AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLII, Issue 13029, 21 November 1905, Page 7

AUCKLAND SUPREME COURT

CRIMINAL SESSIONS/ . JUDGE'S CHARGE TO THE GRAND JURY. ; The criminal sittings of the Supreme Courtwere opened before. His Honor Mr. Justice Edwards yesterday. The Hon. J. A. Tole • prosecuted on behalf of the Crown. THE GRAND JURY. " The following gentlemen were, sworn in. as a grand :— Messrs. W. J. W. Phileon (foreman). W. G. Owen, F. Renshaw, J. Robertson, W. H. Smith, E. J. White, U. Winstone, J. G. Buchanan, A. G. Buchanan, A. C. Caughey,F. D. Clayton, A. E. Dean, W. it. Do Eienzi, W. Dudcr, B. J. Esam, A. "S. Ferneyhongh, 'John Gilmour, J. C. Hardie, P. W. M. Holt, F. J. Kenderdinc, and R. W. Martin. ._ ... THE JUDGE'S CHARGE. ' His Honor, in his charge to the grand jury, referred to the heavy calendar. The principal charge, he said, was that of murder against Andrew Campbell, of Rotorua. The facts in this case were very simple—in fact. the actual killing of the man was not disputed by the accused. Probably an attempt, would be made to havethe charge reduced to one of manslaughter, but that would be a matter for the common jury, and j did not affect the grand jury. According to the law, a man might commit murder, j although he. did not intend to kill the person i whom he did kill. He quoted the law on lie subject, and said that in the present j case the accused admitted discharging a pearifle at the man Hislop, the reason given being that Hislop had persisted in coming about Campbell's house and insulting the accused and his wife. That, however, was no justification for murder or for discharging ft firearm at another. The law afforded means of redress in such cases, and there was no justification for a man taking the law into his own. hands. He honed that when the case came before the common jury circumstances would come out which would justify the charge being reduced to one of manslaughter, but in the meantime it wou'd :-? the painful duty of the grand jurv to find .•>' true bill, although there may have been, provocation, and no intention to kill, but merely to hit Hislop without injuring him more than slightly. He. referred to the charge against Nicholas Hands of theft and wilful damage to property at Coromandel. This, he said,' was a charge of bleeding kauri trees for the sake of the gum that, exuded. It was suggested that the accused was only following,\ common practice, notknowing that he was doing harm. This practice, however, was one which should be stopped, as it would never do to have valuable kauri forests destroyed by persons desirous of obtaining a little gum of comparatively 'trifling value. There was a charge of attempted murder against Win. Reid, who, it was alleged, had attempted to drown a woman with whom he had been living on a fishing boat. The charge was that" he had pushed heroff the boat, and bad held her under water. There was considerable evidence to be taken, and it any question of reducing the charge had to be considered it: was a matter for the common jury. He would see that the accused, if convicted, Was not punished for a'crime greater than that which he had committed. His Honor"briefly referred to several other charges of a less serious character, and taid that these did not require any further elucidation;

.THEFT OF .MONEY. OLDHAM 'AGAIN .REMANDED. William . Oldham, who pleaded guilty in the .lower Court to, a charge of theft of monej from Messrs.. Heather, 'Robert onand Co., was brought up for sentence, v Mr. J. C. Martin said "since the prisoner. was last before His ■ Honor, he had made inquiries, and would promise His Honor ■ --.the money taken would be returned ' to the. firm by instalments spread over a , term. His Honor said he would like to see Mr. Robert on: in the matter, and Would remand the prisoner till .Thursday, when Mr. Eobsrton would be asked to attend. ;'•■■.

';; TRUE , BILLS. '; . . The grand jury returned true bills in the following charges: Lily „ Young,, theft from a : dwelling; Edmund Drummond Smith, theft: Tfiomai; Smith, breaking and entering; : David Jenkins and Jack Mc'Gregor, housebreaking, Leedham Whitehead, burglary; Hori .Eparima, sheepstealing; \ Harry- Reynolds, ; forging and uttering; Alfred " Ashenden. '< housebreaking : Henry Williams and John Hammon, theft; Henry Williams, John Hammon, and James Parsons, housebreaking; Peter Smith and . Charles Troy, housebreaking ; Walter Stannard, theft ; David Wright, theft - from the person; Henry Cooper Douglas, theft; . Charles Theodore Ernel Geisler, child desertion ; John McSweeney, shooting with "' intent : Ernest Wilson, bigamy ; Leonard Morrison, theft; Thomas Johnson, indecent assault: Richard Edward Valentine Vince and James Mclntyre, theft from a dwelling: Peta Anihana, unnatural offence: Edward Wrathel, theft from the person; and Arthur Jones, horsestealing. ■"'' '•"-

