LAW AND POLICE.

New Zealand Herald, Volume XXXII, Issue 9927, 17 September 1895, Page 3

LAW AND POLICE.

SUPREME COURT.— Sittings. Monday. [Befero' llls Honor Mr Justice Conolly.] . ; PECULIAR charge OP FORGERY. - S :t The whole of the evidence in the charges against Jade : Beaver and her son Thomas John Bearer, accused of forging the signature of John Beaver, husband of the female and father of the male prisoner, to a deed of transfer and a bill of sale, was concluded on Saturday evening after three days' sitting. Mr. Cooper now commenced to address the jury for the defence on the whole facts of the case, and the inferences which he submitted must fully justify them without hesitation in returning a verdict of acquittal. The matters for their consideration were : First, had the Crown established h case ;* if not, then the accused ware entitled to a verdict. Second, was there a case to answer? and third, was that answer sufficient to establish a doubt as to the guilt of the acoused ? ?If so, then the accused were entitled to be acquitted. Mr. Cooper finished at ten minutes to twelve o'clock, and Mr. Tole then replied in an address which lasted up 'to a quarter to one o'clock. At a quarter past two o'clock His Honor commenced to sum up the case to the jury. He regretted that the prosecutor should have thought it necessary to bring the case in its present form as he could hare dealt with it in another way. His Honor then dealt with the evidence of the expert witnesses which he said might assist them, but the decision us to their evidence would rest with the jury. He then proceeded to deal with the documentary evidence and the signatures to the documents, and then referred to the evidence at some length, especially that dealing with the signatures. He especially commented en the evidence for the defenoe. Referring to the evidence of the younger girl, now 16 years of age, who swore positively to a signature made in 1891, His Honor said that the manner in which she gave her evidence altogether discounted its value in hia mind. His Honor then commented on the striking similarity which prevailed in all the evidenoe of the witnesses for the defence. It was almost word for word. These were suspicious circumstances. His Honor thou proceeded to refer to. the documents and the signatures and the whole circumstances of the case. The jury retired at 25 minutes to 4 o'clock. They returned te Court at five minutes to seven o'clock with a verdict of guilty against both prisoners, with a strong recommendation to mercy. His Honor asked the jury for the grounds of their recommendation, and the foreman replied that it was because they believed the female prisoner to bo subject to delusions. Mr. Cooper rose aud said that was equivalent to a verdict of not guilty. His Honor said he would defer sentence until Friday morning, and the prisoners in the meautiine would be relaased, with instructions to come up for sentence on Friday. CHARGE OF PROCURING ABORTION, i Edward Haylock Percy, a man well advanced in years, was charged with having on'the 15ch June, 1895, at Auckland, unlawfully caused to be taken by Margaret Fraser certain medicine with intent to procure miscarriage. Prisoner, who was defended by Mr. F. E. Baume, pleaded not guilty. Witnesses 1 were on Mr. liaume's application ordered out of Court. Briefly stated the case for the Crown was that the young woman Fraser went into the employ of the accused on the 4th of May, and remained there till the 15th of June. He discovered that she was enceinte, aud told her that he would get her out of her trouble, so ho prescribed and gave her certain medicine, telling her that in a few weeks she would be all right. She took ths,medicine, and on the 15th June she left his employ and went to a boardinghouse, where she was prematurely ooufiued. Margaret Fraser, a domestic servant, gave evidence as to the prescription given her by the accused, and the other circumstances following. She was cross-examined at some length by Mr. Baume, and re-examined by Mr. Tola. (Jliarles Mitchell, Thomas Kelly, and Andrew Hill gave evidence as to procuring herbs, and drugs. At six o'clock the further hearing of the case was adjourned until next day.

'''MAGISTRATE'S COURT.-Monday. [Before Mr. U. W. Noi thcroft, S.M.] Bell v. Keenan.—This was an action brought by John Bell, a storekeeper, against R. H. Keenan, a cab proprietor, and hit wife, Eliza Keenan, to recover certain goods, or their value, £16 la 6d. alleged to have been illegally withheld. The case was tried on Friday last, when Mr. McGregor appaared for the plaintiff, aud Mr. Keenau conducted the defence of himself aud his wife. On that occasion the magistrate reservod judgment, aud this ho delivered this morning. It was an order to the defendants to deliver over to the plaintiff the goods claimed, or their value, also to pay £1 damages, and £5 us costs. POLICE COURT.— Monday. [Before Mr. H. W. Northcroft, S.M.J Drunkenness. — William Robinsou, 1 for being fouud drunk on Sunday, was fined 10s with the alternative of 48 hours: for a similar offence Michael Hickson was fined 20s with the same alternative. Unlawfully on Premises. — Robert Foster, alias George McKay, au elderly man, : was sent to gaol for 14 days with hard labour j on a charge of being found without lawful ! excuse on the premises of John White in Hobson-street. Pocket-picking.—A middle-aged man named John Armstrong pleaded guilty to a charge of stealing one purse, one steerage ticket, and £2 14s in money, total value £3 la 9d, from the person of Bridget Maher. Sergeant. Gamble, who appeared for the police, stated that on Saturday last Mrs. Maher, with her husband, was standing at the foot of Victoria-street, listening to a hurdy-gurdy, and on turning round to walk away a bystander said to her, " You have dropped something." On looking down, Mrs. Maher saw her handkerchief on the footpath, and iu replacing it in her pocket missed her purse. A young man then came forward, and pointing to Armstrong, said " That man has stolen your purse." Armstrong immediately made off, and ran into a restaurant close by. Mr. and Mrs. Maher followed, and accosting a person who appeared to be the restaurantkeeper, asked where the man had gone. He replied that the man must • have slipped out through the back. Not satisfied with this, Mr. and Mrs. Maher , went in search of a policeman, and seeing Sergeant Kelly, told him the facts of the case. The three then returned to the restaurant, and Sergeant Kelly finding the accused hiding under the staircase arrested him. On being asked by Mr. Northcroft if he had anytniug to say in answer to the charge, accused said he was very sorry for what he had done, aud it would never have hapif he had not been drinking for three or four day* previously. His Worship said that to pick a lady's pocket was one of the most contemptible actions a man was capable of, and as pocket-picking was on the increase in Auckland anyone brought before him for that offeuce would be severely dealt with. Accused was sentenoed to six mouths' hard labour. Destitute Persons Act. —In the case of May Hearling v. Christopher Hearling, iu which the defendant was charged with being in arrears with the payment of an order made for the support of nis wife and children, no order was made. Mr. A. E. Whitaker appeared for the defendant. WHAKATANE MAGISTRATE'S COURT. The Stipendiary Magistrate's Court was held here on Monday, September 9, under Col. Roberts. A large number of cases were heard. In the case H. Burt v. W. Warbrick, for assault, judgmeut was given for plaintiff for 10a and costs, £116s in all. C. Garlick v. C. Hopkins, for £6 3s, costs of ploughing and harrowing a paddock for maize. Case dismissed, each party to pay their own costs : as also in the counter action C. Hopkins v. C. Garlick, claim for £18 10s, for damage accruing through breach of contract in not planting maize until December, 1893, instead of by the second week in November, 1893. W. Stanley v. W. Frances, charge of killing a dog. Case dismissed, each party to pay their own costs. G. Rawere v. S. Dando: The plaintiff in this case sued defendant for damaging the machinery of a flourmill, and removing part of the buildings belongiug to his flaxmill. Plaintiff was nonsuited. Judgment went by default in the cases of R. Wright v. J. G&lviu, aud P. Savage v. Koi'oiniko,;'. for small debts ; contracted at their respective stores.—[Own CorrespouI deab.]