LAW AND POLICE.

New Zealand Herald, Volume XXXVIII, Issue 11731, 13 August 1901, Page 7

LAW AND POLICE.

•'SUPREME cOURT.-Ckiminai, Sittings. " (Before His Honor Mr Justice Conolly.) •►TUB criminal sittings of the Supreme Court, 'Kern District, were commenced at tie fce D ?»ay forenoon before His Honor M,. Justice Conolly. GRAND JURY. -- Tho following were sworn of the grand * ,«..-Messrs. Frank Astley J. J. Boak. vllard A. Brown, Benjamin Cashmoro, William Culpan. A. A. Dawson, Robert 1 rater. A B. Friend, George Goodwin J. W. Hall, mfi' A Harris, Walter Jones, John Menkes, p V Morris, John W. Nichol, G. O'Hal1/i'rftn' F. 0. Sharland, E. W. Rathbone, John SJnwith, T. H. White (architect). Mr. Cul- . v m was chosen foreman. • . . 4 - THE JUDGE'S CHARGE. ;-> • His Honor, in addressing the grand jury, ' *aid the number of indictments was considerably less than at many previous sittings. This however, oould not, he regretted to gay,'be taken as proof of diminution in serious crimes. By a recent Act prisoners who pleaded guilty could be sent at any 'time to the Supreme Court for sentence, and since last criminal sittings he had disposed of a considerable number of such cases. The* majority of the cases to be submitted were very simple. One charge of stealing a . post-letter and forging an order to receive it might require a little careful inquiry. The letter, which contained money, was addressed to the prisoner's wife, and it was her signature the prisoner was, charged with forging. Two cases of obtaining money by false pre- ■ tences presented some peculiar features, but would not. His Honor thought., cause tho grand jury much difficulty. His Honor was glad to inform the grand jury that there was only, one case of that class of which there had been so many of lateindecent assault and in this one case there would appear to have been an admission of guilt by prisoner. " , AUBGED FOItCIBLE ENTIIT VVOS LAND. A charge against a number of Maoris of forcible entry upon land in the occupation of the prosecutor appeared, His Honor said, very clear. The prosecutor and his predecessors had been for some 50 years or more in occupation of land called Motiti A and Motiti B. forming one block, and not divided by any fence. Somo Maoris apparently had, or supposed they had, a cbim to Motiti A, but prior to May 5 they made no demand in respect of it. or took any steps to establish their title. On that day they demanded possession. Mr. May refused to open his gates, and advised the Maoris to consult a lawyer. ■Next day prisoners and others, some 12 altogether, went on the land and commenced I cutting down trees." When ordered off they individually refused, and then pitched their p camp. The law was clear that, although no • one was assaulted, or there was no violence threatened, yet if persons took possession with such a number of persons or show of force as was calculated to deter the rightful owner from sending them away, it was suffi.cient to - constitute a - forcible entry. This ■would-appear to be precisely this case. It 1 was quite immaterial whether the person who was in quiet possession had a good title to , the land, or whether the Maoris had a belter title. If they had, the law was open to them, -, and they must not take it into their own .''hands.' .. , -

