SUPREME COURT,—Criminal Sittings.

New Zealander, Volume XVIII, Issue 1720, 3 September 1862, Page 3

SUPREME COURT,—Criminal Sittings.

MONDAY, SEPTEMBER Ist, 1802. The following gentlemen were sworn as grand jurymen : —James Baber, J. T. Boylan, Samuel Browning, David Burn, J. H, Burnside, James Bum, James Dilworth, David Graham, John Grigg, Joseph Hargreaves, William Hobson, K. B. Busk. J. S. Maefarlane, Thomas L, Mucky, Joseph May, David Nathan, Ponsonby Peacock, C. Petschlcr, John Roberton, John Simpson, Henry Taylor, Robert Waterston, 'l'. C. Williams, Alexander Kennedy, foreman. John Kerr was lined £lO for being absent. His Honor then charged the grand jury at considerable length, congratulating them on the calendar being a light one. It was gratifying to find a marked alteration with respect to military crime which had been previously rather rife. This he thought spoke very highly for the troops, when we took into consideration that nearly one third of our population were soldiers, and reflected great credit on the officers in command. The present calendar contained only one military case. [His Honor was in error, there were two.] His Honor then remarked that the mostgrevions offence at present was that of forgery; and he was rather surprised to find that tradesmen were so easily duped; men came into their shops to purchase articles, persons whom they never saw before, and they accepted their cheques. On a previous session there was a case in which a man had passed no Jess than three forged cheques in one day, and the punishment of the Court was so lenient that the whole term of punishment for the three offences did not exceed two years; he thought it now became the duty of the Court to inflict severer terms of imprisonment, in order to check it, His Honor them made a lengthened address on the concealment of birth case, in which he stated it was only the duty of the jury to see whether the prisoner was guilty of concealment of birth, for there were no marks of violence, or evidence whatever, to show that the child was killed previously to being placed in the box. He thought it a case that deserved our sympathy, and such as always awaken feelings of pity in ourselves. In October, 1801, there was similar case before the Court, and the very lenient sentence of one month’s imprisonment was passed; but long before the Court bad closed, people were busy going round getting tip a petition in behalf of the prisoner, who was liberated the very night of her conviction. He thought it desirable that some cells should be constructed tor these cases, for it was a deplorable thing to have a young woman of respectable family and connexions, shut up with women of the worst of characters; and therefore he thought that some place might he set aside, in the vicinity of the gaoler’s house, for the reception of these young women, in order that they might be under the immediate attention of the matron of the gaol. During Ids address His Honor stated that a measure was now before the Assembly, and in all probability passed, to amend the mode of forming jury lists; in the present case they were taken alphabetically, and so took (for instance if it were from the IBs) the whole family of one name from out of the house and left none at home; this was proposed to bo amended by the new measure—the names would bo taken by ballot, and so the jurors would be taken indiscriminately, which he thought a much better mode.

The grand jury then retired, and found true bills in every case except that of West, under the “ Fradulent Trustees Act.” West was accordingly discharged. The grand jury made a presentment to His Honor, stating that from facts that had come to their know ledge, the gaol regulations, more particularly with regard to the hard-labour man, required amendment. His Honor said that the matter should be referred by him to the proper authorities. Petty jury:—John Hendon, George Hendry, Hugh Henry, Alexender Hepburn, P. Herepath—(foreman,) Alfred Herbert, James Heron, George Heron, George Hcrsocroft, Henry Herst, Emanuel Hcsketh, John Houston, David Hewitt, Thomas Hicks, Thomas Alexander Hicks, James Higgins, Daniel Higgins, John Higgins, William Higgins, Henry Higgins, Charles Higgs, John Hill, Frederick Hill, George Hill, George Hill, James Hill, John Hill. Thomas Hickey and Josiah Edward Hickson were fined £5 each for being absent. LARCENY. Michael Rooney was placed at the bar charged with stealing a work box, containing a quantity of jewellery and other articles, from the house of Mr. Jones, of the Royal Engineer Department, on the 1 9th of July last. Ann Eliza McCormack, prosecutrix, being sworn, stated:—l am a servant in the family of Mr. Jones, R.E.D. Spoke to the prisoner on the Friday morning, between 6 and 7 o’clock; saw him again between 12 and 1, passing on the opposite side of the street. Next morning, on 7 rising, found my bed-room window partly lifted' and missnej r, work box belonging tn myself;

