LAW AND POLICE.

New Zealand Herald, Volume XXIV, Issue 8926, 15 December 1887, Page 3

LAW AND POLICE.

SUPREME COURT.—Criminal Sittings. Wednesday. [Before His Honor Mr. Justice Gillies.l Concealment of Birth : Indictment Quashed.—On the previous day, in the charge against Mary O'Connor of concealment of birth of her infant, Mr. -Napier, who appeared for the accused, took exception to the indictment, contending that it was bad ; and, after hearing arguments of counsel, Hia Honor took time to Consider-the question. On the Court resuming this morning, Mr. Williamson aaid he had looked into the case, and found that in all cases the disposal of the body had to be of ft secret character, and he therefore had nothing farther to add. His Honor said he had looked into the cases, and found that the secret disposal of the body was the essence ot the offence, and therefore he was of opinion that the indictment waa bad and must be quashed. Addressing the accused, His Honor said: — Mary O'Connor, the Grand Jury haying found no true bill in the charge of manslaughter preferred against yon, and the indictment against you for concealment of birth being technically bad, you are now discharged from custody. Cattle Stealing. Richard Hackett, who on the previous day had been found guilty of killing an ox with intent to steal, was brought up for sentence. His Honor said that although the jury recommended him to meroy, it was because they had not the knowledge of his previous cereer, which he possessed. ' He found that the prisoner had been five times convicted of larceny, once for forgery, and once for escape. Under those circumstances he could not give effeot to the recommendation of the jury, and the sentence of the Court would be three years' penal servitude. The other prisoners— Donald,- Brown, Simpkins, and Christmaswere charged with receiving the carcase, knowing it to be stolen, but Mr. Williamson entered a nolle prosequi, and they were discharged from custody. Manslaughter. — Samuel Clegg was arraigned on an indictment charging biro that, on the 26th of November, he did kill and slay one Arthur Dewson. Prisoner pleaded not guilty. Mr, Baume appeared for the aoensed. The ciroumstanoas and facts ef this case have already been fully published, Briefly, they are as follows : At about two o'clock on the morning of the 26 th November, Dewson was found in the streets by the police, drunk and bleeding profusely from a wound in the head. He was taken to Dr. Hooper, who dressed the wound, and recommended his removal to the hospital, but while the constable tried to procure a cab Dewson escaped, and was subsequently found by betective Hughes. He was then very excited, and it required the assistance of two - constables to convey him to the station, where be was found at about ten o'clock in the morning in a dying condition, and Dr. Erson was called in, but the mac died, and a post mortem examination showed that the skull had been fractured. The evidence went to show that Dewson and hie wife, who resided with Clegg, in Marmionstreet, had been out drinking on the night ol the 25th, returning at about one o'clock on the morning of the 26th. Dewson, who was drunk and very excited, went to bed, but wanted to go out again, although his wife tried to dissuade him from doing so, upon which he became very noisy, and went into Clegg't room, and angry words took place between them. The only light at the time was a candle in Mrs. Dewson's bedroom. Dewson returned to the kitchen, and while there, according to Mrs. Dewson's statement, he used some expression which vexed Clegg, and he followed Dewson into the kitchen ; a quarrel took place, in the course of which Mrs. Dewson received a blow, aud she alleges that she saw Clegg strike her husband repeatedly with what in the dim light appeared to be a strap. Both Drs. Hooper and Erson, who made a post mortem examination, were of opinion that the wound could not nave been caused by the buckle of the strap, but the prosecution was not in a position tc show that the prisoner had any ether weapon in his hand that night. Detective Walker, C.E., produced plan of the premiset which he had prepared. Dr. Hooper gave evidence as to the nature of the wound and the cause of death. Dr. 15. G. Leger Erson, Mrs. Dewson, the widow of the deosa«d, Patrick O'Kane, and Mrs. Elizabeth Kelly, also gave evidence. George Clive, a wituesi who had not been previously examined, a milkman, who delivered milk at Clogg's, de posed to tracing blood to Clegg's back, door from the Queen's Head Hotel, deposed tc speaking to the prisoner about it, and the prisoner replied that his d nos6 had been bleeding, and he had a job to atop it. Iu cross-examination, witness said the blood was in a liquid state when he saw it at five o'clock in the morning. Constable Addison and the other witnesses who had given evidence in the lower Court, repeated their evidence, and all were oross examined by Mr. Baume. Counsel having addressed the jury, His Honor summed up the evidence, and the jury, after ten minutes' deliberation, brought in a verdict of Guilty." Prisoner was sentenced to two years' imprisonment with hard labour. This concluded the criminal sessions of the Court. ONEHUNGA B.M. COURT. [Before Captain Jackson, R.M.. Disord krly Conduct.— Thomas Clark was charged with disturbing a public meet' ing held in the Onehunga Public Hall on the night of the 13th. He pleaded guilty, and was fined 20s and cOßts. Drunk.-John Fletcher, of Mangere, was charged with being drunk while in charge oi a horse and cart on the 6th inst. He pleaded not guilty. Mr. Buckland for the defence. Fined 20s and costs. Larceny. — Joseph Schofield aged 14, Walter Arnold 12, and George Arnold 9, were charged with stealing palings and nailt from a fence in Princes-street, Onehunga, th« property of George Koou McCrae. The Bench discharged the boys with • severe caution, stating that if they came up again they would be severely punished. Assault. —John George Plowman was charged on the information of his wife that he assaulted her on the 29th ult. Mr. Earle, vt"ho appeared for the defendant, stated that the parties had settled the matter amicably ; they were now living together. He therefore asked the Bench to withdraw the charge, which was done, the defendant paying all expenses. George McQuay was charged on the information of the police with assaulting his wife, Mary McQuay, with intent to do her grievous bodily harm, on the 2nd instant. Sir W. Wasteneys, who appeared on behalf of the defendant, pleaded not guilty. Several witnesses were examined at great length. The Bench was of opinion that the case was not strong enough to commit the prisoner for trial, and dismissed it. The polioe then laid a fresh information under the 40th section ol the Offences Against the Persons Act, which was adjourned on the application of Sir W. Wasteneys until next Court day.

PAPAROA. R.M. COURT. The Resident Magistrate's Court held on Saturday, the 10th instant, was evidently regarded as an important day, judging from the numbers, there being fully fifty men present. The Otamatea Council had decided to prosecute all those persona who kept dogs, but declined to prooure collar* for them ; the result being that nearly sixty summonses were issued. However, the majority then paid, leaving only four Europeans and seven teen* Maori cases to be heard. The gentlemen on the Bench were Messrs. Clendou, R. M., Ariell and Snelling, Justices of the Peace. The Benoh ruled that the annual registration of dogs is imperative, and that to own or keep a dog over six months old unregistered was a criminal act; and as the summonses were issued under the civil code they oould not be entertained, and were therefore dismissed, I understand that fresh summonses will be issued without loss of time. There were two claims for debt : Cliff v. Meyers, claim £3813 a 4d, for goods supplied. The correctness of this account was admitted, with the exception of £9 4a 9.1, representing goods supplied to a man named Johnson in Meyers' name. The disputed amount was divided, and judgment given for the remainder, defendant paying costs. Cullen v. Sutton, claim £10 6s, for goods. Sutton considered he had a contra account for cattle trespass to a greater amount. This not being brought in the form of a crc«s summons could not be entertained. Judgment was given for plaintiff.—LOwn Correspondent.]

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