■ f -■• " THE ABDUORE POISONING CASE. Avery serious and painful ease was one in which a man was oharsred with administering poison to .his wife with intent to injure her. That he did administer poison to her ap- . peared clear, and the oiiestion would be as : to. intent, which would, in His Honor's opinion, be, more properly inquired into in ,open Court. His, Honor then reviewed the 1 evidence in this case. Ho noted that the : medicine given by accused to his wife was supposed to be a remedy for nil. or nearly all. the diseases to which mankind are subject, and said it was a marvel to him how any- rational man could believe. what was written in the pamphlet of instructions concerning this medicine. Prisoner gave some of,the medicine to a. eat, which died the next 1 <lay. * This should have been a warning to him if he had no evil intention towards his ' .wife.;".'.' "■'*;"' :'-%■- ■'.■ '■'' '■'",. "'' ", v ', DB. WIXKTNB' CASE. Another very grave charge, proceeded His Honor, is one against a medical practitioner of causing tne death of a woman by an illegal operation for the purpose of procuring - abortion.-Mrs. O'Dowd,'.the woman in question, had been only married* between five andßixwMkß at tke time of her death. From the post-mortem examination it would ap- . pear that uhe was prejnant at the time of her mamage, which -eras probably the reason why .Me consented to have an operation performed , L upon her. On Wednesday, May 15, she went «nt about a-quarter past two p.m., and just k? j inK out received £9 from her hus- , band.; Two days previously she had been seen to have £11 in her purse, yet when she retarned— at least, when she was in bod ■ti mi, owin 3 day— the money sho had was 3d- There is no evidence, so far as I know, S3 to what had become of this £20. She re- * turned homo between half-past three and f four p.m. Up to that time she had always had good health, and she remained up and about until eleven p.m. The next morning she remained in bed,' unwell, and gradual! .'she suffered such increasing pain that Dr. liowo was sent for. He came about eight 'p.m., and found her in agony. He prescribed 'fomentation, and gave her "a dose of medicine to allay the pain. He came ajain at eleven p.m., and remained until' about hallJ past twelve, doing what- he could for her,. ? and returned a few minutes after five a.m., when - she was unconscious .and just dying. ■v A post-mortem examination was made by ,Drß.;Xowe, Lewis, and Lindsay. -, They all J, agree that the cause of death was rapid blood:poisoning; that it was not a death from ; natural causes; and that it was probably paused by infection from without, such as might have been caused by the introduction of an infected instrument into the womb. These gentlemen will, of course, give their - evidonce more in detail it you should " re- '; quire it, and, in my opinion, you will find | ample evidence that this unfortunate woman . had been the subject of an illegal operation. To indicate thai; this operation had been j performed by Dr. Wilkins there is urac- ; tically only the statement of Mrs. O'Dowd herself, when she believed that she was, dying, as, in fact, she was. The law which ex-, < eludes statements made in the absence of an accused party, and not upon oath, makes an exception when the statement is made by a person in the immediate anticipation of death, holding that the solemnity of the position is eauivalent in binding the conscience of the patient as an oath would be. When . Dr. Lowe made his second visit, about eleven p.m. on' the 16th, he found Mrs. O'Dowd '•;. worse than she 'had been at eight o'clock. She cried, "Oh, the pain; the agony; I am dying;; I know I am dying, and cannot recover." Dr. Lowe then put some questions to her, in reply to.which she stated that she .had been to Dr. Wilkins on Wednesday afternoon, and that he had used an instrument, >nd: performed an operation upon her. It appears to me that this evidence, whioh I have no hesitation in laying before you, and I which I shall admit upon the trial if required, ..is.' Sufficient to raise a prima-iaeie case, and m justify you in finding a true bill. That, however, is entirely foi you, and as regards thei charge against Dr. Wilkins it is the only evidence. I believe that some witnesses will ib e_ > called -to depose that they Saw Mrs o_Dowd in Shortland-street, in which Dr. Wilkins' consulting-room is situated, on that Wednesday afternoon, but such evidence is of little value. '■.-■■■ '

' DUTIES OF THE GRAND JURT. Concluding his charge, His Honor said: In leaving the cases for the consideration of * Brand jury I have usually abstained from "'.- ? lVin them any instructions, excopt that V, before throwing out any bill they should call .'and* examine carefully every witness whose name is on the back of it, because the testi- ' '"niony of all those witnesses united may establish o prima-faeie case. I have done this because 1 have always assumed that many of we grand jury have acted in the same ca- '-'" pacity before, and fully understood their L,duties. But on the Inst occasion when I T -a--dressed a grand jury in this Court I was , : surprised at the number ot case 3in which they returned " no bill," and in some of these •, there appeared upon the depositions, which, v;.',-; M' course, had been before me, but not • { before the grand jury, strong prima-facie • evidence. ? could only assume that they hT • been, in fact, trying the cases and returning "no bill" where there appeared to De any doubt of the guilt of tho accused • Person, and that I was correct in so assuming "was Droved to me by a letter which I afterwards received from one of the grand jury, > commenting upon what he considered to. be .toe severity of the sentence passed by me , "Pon a prisoner, and stating that they had . "en very near throwing out the bill in his case, it W a9 a most improper letter, since " "Closed— at least, partially disclosed— Wat had passed in the grand jury room, -v a i was contrary to the oath whioh he "M taken, and which you have just taken. A grand jury should, in my opinion, first .-*■■-J j nt consideration that the case. has , arieady been before justices, and in moat - instances before stipendiary magistrates, well accustomed to their work, which, in fact, ■" »he. strongest argument used for dispensing ""» grand juries altogether. They have al«Wy been dispensed with in the district ocurts of which courts tit , if, proposed, . al- ,^ Ug iT ■! do not know whether the proposal wui bo made law ' largely to increase the JumcUction. i I have always been opposed -•- the abolition of grand juries, for although