from the dressing table under the window. Saw the box the previous night on going to bed : the window was shut, but not fastened. [Prosecutrix here identified the box produced.] The sleeves now produced are my property, and were in the box at the time it was stolen, as also were the two brooches found at Penrose. Did not give these things to prisoner or to any other person. Cross-examined by prisoner:—Could not be positive as to the day of the month on which these things were lost: saw the box last the night before that on which it was taken. Can’t be positive as to total value of the articles stolen. If I found the box empty could not swear to it, but the box produced is like the one lost which contained my property. The glass at the back of the largest of my brooches was cracked: I know it to be mine by that fact. I have seen the brooches when they were in the possession of the police: they were shown to me then. I noticed at that time the Haw mentioned. It was not because I then saw it that I am able to state this peculiarity, I should have done so had they not been shown to me then: identified the various articles by their general appearance. I lost a hair net or two; I put no value upon them. Did not lose a wig. I lost a pad for the hair. I lost one purse, worth about Is. Did not lose a ring value £3O. The room from which the things were taken was a front room on the ground floor: the room is my bedroom, and is also occupied by a fellow-servant. Have no reason to suppose that fellow-servants would take these things. Have known you (the prisoner) a twelvemonth last May; have been courted by you some time since, and told you I did not intend a continuance of your advances. The table was quite close under the window: there were other articles on the table, but they were not taken. The articles could be easily taken from the outside of the window.

Cross-examined by Mr. MerrimanThe letters produced were in the box when lost: saw them last four weeks ago, lost the articles five days previously to that I never gave those things to the prisoner, or to any other person. By the Judge:—Prisoner, to her knowledge, did not know tlie box was her property. Constable Wren then deposed to having received tiie box and contents from Mr. Cunningham, of the Junction Hotel, on the 19th July last. Apprehended prisoner on this charge on the 23rd July. Cross-examined by prisoner:—l found some of the stolen property on you at the time I took you in charge. Prosecutrix did not tell me she had lost a ring worth £3O. 1 never told persons employed on the farm that I was then searching you for a ring of this value. I did not tell you that a muslin dress was among the things stolen. 1 did not tell you she was willing to condone the offence on receiving back the “property taken. You stated that so far from taking things from her, you would rather give her the value of them. You asked me to sec her, and tell her you would rather pay the worth of them than the matter should come into Court.

Sergeant John Dunn sworn, stated:—l am a sergeant in the Commissariat Transport Corps, stationed at Penrose Farm, and was there in July and August last. I know the prisoner; he was attached to that corps in July, up to the 20th or 24th of the same month. Private Osborne gave me those articles (articles here produced), also, a packet of letters, on the Ist August I took them to the Orderly Room, and there received directions to take them into town, and hand them over to the police. I left them at the Police Orderly Room. Examined by prisoner:—Osborne and he had found them under a stone in the scoria. I could not say how they got there. Commissioner Naughton sworn, stated:—l received those articles at the Orderly Room on Ist August, and gave them to Constable Wren. Andrew Cunningham sworn, stated:—l am proprietor of the Junction Hotel, on the road from Auckland to Penrose Farm. I know the prisoner. He left a box (that produced) at my house on the 19th July last: it was open, but I did not examine the contents. He asked me to take charge of it till Monday. I placed the box behind the counter; and on the Saturday when the policemen came, I handed it over to them. I gave it to Constable Wren. It was in the same condition then as when I received it: the contents were not disturbed. Prisoner said it belonged to his wife, and was too heavy for him to carry to Pokcnoe. Cross-examined by prisoner:— You did say it was your wife’s box, and not the wife of a soldier’s. No one but the policemen came about the box. I told them that a box had been left there, and gave it to them: they made no remark about where they were to take it. There were three policemen, Sergeant Syms was one. 1 told them that I did not know who it was had left it, but described you as well as I could. You had soldier’s trousers on, and a cap belonging to the Land Transport Cor; s. I knew you were a soldier. William Osborne sworn, stated:—l am a private in the Lalid Transport Corps. I recollect on Ist August last, finding those articles now produced, in company with George Thomas, a private in the same corps. We took them to (Sergeant Dunn. I know the prisoner. I found the articles under a scoria stone on Penrose Farm, about G or 700 yards from where prisoner was both working and staying. Cross-examined by prisoner:—You were working in the same corps with me, and I saw you working there. George Thomas sworn, stated :—I am a private in the Laud Transport Corps and stationed at Penrose Farm. On Ist August 1 found those articles on the farm. 1 was in company with Osborne, there was also a packet of letters under the stone. The spot where they were found was about 40 or 50 yards from the road to Otahuhu. Wc gave them to Sergeant Dunn. Prisoner was attached to the Laud Transport Corps and was serving in it in July last. Cross-examined by prisoner;—l don’t know how the things came there. Wc were both working together, and on further search wc found the brooches. Prisoner then stated that he wished to have Constable Negus examined ; and on Negus being sworn, proceeded to asked him a number of questions which the Judge overruled as being out of order. Prisoner then addressed the jury at some length explaining how the box came into his possession, and affirming that he was entirely innocent of the charge, and that the prosecutrix had given the box to another party to give to him in order to get him into difficulty.

