SUPREME COURT.

Lyttelton Times, Volume CXVII, Issue 17934, 30 October 1918, Page 5

SUPREME COURT.

CRIMINAL SESSIONS. A criminal session of the Supreme Court was hold yesterday before Mr Justice Herdman. Mr Walter Hill was chosen foreman of th© grand jury. His Honor, in his atldress to th« grand jury, said that they would bo glad to know that their duties would be exceedingly light. The charge in tire one case before them was one of burglary—entering a dwellinghouso and stealing the sum of £SO and other articles therefrom. The grand jury returned a true bill in the case and were discharged, after being thanked by the Judge. PRISONER."FOR SENTENCE, Frederick Half, who had pleaded guilty in the Magistrate's Court to theft, was brought up for sentence. Mr Cassidy appeared for the prisoner. Halo was a young man of twenty-three and was a native of Christchurch. Prisoner was at school till fourteen, aud then went into the sheet metal trade, but this he had to discontinue on account of the effect upon his health. He later was employed at Ballantyno's. During the last few months he had developed an inexplicable mania for taking articles away to his room. When Ire was detected, prisoner .said ha was glad bo had been caught. All the articles had been recovered, just as good as when taken away. Prisoner had volunteered for active service, but had been turned down on account of weak lungs. Mr Cassidy Asked that his Honor would extend probation to the prisoner. His Honor said the case presented a number of difficulties, and it was hard to know what to do. The property stolen was valued at £155. and there was no excuse of any kind. Prisoner was a young man, and the probation officer's report wais in his favour. The police informed him also that accused's character was fairly good, and hb had given no trouble. His Honor proposal to give him another chance, and he would bo admitted to probation for twelvo months. A part of the conditions would be that prisoner should pay the costs of the Crown He would warn him that, .although admitted to probation, lie would still be under the eyes of the police. Hit> future rested in his own hands. He would atlvise him to comport himself as an honest and respectable member of the community.

BREAKING AND ENTERING AND THEFT.

George Siavich, alias George Slavich Miln, was charged with breaking and entering and theft at Christchurch on June 23. The dwelling was that of Henry Frederick Herbert, at 132, Tancred Street, Linwood. Accused pleaded not guilty.

Air James Murray was chosen forman of the jury. Mr S. G. Raymond, K.C., conducted the case for the Crown, and accused was unrepresented by counsel Mr Raymond said the case was short and simple. On the night of Jnne 23, when Mr Herbert had retired to bed, lie.had £SO in his fcrouser pockets. In the morning the money was missing. Mrs Cossins, the wife of a soldier who was staying at the house, also missed a small sum of money and two small articles. It would bs shown that imo accused, who was staying at the Terminus Hotel on June 23. was let in by the porter between midnight and one o'clock. When interviewed on July 8 by a detective there was found in accused's possession £33 in notes, one of which was recognised by Mr Herbert, also the articles belonging to Mrs Cossins, including a nail-clipper and a stud. If a man was found in possession of stolen articles it was incumbent upon him to show how ho got them. Henry Frederick Herbert said that on the'night of Juno 23 he went to bed fit a quarter past eleven. In the ':ip pocket of his trousers he had £4O in notes, about 23s in silver and 2id in copper. He arose at half-past six, and then the bedroom door, which was closed at bedtime, was open. The backdoor was also open. His trousers were on the foot of the bed near the door, and the money had been taken from them. He remembered one <if the notes by a brown mark at the top and side. Rubina Lucy Cossins said that on tho night of June 23 last she was living at Mr and Mrs Herbert's. On going to l>cd she left her handbag on sjtand. ft contained about 4s 6d in silver and a few coppers, also a pair of nail clippers and a silver stud. Sho missed these things next day. .She had no doubt the articles produced (Tore hers.

After evidence had been given by ':!;<> -porter at the Terminus Hotel as to admitting accused on the evening of Tune 23, Detective Cameron, stationed it Dnnediiv, gave evidence as to going :o accused's room at the Leviathan rlotel, Dunedin. Accused had £33 in his possession, and Rome silver and tlie •otiier article*. When witness saw accused later, and showed him the uail-elippers and the stud, accused node statements about having found :he articles about six months before at Balcluthn and Moh'netix.

Accused did not go into the box to live evidence, but handed in a written statement. In this he stated the disutilities he laboured under, as he did )ot understand English very well and was unable to follow it when spoken quickly. The £33 he had in his possession when searched by Detective Cameron was tho remainder of a sum of £95 he had when he left his work. He had been employed at tho Kai-ti-ngata and Taratu coalmines, where he had earned £3OO. He had been nway on a holiday when ho arrived in Christchurch on Saturday, June 22/ He went to the Terminus Hotel and paid his board in advance there. He went to Fuller's that night and returned about half-past ten. The porter who let him in was a' cleanshaven man, of dark complexion. The man who •wore he let him in on the night of the, burglary told "lies." On the Sunfiftv June 23, he did not leave tne hotel After tea time. Next morning, at the railway station, he changed a £o note for his fare, and that was where he tvofc the burnt-edged note. No person would believe that a thief would take incriminating articles about with him. He had won the nail-clippers at Clutha, "throwing hoops." His Honor summed up, and after a short retirement the jury returned with ~ verdict of "Guilty." ■ His Honor said tha,t this was not the firs+ occasion that accused had been before the Court, having been convicted 0 f a similar class of crime in Wellington He had alreadv been declared an habitual criminal. Under the code he n'iis liable to imprisonment for life, but be did not propose so severe a. penalty. Prisoner would be sentenced to five, years' imprisonment on the charge of burglary. This concluded the session.