tae greater part of their duties may be mero mctter of form, cases Will exceptionally arise in which the committal has been so obviously wrong that the (accused person should bo spared the indignity of appearing in the dock. But when euch is the case the fact will usually have made itself manifest to the Judge, and will bo intimated by him to the grand jury, and, although I should always abstain from attempting to interfere with them, I have on some rare occasions expressed an opinion that the case upon which I was commenting was a very weak one. That. which a grand jury should do is to obtain from the witnesses the main facts to which they can depose. If those facts are such as require to be rebutted, a prima- facie case hoi? been.established to be tried in open Court. There both Sides will be fully and impartially . heard, and the accused persons will have the benefit ol alt reasonable doubts ot their guilt, but it would be a mistake on the part of the grand Jry ij throw out a bill because such doubts should present themselves to their minds. I regret to have to trouble you with those remarks, but from what occurred on the last occasion they, would appear to be necessary. I cast no imputation on the last grand jury. J. nave no doubt they endeavoured to do their duty rightly and conscientiously, but it appears to me that they must have gone somewhat beyond it in several instances

f AH THEFT. wi)J in i ian i ? lRT ¥' alias William Clarken, who pleaded guilty to two charges of break! al£„? nd A entering and , eft in the suburbs about Auckland, recently, came up for sentence Prisoner appealed to His Honor for lemony statl ? g that ho had not been able to obtain employment owing to previous misdoings. He had been in work, but when it came to the ears , of his employer that he ad not previously borne a goocl character, ho was dismissed, and had not since been able to get anything to do. If dealt leniently with Ho would, on coming, out of gaol, leave the country. Detective llcMahon was called as to tho previous character of the prisoner, and the question as to his statement re employment. Ho said that as far as he had been able to ascertain Clarice was an idle person, but he did not know a great deal about his previous movements. His Honor, in passim? sentence, said it was " strange that a strong healthy young man like the prisoner could ,not find some' honest employment, instead of prowling about, and in the absence of the householders breaking into their houses and stealing whatever he could eet his hands'on. Prisoner was then sentenced to 12 months' imprisonment, with hard labour, on each charge, sentences to run concurrently. . PERJURY.