The Chief Justice then addressed the jury and commented on the evidence given. The jury without retiring brought in a verdict of guilty. The Judge then addressed the prisoner on the folly ot his conduct, reminding him that, in a few weeks ho would have completed his term and obtained his discharge from the Kcgimcnt; that by his persistence in cross questioning the witnesses he had convicted himself more and more, and his endeavour to shame the prosecutrix, whilst giving her evidence, was most disgraceful. lie would therefore give him the most severe sentence the law permitted, and long before he had served his term of imprisonment he would repent ol his conduct towards the witness, he would sentence him to two years’ imprisonment, with hard labour. The prisoner wastheu removed. CONCEALMENT OF UIKTII. Edith llewlitt was then placed at the bar charged with concealing the birth of her child on the 20th Juno last. (Particulars of this case were given iu our issue of the 19th July.) Prisoner pleaded guilty. Mr. Whitaker appeared for the prisoner and stated that it had been thought advisable not to contend against the case; that she had written a statement of her own which she had just handed in to his Honor; he merely wished to call two witnesses, to testify as to her character.

Elizbeth Forsaith, being sworn, stated : —I am wife of Samuel S Forsaith. I know the prisoner; she was living with me at the time of the birth of the child, as also some time previously to that event. I cannot speak too highly of her character. Thomas Buddie, being sworn, stated:—lamSuperintendant of the Wesleyan mission. I have known Edith. Hcwlitt for some time past. I knew her for about two years at Onchunga and sicco then I have known her family at Mangarei whilst her father kept a school there. I have had a good opportunity of knowing her character tor she often visited ray house and stayed with the children. I always believed her to bo a modest young woman, and never heard anything prejudicial to her character. Mr. Whitaker having stated that he had no more witnesses to call. His Honor then addressed the prisoner (who appeared much affected throughout), stating that she had been guilty of a crime which it was the duty ofßic Court to check, he should therefore sentence her to three months with hard labour, and would take steps to prevent her being put where she might come in contract with any bad characters. The prisoner was then removed. FORGERY. Absalom Blanton was placed in the dock on three charges of forgery, the first being on August 12th for a cheque on the Union Bank of Australia for £l3 9s. purported to bo signed by one Every McLean and passed on Henry Lewis ; the second for thesumof £ls 3s. 9d. on the Bank of New South Wales, purported to he signed by one Henry Nicholls and passed on George Raynor; the third being for the sum of £l3 9s. on the Bank of New South Wales purported to be signed by one George Hendrick. (The full particulars of the two first cases were published in our police reports.) Mr. Merriman stated that the third charge had been found out since his conviction in the Resident Magistrates Court, but it was thought better to try the three at once.

