SUPREME COURT.

Lyttelton Times, Volume CXVII, Issue 18166, 5 August 1919, Page 9

SUPREME COURT.

CRIMINAL SITTING.

The criminal sittings of the Supreme Court were opened yesterday, before his Honor Mr Justice Herdman.

The Grand Jury consisted of the following'.—Messrs H. J. Otley (foreman), Arthur Clement Reid. Joseph Bertram Neil, Henry John Shand, Randal Leonard Hicks. Keith Morton Ollivier, John Walker Gibb. Arthur P. Hopkins, Harry Pointon Bridge, Cecil Claude Ollivier, John Reynolds, Weslev Helliwell, Ainsloy B. Chester, Ronald Macdonald, William Bower, Leonard Roy Lovell Smith, Arthur Charles Andrews, Lionel Ringwood Cordery, William Samuel Newburgh, Arthur Stanley Ourney, Charles Leonard Hart, William W. Charters, Joseph Garrard. Addressing the Grand Jury, his Honor said that their task would bo ligbt. There were five charges against eight different individuals. None of the offences with which the persons were charged were very grave, and hp did not think they would luive npv difficulty in coming to a quick decision ns to what to do with the bills. TRUE "BILLS. True bills were founcl in the following cases: — James William Ihitnulcton, alleged in-

decent assault; Ethel Erfher Cousins and Percy Pnseoe, alleged theft and receiving; William Henry Forsyth, alloged theft: Charles John Flutey, Percy Harold Flutey and Charles James Flutey, alleged robber? with violence; Jack Condon, alleged indecent assault. A MISSING OVERCOAT. Mr F. D. Sargent appeared for William Henry Forsyth, who pleaded not guilty to charges oi stealing, or in the alternative, receiving at New Brighton an ovorcoat valued at £lO 10s, the property of Hubert Seaton Stuart Kyle. Mr A T- Donnelly, who appeared in placo of Mr S. G. Raymond, K.C-, Crown Prosecutor, said that Mr Kyle was a veterinary surgeon. Ho went to the Now Brighton races on May 3, and

hung up his overcoat in the stewards' room. Some days later accused was Been in the Provincial Hotel wearing what looked like Kyle's coat. An over-1 coat which was left in the billiard-room after accused left it was taken to Kyle, whose wife identified it. Accused reported tho loss of a coat. Mr Kylo ' subsequently gave the coat into the charge of the police, but when it was shown to accused ho said it was not the one which he had lost in tho hotel. George lies, in giving evidence, said ho could not swear that the coat which ho found in his billiard-room, and which Mrs Kyle identified, was the ono which accused had been just previously wearing. It waß possible that someone wearing' Kyle's overcoat had_ come in and subsequently left it hanging in tho bil-liard-room and taken accused's coat away in lieu of it. Walter Lewis Laundy, a barman at the Provincial Hotel, said that accused told him of tho loss of what he said was his overcoat, and that he had paid £8 for it. James Bickerdyke, a plain-clothes constable, said that when he interviewed accused tho latter Raid that he bought the coat for £B. at Ballantyne's. He added that ho did not think there was a name on the tab Immediately afterwards be said that bo bought the coat for-30s in the Queen's Hotel. Addressing the jury, Mr Sargent said that there was extreme weakness in the case for tho Crown on the point that accused had been weaving Kyle's coat. Was it consist n nt that a man v. ho had stolon someone else's coat would report its loss to tho police, as accused had done? Accused's somewhat

contradictory statements to Constable Bickordvke were ocensionnd by nervousDpaa nr>d his state of health. His Honor summed up. and after a retirement of twenty-five minutes, the jurv returned a verdiot of " Not guilty." ALLEGED THEFT. Ethel Esther Consins and Percy Pascoo appeared on charges that on June 5, at Christchurch, they stole a lady's handbag valued <it £l, £4O 15s in money, a cheque for £l2 and a bag of biscuits valued nt Is, the property of Mary Burton. Tliey were, further charged with receiving the money, hrtndbag, cheque and biscuits. Both of the accused pleaded not guilty. Mr Cuningham appeared for Cousins and Mr Johnston for Pascoo-

Mr Donnelly, in outlining tho case for the Crown, said that Mrs Burton had come to town on June 5 and hired a taxi-cab driven by a man named Bates. On arrival at her destination alio found that her basket, containing the things mentioned in tho indictment, was missing. The femalo accused had subsequently ridden in the taxi-oab, and Bates had seen her with a bundle of notes corresponding in description to the notes lost by Mrs Burton. Pnsdoe had subsequently got into the taxi, and they had been driven to a house in Richmond Terrace. When a detective and a constable went to the house in Richmond Terrace the accused made contradictory statements in regard to the matter. In the house a bag, apparently a portion of the stolen property, was found. Evidence for the Crown was given by Mary Burton, David Bates, Detective O'Connor and Constable Swan. No evidence was called for the accused.

Counsel addressed the jury and his Honor summed up. The jury, after an absence of about fifty minutes, found the accused guilty on all three counts. Mr Cunningham said that both the accused could not bo found guilty of theft and receiving, the charges being of an alternative nature. Mr Johnston contended that the verdict showed that the jury had not properly considered the case. His Honor directed the jury to nsain retire. They did so, and came back with a verdict that the accused were guilty of tho charge of theft laid neaihst them, but not guilty on the other counts. Sentence was deferred.