SUPREME COURT.

Marlborough Daily Times, Volume X, Issue 314, 24 August 1888, Page 2

SUPREME COURT.

URIAH NAL SITTINGS

Before His Honor Judge Richmond

Thursday, Aug 23

SENTENCES,

William Middleton, who pleaded

“Guilty” tho previous day to a charge of larceny of certain articles from a hut at Hilleraden station, was brought up for sentence.

His Honor, addressing tlie prisoner, said : .1 am sorry to see a man like you in tlie prisoner’s dock awaiting your sentence. Your offence was a considerable one ; but apart from that it was a very mean thing for one laboring man to take advantage of another Inhering man s absence, and rob his hut. \ou stand convicted of the olfcuce on your own confession. I will take into consideration the fact that there has been nothing recorded against you in the past, but still I must pass a substantial sentence upon you The sentence of tho Court is that you be kept at hard labor in tho Terrace Gaol, Wellington. for the term of one year. Remove the prisoner. Prisoner was accordingly removed.

Air Sinclair made an application for tho restoration of the stolen property to its rightful owner.

His Honor said ho would hs glad to make the order as applied for. It had been proved that tho property found on the prisoner belonged to the prosecutor, Bateman, and also that the prisoner had changed the five pound notes into ono pound notes. Ilcucc his reason for making the order. Ellii, alius Charles Jackson, who had been found “ Guilty ” the previous eVening on a charge of obtaining money under false pretences, was brought up for sentence.

I-lis Honor said ho would accept tho certificate of good behaviour put iu by the prisoner as genuine. Air Sinclair said ho was agreeable, He had nothing to say to tho contrary. His Honor, addressing tho prisoner, said : Prisoner Ellis, alias Jackson, I took time last night in considering your case, and I read Hi rough tho various papers connected with tho case. After doing so, I came to tho conclusion that I would ho justified in passing a very light sentence on you. I will take in consideration, firstly, the fact that tho jury, iu bringing in their verdict, rccominondo you to mercy ; and secondly, the certificate of good behaviour you received from Air (Jhantrey Harris, who acts for the proprietors of tho New Zealand Times and Mail. Air Harris gives you a very good character for the fifteen months you were employed in the office, and expresses surprise at hearing that you have got yourself into such trouble. You also produce a letter from Air Gilbert Blaoke, of Wellington, empowering you to collect debts owing to him in this district. That gives a color to some of your statements. The case excited a great deal of public indignation in this district—and not unnaturally so. But still, the case appeared much more serious than tho evidence given before the jury yesterday showed it to be. The prisoner succeeded in showing several things that made tho case not quite so had as it was thought to be. For instances you wore in reality collecting for a German who was injured in the same manner as you described to various persons. And then, it has not been proved that you were aware how unworthy this German was of public charity. As to your misstatements about the accident having taken place in the district, I may put them down to the reason that you made them to facilitate you in collecting tho money. I certainly think the jury’s verdict was justified, as far as the second count is concerned. Tho evidence against you is slender, but the jury have returned a verdict, which I think they were quite justified in doing, as far as the second count is concerned. You must remember that you made representations to various people that tho accident happened in this district, and that induced them to subscribe. I refer to several of the witnesses in the ease. The evidence of some of the witnesses in this respect is pretty strong against you. I have addressed you. prisoner, at some length, in order to show you all the extenuating circumstances in the case as a reason for my passing a light sentence upon you. The sentence is that you be kept at hard labor in the Terrace Gaol, Wellington, for one calendar month. Remove the prisoner. Prisoner was acoodinglv romoved.

Air Sinclair asked IJis Honor to make an order to have tho pol.oe return the money found in the prisoner’s possession to its rightful owners (as f u - as was practicable) His Honor said the request was a very proper one, but he was not -jnito sure that it could bo granted according to the sections of the Larceny Act. After a pause,

A 1 r Sinclair said he would not press the

Tw.il.tc-i ift fact, he would withdraw his requc.-t. Hu had just learnt that the counsel who hu 1 defended prisoner in the lower Court held an order on it Lo tiro amount of Lo. AES i.V. John Long', alius Alexander 8. Smith, alias Henry Long, alias Longman, was then arraigned on a ch.vgro of haring, on the I'jth July, wilfully .set lire to a cottage, with intent to injure one William Compton. Prisoner pleaded " Not Guilty " to the charge. Hr W, Sinclair (Crown Prosecutor; conducted the case for the Clown. Prj-

soner was not represented by counsel He conducted his own caso

The following was the jury R. W. Bowser, W. G'hing, K. Foster, W. K. Simmondß, W. Jennings, F. Mullen. R. Robertson, J. Simson, J. Higgins, G*. Patched, J. Healy, junr., arid P. P. Ransom. Air Ransom was chosen foreman.