Prisoner pleaded guilty to all three charges. His Honor stated that he would have to postpone his decision till next day, in order to allow hint tq consider the ec.S'r

Edward Brown, alias Seymour, was then brought up on the charge of having, on the 23rd June last, forged a cheque on the Union Bank of Australia for the sum of £ls, purported to be signed by one William Philcox and passed on Nathan Goldwater. (Full report of this case has also been published in June 28th.) Prisoner pleaded guilty. His Honor stated that he should also like to postpone this case till next day that he might consider his decision. The Court then adjourned till 10 o’clock next day, TUESDAY, SEPTEMBER 2nd. In opening the Court, one of the Jurymen, a Mr. Hugh Henry, was ordered to be fined £l, the Judgo taking occasion to notice the very great liniency shown by the Court to Jurymen, and regretting that such leniency should be abused. FORGERY. Absalom Blanton was brought up and pleaded guilty of the forging of 3 cheques and was sentenced to 3 years’ imprisonment with hard labor. Edward Brown, alias Seymour, for a similar offence, having pleaded guilty, was sentenced to 18 months imprisonment with hard labor. ASSAULT WITH INTENT. John Hoolahan, a soldier of the 12th, was indicted for an assault with intent upon the person of Isabella Hoyes, pleaded not guilty. Prosecutor deposed: My name is Isabella Hoyes, step-daughter to Scrgt. Culbert of Howick. Am in the service of Mr. Hargreaves of the Tamaki; recollect night of the 26th June last; was then going from Mr. Hargreave’s to my step-father’s house; had a parcel and a cloak with me, I had a cloak on. I met the prisoner just before I came to Thos. Healy’s ground at the entrance of Howick, at the corner turning down to the settlement. He said, Who arc you? and I repeated the question. It was neither light nor dark, i could distinguish his face. He attempted to kiss me—then he attempted to choke me, trying to lift me off the ground and stopping my mouth with his hands that I might not cry out. He treatened to kill me several times unless I lay down there. I succeeded in getting away from his hold and ran till I met Thomas Healy. _ I asked him to recover my cloak which had been left in the prisoner’s grasp. I then went on to my step-father’s house and told him I had been assaulted by a soldier. Saw the prisoner in charge ofConstable Lane. Cross-examined by Prisoner: Did not sit with you for a quarter of an hour on the road side; you walked with me about 16 yards before the assault took place. Thos. Healy, sworn: stated I am a settler residing near Howick; recollect the evening of 26th June last; was getting tea in my house and heard screams of a female and ran towards the place whence they came. I met the prosecutrix coming down the road. The screams, as of a person choking, continued till I got within forty yards of the place. Could have heard the footstccps of" any one had they been running away. Prosecutrix met me and said she had been assaulted by a soldier who had taken her clothes. I ran to look for the man. I heard footsteps as of a man running. I then lost the sound—came back to where I first heard the noise and found several articles lying on the road. Continued search for prisoner and found him lying under the hedge and took him into custody. Prisoner denied the charge and stated that he was hiding from four men who had given him a thrashing; he could show no marks of such thrashing, I then took him to Sergt. Culbert. I aftewards gave him over to the police. Isabella Hoyes was present and stated the charge as an assault with intent to ravish. Prisoner then acknowledged the crime, stating that he had done so to escape from the Queen’s service as a soldier. Sergt. Culbert, sworn, stated; Prosecutrix is my step-daughter. Recollect her coming to ray house on that evening. She made a complaint to me. I went out to look for her assailant. I met Healy and Carr with the prisoner. Prisoner told the same story about hiding from four men. Constable Lane deposed to having received prisoner in charge for robbing and assaulting Isabella Hoyes. Prisoner then asserted his innocence. I then took prisoner to prosecutrix and asked what charge she had against prisoner. She said that he had assauulted her (as described). The prisoner then acknowledged that he was the man and that he did it to get clear of the service.

Prisoner pleaded two days’ hard drinking as a reason for clemency being shown to him. His Honor having summed up, the Jury returned a verdict of guilty of a common assult cnly. Sentence 4 months’ imprisonment with hard labor. In sentencing this prisoner the Judge stated that in the event of the soldiery assaulting respectable young women it would become necessary for the Court to impose the full sentence of 2 years. This case brought the Criminal business to a close.