An old native named Popoki pleaded guilty to having committed perjury at To Awamutii about June 25, by swearing at a sitting of tho Magistrate's , Court for the hearing of a liquor license case that he was not a sly grog-seller. Mr. J. C. Martin appeared for accused, and spoke in extenuation of the offence, drawing the attention of the Court to the fact that the prisoner had not committed the perjury in a case in which lie was ono of the litigants. His Honor, addressing the prisoner, said he had received a favourable report from the probation officer, and was inclined to act upon it, and admit the prisoner to probation. * He then impressed upon Popoki the fact that for the offence ho had committed he rendered himself liable to severe punishment, and advised him to be most careful in future not to say anything that was untrue. He hoped the warning would have tho necessary effect, and that the prisoner would have nothing more to do with sly grog-selling., Prisoner was then admitted to probation for six months, and ordored to pay the costs of the proceedings within two months. . • BURGLARY AND THEFT. Tokoha Tohu, a young native of about 21 j-ej&rs of age, pleaded guilty to the charges of (1) having broken into and stolen from tho shop of George Glover, at Taheke, a watch, £5 in money, - a saddle, and several articles of wearing apparel; and (2) committing burglary by breaking and entering the house !of Robert Jaxvey and stealing there•from several articles. The constable from tho district said accused did not bear a very good character, and His Honor passed sentence of 12 months' imprisonment, with hard labour, in each case, sentences to run concurrently. ■ ■'" ' '•' A BAD CASE. Charles Henri Barton Foster, a young man formerly managing a branch business for Geo. W. Mcßride, at Dargaville, pleaded guilty to several charges of theft from his employer, covering £49 lis 2d, in cash, and i various articles of wearing apparel. The thefts were committed between February and June of the present year. Prisoner, when asked if he had anything to say why sentence should not be passed, replied, "Nothing whatever." * Mr. George Mcßride, on being called, said, in reply to His Honor, that he believed the defalcations amounted in all to between £200 and £300. He" did not know what had become of the money, but had heard that the prisoner was addicted to gambling. Prisoner, when engaged, had presented credentials, and bad" stated that he belonged ■ to a titled family. Detective McMahon, gave evidence as to the conviction of the prisoner at Gisborne for theft, and His Honor, after referring to two previous convictions, mentioned in the return" before him, said the case was a very bad one, and sentenced Foster to three years' imprisonment, with hard labour, on each of the charges, sentences to run concurrently. a v. ALLEGED POCKET-PICKING. V A young man named John Delaney pleaded not guilty to the charge that he did on June 11 last, at Auckland,' attempt to steal the property of Matthew James Whitelaw, from the person of the said Matthew James Whitelaw. The Hon. J. A. Tole prosecuted for the Crown, and Mr. J. R. Reed appeared for the accused. In stating the. case tor the prosecution,' Mr. Tole said that on June 11, the day that the Duke of Cornwall and York arrived, Whitelaw,. who was standing in ; crowd in Wellesley-street, felt a hand go into his right hip pocket. He immediately put his own hand round and caught hold of the hand that was in his pocket, and turning round himself he found that the hand was that of- the- prisoiaer. Whitelaw shepherded the accused, who attempted to get out through the crowd, but was arrested by Act-ing-Detective Connolly, and charged with attempting to pick Whitelaw's pocket. , He made no reply to the charge. Evidence for the prosecution was - given by Matthew J. Whitelaw— stated: that he had sight sovereigns in his pocket at the timer—and the arresting detective, D. Connolly. George Friend, a waiter at the Commonwealth Cafe, called for the defence, said the accused had been drinking considerably on the day of the alleged theft, and was. pretty well intoxicated by midday. In attempting to push his way through the crowd in Weilesley-sfcreet, with a view of getting a look at the Duke, Delaney was very rough, and was throwing his hands about in all directions to, clear the way. Delanev could hardly have had his hand in Mr. Whitelaw's pocket without witness seeing him put it there. Counsel having addressed the jury, His Honor summed up, and the jury retired to consider their verdict. After an absence of upwards of an hour the jury returned with a verdict of guilty, and recommended the prisoner to mercy. At this stage His Honor discovered 1 that there wero 13 jurors in the box instead of 12, one rejected man having taken his seat in the juryroom, under the impression that he Was acting rightly in so doing. A' new trial Was accordingly ordered, and the jury was dismissed. , -; " '■" _ A LONG LIST OF CHARGES.

