pratt was foreman of tie jury. Mr Stringer, prosfouted.-n.nd said iliat the; evidence 'He had, which was in the form,of depositions, was of a somewhat unsatisfactory character, but he would call witnesses, and it would be for the jury to decide in tho matter. The accused had stated that he might have been in M'George's house on Dec. 17, but the had no knowledge of the occurrence, and must have been drinking. James M'Geoirge gave evidence to the effect that lie had left his house in the morning of Dec. 17, and, on returning in the evening, he found that the front door had been forced open, that a drawer had been ransacked, and that some milk, which had been left outside, had been taken. The accused, with two other men, lived next door to 'witness. Norgate, one of the men who lived with the accused, stated that when he went out on the mioriung- of Dec. 17, there was neither milk nor sugar in the house, but when he returned there were both. The accused had said, " Well, if I did do it, I must have been pretty full at the time." In summing up, his Honor said that if a man went into another person's house and ransacked things, the inference, as a matter of common sense and of law, was that the intention was to commit a crime. The accused had made a 'statement, but it was very unsatisfactory to convict a. person on an admission, such as that made by the accused, without any other evidence. It was very easy for a witness to misplace a word in' a sentence of a person accused and give a wrong meaning to* his remarks. The jury retired .for five minutes, and then brought in a verdict of "Not guilty." ALLEGED DAMAGE TO FBOrERTY. William John Kinley, Thomas Clark and George Hayden were charged with having, at Lyttelton on Jan. 1, damaged a Ferris wheel, the property of John Stewart. . - .Mr Beswick appeared for the accused, ,who pleased. not guilty, and Mr Stringer, prosecuted. Mr W. J. Woodford was'--chosen ioreman of .'the jury. . -Mr Stringer stated.that Kinley and Hayden had been, more-.active in committing the .alleged damage than Clark. The jury, if it thought the evidence sufficient,- could bring in a verdict of guilty against all three -accused, or against two or only one of them. The accused gave evidence on their own •behalf, and the case was not concluded when the Court rose. . [Per Press Association.] NAPIER, Feb. 12. At the Supreme Court Sarah Atkins was found guilty of perjury. She signed a bailment for furniture, and afterwards denied the signature. His Honor refused an application for probation, and she was sentenced to six months' imprisonment. In the case of Hone Poti, the Maori Tohunga, charged with obtaining money Iby fake pretences the evidence showed how strong is the faith of the Maoris in witchcraft. Poti obtained considerable sums of money by exorcising supposed evil spirits by various charms, including slugs, worms and other insects. One aged warrior, a recipient of the old age pension, said he was very ill, and Poti told him he was suffering from "pension" and must give it to him to get well. The case was not concluded. DUNEDIN, Feb. 12, At the Supreme Court to-day, Herman Booth, a youth aged nineteen, who pleaded guilty in the lower court on Jan. 22, of theft from a dwelling, was admitted to probation by Mr Justice Williams, for twelve months, conditional on his paying £6 2s by weekly instalments of half-a-crown.