Air Sinclair said ha understood the prisoner wished to take notes, and he asked that ho might be supplied with writing material and sitting accomrnod i tion.

His Honor replied that every facili should be given to the prisoner in conducting his defence. Ho could he supplied with the requisite materials in the dock, but he could not be allowed to leave the dock. The Crown Prosecutor then stated tin* facts of the caso for the information of the jury. He characterised tho ease a* a somewhat peculiar one. He was glad to say that the prisoner was not a resident of this district, He only came hero on 30th June, 1888, and was living at Masterton, in the North Island, since the loth February, 18S7, previous to tho fire. The prisoner was a carpenter by trade, but when he came here, ho stated that he intended starting poultry-farming. He saw Air Compton, and rented a cottage from him. Prisoner’s real name wis Alexander Smith, but for reasons best known to himself ho had changed it to John Long and Henry Long. Prisoner: Your Honor, allow mo to state that I was in Masterton for four years. Air Sinclair said he was only prepared to provo that prisoner was in Masterton from February, 1887, to June, ISBS. Constable Cooper, of Alastcrton, would prove that. Ho (Constable Cooper) would also show that the prisoner

suspiciously connected with several other fires.

His Honor interrupted Air Sinclair, and remarked ho did not think ho should go quite so far.

Air Sinclair said lie had a motive in so doing. Lt was this. When witness filled in tho proposal for having his furriituro insured, among the first questions to be answered was “ Whether he had been connected with any other fires which had destroyed his premises or chattels,” Prisoner had answered this question in the negative, and Air Sinclair held that he had answered it falsely.

Prisoner : I object to these remarks. His Honor pointed out that the Crown Prosecutor was expected to prove all his statements afterwards.

Air Sinclair continued, remarking that prisoner had told several parsons that he had coino from Australia, and that his parents and sisters were coming over to live with him. 110 also said he came here to purchaso articles and furnish a house for a man named Long. All these statements ho (Crown Prosecutor) would prove to be false. At this stage, on the application of the prisoner, all witnesses iu the caso wero ordered out of Court.

Air Sinclair conlinurd : Prisoner purchased articles here to the value of say L2O, and yet lie had managed to effect an insurance on these for L4O. Counsel suggested this fact as one of tlie reasons for the fire. Prisoner was very consistent on tho matter of tho insurance. Whan tho agent went to his house, he (tho agent) only wanted to risk L3O on tho furniture, but owing to prisoner’s representations and persuasions, he insured it for LlO. There was a very suspicious element in connection with tho ease, in as much as the prisoner purchased 20 or 30lb of tow from Vert oo’* flax-mill about a week before the fire. He said that bo wanted tho tow fo pack some articles which he was sending to Syduey. He also wout to tho mill tho night previous to the fire. It would bo for the jury to judge why ho went there. Counsel suggested that he went there to get some more tow, but he was not in a position to prove that such was tho case. Mr Sinclair’s theory in regard to tho green flax which Airs Sliophord saw in prisoner’s pocket the night before the fire, was that he intended using it for tho purpose of tying himself up. Tie know that Airs Shepherd had noticed tlie flax, and thus he had not inado use of it for tying himself up with. Air Sinclair characterised tho present caso as one similar to that which occurred n

Wellington a few months ago—tho Rcubin Hind caso. Prisoner said that lie stayed at tho Empire llotc-1 tho night previous to the fin, because he was afraid of robbers. Tho other tiro occurrod opposite that Hotel. Was it possible that prisoner had anything to do with it? When the fire was burning in tho house tlie gate was locked —another suspicious circumstance. When Norgrovo and Litchfield got to the house, they found prisoner lying in tho back yard, gagged and bound. But both of theso gentlemen would tell tho jury that they would have no difficulty whatever in tying themselves in tho same manner as prisoner was tied. But, «aid Mr Sinclair, this was the damning fact His Honor interrupted Air Sinclair saying that it was not for him to draw conclusions for the j jury. Tho jury would draw their own conclusions.