George Fitzherberfc pleaded not guilty to charges of theft at , Auckland during the month of -July of three suits of clothes, the property of the Wellington Woollen Company, and receiving the same; of forgery of a document purporting to be a cheque, and using the same as if genuine; of obtaining goods aDd money amounting to £8 lis, by means of false pretences; of forging a request for payment of money and using the same as if genuine ; of stealing an overcoat, valued at £3, from the Northern Club, and receiving the same, well knowing it to bo stolen. The case v/fw ordered to stand down for hearing at a later stage. .. THEFT FROM A HOTEL. Charles Seymour Cato, pleaded not guilty to a charge of theft from the Royal Mail Hotel, of a portmanteau, containing toilet requisites, etc., and certain articles, of wearing apparel, the property, of lodgers at the house, and with receiving the articles mentioned, knowing them to have been dishonestly obtained. The prisoner was not repiesented by. counsel. Four witnesses were called for the prosecution, after which accused gave evidence on hie own behalf. His Honor having briefly summed up, the jury returned a unanimous verdiet . of guilty, the foreman stating that some of the member wished to recommend the prisoner to mercy. His Honor said that it. was evident that the prisoner, though perhaps somewhat weak in mind, knew that it was wrong to steal. > The sentence of. the Court was six months' imprisonment, with hard labour.-•■- -. - TRUE BH,LS., The grand jury returned true bills in. the following charges:Popoki, perjury; Charles Henri Barton Poster, theft (four charges''; Tokoha Tohu, burglary and theft . (two charges); John Delaney, attempted theft'; Charles SeyraouJ Cato, theft; Lauritz Westongaard, theft; George Fitzherbert, theft; Henry Samuel Currie, theft and forgery; Frederick Ell wood Smith, indecent assault ; Matthew Graham, theft; James Andrew Gome, false pretences (two charges). The jury then adjourned until next morning. The Court rose at twenty minutes to five p.m. to resume sitting next morning at ton o'clock. : •.'■■■■y ! .,, - ■- :■•■-'?./■■■■■' __ .-, - ; POLICE COURT NEWS. Mr. H. W. Brabant, S.M., presided over the sitting of the Police Court yesterday. : Drunkenness: Several first-offence drunkards of varying dejrees of degeneracy wore

leniently dealt -with. John McQuoid and Albert Neary were each fined ss, with the usual alternative, and John Wilson was fined 10s, with' the option of 48 hours' im- ' prisonment. Andrew Thomas Jackson, convicted for a similar offence on three previous occasions within six months, was fined SI, the. alternative being seven days' hard labour at Mount Eden Gaol. John Joseph Callanan, an oft-convicted one, was charged with habitual drunkenness. On accused promising to' quit the city by the outgoing Sydney steamer, the charge preferred against him was dismissed, and he was ordered to bo kept in custody until the steamer was prepared to take her departure. John Hunter, an old age pensioner, had a month's pension forfeited. ■ Theft: An elderly woman named Martha lieid was charged with the larceny of one clothes brush and one glass dish, the property of H. SchrofF. The woman, according ■to Constable Morris, picked the goods up, which were exposed on a bench outside, the complainant's shop in Victoria-street, secreted them under her jacket and made off. When arrested accused was loud in her desire to pay the cost of the stolon articles, but the shopkeeper declined to accept her offer. Sub-Inspector Mitchell stated that tho accused had on a previous occasion been convicted of theft. ' A sentence of one month's hard labour was imposed. Committed to the Costley Institute: A small lad, William Adam Enoch Brown, was, with the consent of his parents, committed to the Costley Training Institute. Discharged: The aged man, John McKernish, who has been in the custody of the police authorities for some weeks past, was once more brought before the magistrate, and on Sub-Inspector Mitchell stating that since the' accused's detention in prison he has received sufficient money from his sister to enable him to go to Wainui, where it is understood his relatives reside, the charge laid against the accused wa3 withdrawn. The Buck Case: The woman Lucy Buck, who, it will bo remembered, was arrested several days ago in Grey-street on a charge of attempting to commit suicide, and who has since been undergoing medical treatment at the Hospital, had sufficiently recuperated from her weakly state to allow her to appear at the Court. However, when the case was called on, the police stated that the husband of the woman had signified it as his intention to provide a. home for her, and therefore they asked that the charge be withdrawn, Which tho Bench accordingly did. • ■ - . Charge of Working After Hours: John Jansen, a barber, was charged that he did work at his profession after the hour of nine o'clock on the morning of the 21st ult. The charge, it was alleged, was the outcome of the defendant dismissing an assistant from his employ. After hearing the evidence of two witnesses, which His Worship hold was of a contradictory character, he dismissed the information. Maintenance Cases: Walter Charles Marlborough, who was remanded from Saturday on a charge of failing to provide.bis wife with adequate maintenance was, on being brought up again, ordered to pay 15s per week towards his wife's support, and His Worship adjourned the case for a month to see if tho accused paid the amount ordered rogularlv. The charge against David Morgan for contemplating wife desertion was dismissed. m _~., -i Neglected Children: Two little girls named Phoebe and Emma Crutchfield, being in the home of a reputed prostitute, were committed to the industrial school. , , ,