Air Sinclair : Vory well, your Honor. I was going to point out that the night on which tho fire occurred was a frosty one, and that if prisoner had struggled to got himself free (as ho said he did), his clothes would havo been more or loss covered with dirt. Air Litchfield said tho night was dark, and yet tho prisoner was ablo to give a description of the man whom ho said had robbed him. Prisoner : The Crown Prosecutor is making ridiculous and absurd statements. He is not drawing the right theories at all.

His Honor : Very well, you will havo an opportunity of saying that afterwards. I hope you will be able to provo that all the statements are absurd ones. Air Sinclair continued : After the fire occurred the prisoner’s watch was found hidden in an outhouse, and boxes containing carpets, See ., were found in tho Wesleyan Church grounds. Airs Shopboard heard no noise on the night when prisoner said ho was robbed. Prisoner said that all the furniture and carpets were distributed about the house at the time of tho fire, and yet tho greater pa of them were found in the Wesleyan Church ground. That was all Air Sinclair had to say in reference to the fire itself, but he referred to a note sent to Air T. Smale the morning after the fire. The note said “ If the police call to ask you what things I bought from you, say that you don’t know.” Would, asked Counsel, that note have been sent by an honest and straightforward man ? The evidence of William Compton was then taken. It was tho same as that given in the lower Court. To the prisoner : You told me that you were getting the cottage ready for your father and mother. I met you in Albert street the night previous to the fire. You told mo that you had just received a letterjfroru your father, —and that he was on his way out Told me that you were going up ro Vereoc’s Alill to see the scut-

cher at work Also told me that two m*?* had called the previous evening ami asked fur lodging, but. that you had refused them because they were the worse for drink. You did nut tell me that you went to the Empire Hotel to sleep that evening, because you were afraid of the men* Prisoner: Very strange. It seems that you have only remembered what was convenient to you. His Honor ‘remarked to the prisoner that what he said would not be taken as

evidence in his favor, but that it might bo taken as evidence against him. Prisoner said that he only passed the remark because he want -d to show that tli" statements lie-had male in connection with the matter were correct.

His Honor : Very well, I was men ly making an observation to you. Sidney Xorgrovi also gave c-\(donee. To the pris mer I will not swear to ♦be exact wav in which you were tied.

Prisoner : Then how did you manage to tie yourself in the same way? Witness: I said in a “similar” manner. To the prisoner : I had to bond down very close to cut you loos?. I remarked that I might cut your hands, but you said “ never irind niy hands, cut me loose.” Prisoner : May I seo these ties ? 1 [is Honor : Certainly. Prisoner (looking at tho tics) : It seems very strange lint you could not tell which of these ties I was tied with. His Honor: You must keep your comments on the evidence until afterwards. You must only cross-examine the witness now. Prisoner : Thank yon, Your Honor. To the prisoner : Two or three minutes elapsed between my two observations from tho window. I did not take out my watch and time it —(Laughter.) Walter Litchfield next gave evidence.

To the prisoner : Both Norgrovc and I cut tho bandages with which you were tied. Norgrovo must have cut tho tie which was round your face. I did not do it. I will not swear to tho exact way your hands were tied, but I will swear to the way it appeared to me. It was rather dark at the time, I have given as accurate an opinion of the way as I can. Prisoner : But you will not swear to it ? you are not sure of it? Witness: But wo aro not sure of anything in this world (great laughter). Prisoner (solemnly) : But on a solemn occasion like this you ought to he sure about your statements. Witness here, in order to show the

jurors, tied himself up in the same manner ho thought accused was. He explained the tie, and also the way in which they cut him loose. A juryman : You say tho prisoner lying on his right sid» ?

Witness : Yes. .Juryman : But Mr Norgrove says ho was lying on his left side. Witness : Oh, no ; he was on his right side.

Juryman : But ho could not he on both sides at once. (Laughter). Ilis Honor pointed out that Mr Norgrove had not said positively that prisoner was lying on his left side. It was counsel that made the suggestion. However, tho matter was not of much importance. Mary Shepheard gave evidence similar to that given by her in the lower Court. To prisoner : The children told me that they had seen a strange man with Mr Long on tho Tuesday before the fire. I told the Sergeant that ho should enquire into it. His Honor : I seo. You heard about the strange man, and you sot the Sergeant on to him. (Laughter). Witness : I did not see him myself: it was my little girl that saw him. I told the Sergeant lie should see to him because lie might have been one of the robbers. (Laughter). (To prisoner) : You told me that you had been at Vorcoe’s flax mill when I asked you wkero you had got the flax which I saw

in your pocket. Scrgt Scan lan and William Shepheard also gave evidence. The latter was t cross-examined by prisoner. T. Simile likewise gave evidence. To prisoner : Whan you spoke about the carpet you said you had not the money to pay for it at ouco, and I offered to trust you for it. I recognise tho articles in the cases (produced) as the oues which prisoner purchased from me. William Compton (recalled) stated that the cases produced wore his property They were in the cottage in Dillon-street. George Howard then gave evidence. To prisoner : When you paid me you had '.)b or 10 sovereigns in your hands. ‘Whether they were counterfeits or not I cannot say. Prisoner : Oh no, Mr Howard ; they were not counterfeits. His Honor (to witness) : Wore the ones he gave you genuine ? Witness: I suppose so ; they did not refuse them at the bank. His Honor: Oh, well, if they passed muster at the bank they must have been genuine. (Laughter). Prisoner : I am not well up in the art of coining. Tho sovereigns were genuine (Laughter). John Vercoe was the next witness called. To prisoner : I showed you the machinery when you wore over there. You promised to come over soino night and sec the scutcher at work. I was not there when you called again. Mj r brother told mo that you had been there, an 1 that you had picked up some small pieces of tow. He never told mo that you had purchased any tow. Prisoner : I was picking up the pieces of fltx which I had in my pocket, Your Honor. John Allen, expressman, was also called as a witness. To prisoner : You told mo that you might have another job for me —to cart some more boxes from the station. William Tatley, caretaker of the

Wesleyan Church, Blenhum, next gvc evidence as to finding the eases in the Wesleyan Church grounds. Constable Stewart gave evidence as to finding a pair of trousers on the fence round the house.

Mr Sinclair: It's a case of “ hanging the banners on tlio outward walls.” ( Laughter). To prisoner : I don’t think I found a key in your pocket the second time I searched. Saw the cases in the yard. They were not hidden at all; they were about a yard insido the fence. There was nothing to prevent anyone passing seeing them.

Constable Sheary next gave evidence. To prisoner : Tho watches which I found were securely hid from riew in a erovico in the wall of the outhouse. Mounted Constable Dew was the next witness.

John Tatcher gave evidence as to seeing prisoner take some money out of ids boots while he was in the lock-up. Prisoner: Did >/on have any money on you that morning

Witness: I had sixpence. [Laughter) His Honor : .Just enough for one more (Great laughter).

Arthur i’armar deposed that when lie went to see prisoner about the insurance, ho (prisonei) had a Young Lady’s .Journal in iiis hand. Mr Sinclair: I. suppose th it fact imbued you with confidence, Mr Furruarf f Laughter). Witness subsided. lo prisoner: lou demurred when I offered you L-'iO. Prisoner : What do you moan by demurring ? Live me a Specimen of demurring. {Laughter;. Witnc-.e : I remember "on rlwu' i-Vt. but I do not recollect, what you said. Prisoner: No, you re-solkct. that’s more like it Id’s Mono* did n ,t Tier ”v ,n or oi much importance. Prisoner: Do you remember :1 there were any cases in the house. Witness : No, I do not. Prisoner : Oh no : but you take very good care to recollect what never took ! place, Constable Cooper, of Masterton, save i

e\ Idenco as to prisoner’s actions in that place. A lialf-crectcd house belonging to prisoner had been burned down, and ha said that he had lost L2‘s in tho fire.

His Honor objeitol to Mr Sinclair going any further. One arson case was enousrh at. a tium. (Laughter). By tho English law, a man may have be:n convicted a dozen times of the same offence, but it was not for tho jury’s decision to bo based on that fact.

Prisoner: Now that cou tsel for tho prosecution has entered upon tho other building, may I ask a few questions concerning P ? His Honor : Certainly ‘Witness (to prisoner): Tne architect’s certificate made out the building to bo worth L 325. It was insured for L2OO To Mr Sinclair : Tho L 320 was to be the value of tho building when it was completed. It’s Taluo as it stood at tho time of the tire was about L2BO

Arthur Farmar, recalled (to prisoner) : You never said anything to mo about having a house burned down during your absence. I never remarked “ It’s a bad thing to have happen to anyone.” Prisoner : But you did say that. You are perjuring yourself; your statement is false

Prisoner said he wished t» explain tho matter in connection with that fire. ITe said ho was staying at a Mrs Dickson’s at Masterton, and while he was away one Sunday night the house was burned to the ground, and he lost LSO worth of effects

His Hcnor thought so many fires wero rather confusing. (Laughter) This closed tho caso for tho prosorution (3.40).

Prisoner called Thomas Coward as a witness, but lie gavo unimportant evidence.

Mr Sinclair waived his right of reply. Prisoner then addressed the jury in his defence. Ho gave an account of the reasons which led up to his coming to Blenheim. When he was in Masterton ho received a letter from a friend in Australia whom he had not seen for over five years, He asked him to come down to Wellington and build a house for him. Prisoner agreed to this, and went to Wellington accordingly. He then gave the jury an account of his “doings” in Wellington, and said that after having a consultation with his friend, tho latter said he was not going to have a house built in Wellington, hut he had chosen Blenheim instead. 110 (the friend) had been over there for four or five weeks, and had made all necessary arrangements. The ticket was taken out in his frieud’a name, which was “ Long,” and that was why prisoner had gone under that name here. He and his friend arrived hero and started making arrangements for liouso hooping, which arrangements the prisoner minutely explained to tho jury. Prisoner denied that he had ever gone under tho name of “John Long,” The only namo he had gone under was “Henry Long.” The police had mado the mistake, and had told him to sign tho name of “John Long.” Everything, said prisoner, went on well until tho Tuesday night previous to the tiro, when two men, one of whom was the worse for drink, called at tho house, and asked for lodging. Prisoner thought the man was tho Mr Long, the person whom ho had been furnishing the house for. He could not got the thought out of his head, so ho determined to go and sleep in an hotel that night. Hence lie went to the Empire Hotel. It was for the man Long that prisoner had got tho tow from Verooc’s mill. l.ong took it away, and prisoner saw nothing more of it. Tho prisoner went up to Vercoe’s mill tho next evening (Wednesday), as he had promised on a previous occasion to go np soino night and have a look at Ihe scutcher at work He met Mr Compton on tho way up, and told him about the men calling at the house. He asked Mr Compton whether any persons had disturbed him when lie used to livo in the house, but Mr Compton replied in tho negative. Prisoner then gave an account of the robbery, which lias already been published in our columns. There were two men, and one of them had a revolver. 110 wanted to shoot him, but tho other man interfered. Prisoner then recounted tho way in which he managed to wriggle out of Iho burning house, and ho lay in tho back-yard until two men came and cut him looso. Prisoner concluded thus: “What swindle has brought me hero I dont know, no one was more surprised than I was to see some of tho articles, which I thought to have been burnt in tho fire, produced hero in court. What man, I would ask, in liis right senses would have hid the goods in such an exposed place as the Wesleyan Church yard ? I have told you all, gentlemen of tho jury, that I know about the affair, and if I get ten years imprisonment I could not tell you anything more.” Prisoner finished his statement at 1.20* when His Honor summed up in the case. Ho finished at 0.10, when the jury retired, and at (j.o returned wilh a verdict of

“ Guilty” adding that “ they wished to mark their strong disapprobation with tho Victoria Insurance Company, for tho careless manner in which tho policy of LlO was allowed to bo taken out —that amount being far in excessof the value of the effects in the house.”

When the jury brought in their verdict, the court was densely packed below,while the ladies gallery was packed. The Registrar : Have you anything to say, prisoner, why the sentence of the court should not ho passed upon you ? Prisoner : No, Your Honor, I have nothing more to say.

His Honor, addressing the prisoner, said : I think it is better for you to bu silent. The evidence against yon is quite convincing and overwhelming—especially to a person who is accustomed to frequently hear evidence in these cases I do not see how you could have for a rnoinei.t supposed that such preposterous pretences as you have set forth would . have been believed. You have shown ** yourself to ha a very foolish man, and have brought yourself to answer a grent crime. i feel, in order to protect public life and property, that I should pass a heavy sentence upon you, hut I will not give you as heavy a one as I have done in some cases of arson. You did not by your act, endanger the whole city, as has been done in other cases of arson. The sentence of the Court is that you be kept in penal servitude for tho term of seven years. Remove the prisoner. Tiie Court then rose.