HOUSEBREAKING AT kawhia. "'ACCUSED PLEADS "GUILTY. • Thomas Smith pleaded guilty to a charge of breaking into and entering a dwelling at Kawhia. and stealing therefrom a, quantity of clothing. ■-, '..-.- Mr. J. Q. Martin, who appeared for the accused, called Constable McCarthy, who said that previous: to this offence the prisoner had borne a very good character. His Honor said that the < prisoner had already served two months on remand, and passed a sentence of. one month's hard labour. v ■ -i '■:■

THEFT OF JEWELLERY. . CHARGE AGAINST A YOUNG ' WOMAN. " Lily Young pleaded guilty to two charges of theft of money and jewellery from the residences of Mrs. Mackav and Margaret McLaren, at Auckland, during October last. Mr. J. R. Lundon, on hehalf of the prisoner, asked that probation be granted. His Honor remanded the . prisoner for a week for the probation officer's report. . A PRISONER FAILS TO APPEAR. BAIL ESTREATED. ' Edmund Drummond Smith, charged with theft at Wliangaroa, failed to appear. Mr. J. A. Tole said that the prisoner had absconded to some part of Australia, and that a warrant had been issued for I) is arrest. ' * His Honor ordered the recognisances to be estreated. . . EXEMPLARY SENTENCES. ' BREAKING AND ENTERING AND THEFT. . Two young men, named David Jenkins and Jack McGregor, were charged with breaking and entering the shop of Thomas Connolly, at Cambridge, and stealing a quantity of shoes and boots, on August 27 hist. ■ The prisoners pleaded guilty. They . also pleaded guilty, to a charge of -breaking into and entering the, draper's shop at Kanuigahake. of Mr. A. »S. M innet t. and to having housebreaking implements in their possession. McGregor : admitted one prior conviction.... His Honor said that in cases like this ;he : must pass exemplary sentences. Mc'Gregor would he sentenced to two years ■ v bard labour upon each charge, and Jenkins {•» '18 months' hard • labour, upon each charge, the, sentences in each case to be • , concurrent, §|||■ 4 : ■r ;

> FORGERY AND UTTERING, /. THREE YEARS' HARD LABOUR. ■ ■ ; Harry Reynolds, alias Lloyd, alias Harry' Evans, a middle-aged man. pleaded guilty to having forged and uttered a number of cheques, between July 17, 1905, and September 30, 1905, at Auckland. The accused admitted a number of prior convictions, and asked His Honor for another chance. A sentence of three years' hard labour was imposed., .u..- > . ' THEFT FROM A DWELLING. ' | AN OLD WOMAN SENT TO GAOL. An old Woman named Elizabeth Whittet, against whom a large number of. convictions were recorded, pleaded guilty to the larceny of a puree belonging to Alary Ann Kicrney, at Auckland, on October 18 last, and was sentenced to 18 months- hard labour. V- . ' SHEEP-STEALING. • ■ ■ A MAORI FOUND GUILTY. j Hon Eparima, a middle-aged Maori, j pleaded not guilty to. a charge of having stolen and killed a ewe sheep, the property of Henry Harding, at Mercury .bay, .oil August 22. The accused was undefended. Abraham Troliese, a farmer at Mercury Bav, said that on August 22 last he was passing Mill Creek with a mob of cattle. He saw the prisoner carrying a sack, .fie spoke to the prisoner, and, with Mr.' McGregor afterwards, went to the prisoner's ■wliare, where lie saw some portions of a sheep's carcase. Donald Kenneth McGregor gaTe similar evidence. The prisoner was living on portion of witness' section. Henry Harding said that, with Constable Brown, lie went to the prisoner's wliare. Constable Brown accused him of killing one of witness' sheep. The prisoner at first denied, but afterwards admitted that .he did. so. .The prisoner also showed witness where -he had buried the .skin.

Constable Brown gave corroborative evidence.

The prisoner said thai he expected to see a lawyer in Court to defend him. The accused made a short statement, in which he slated that on the day in question he saw some sheep, and being hungry lie killed one. He buried the skin, head, and entrails, and took the carcase to his whare. He intended to tell M't. Harding that he took the sheep. His Honor said that the case Was a very plain one. The accused asked the jury to believe that he intended to tell Mr. Harding all about it. After a short retirement, the jury returned a verdict of guilty. The prisoner was sentenced to 12 months' hard labour. LARCENY OF A CHEQUE. TWO YEARS' HARD LABOUR. Walter Stannard, a middle-aged man, pleaded not guilty to stealing a cheque for £18, the property of John Bilkie, at Pukekohe, on April 28. 1901. The accused was undefended. . . • The Crown Prosecutor said that the prisoner had arranged to sell a horse for Mr. Bilkie. He took the horse out of Mr. Bilkie's paddock, sold it, and cleared out wit!) the money. He was afterwards arrested.

John Bilkie said that the prisoner took away a colt from his paddock, for the purpose of selling it. It was afterwards returned. In April, 1904, the colt was taken away again, and sold to a Mr. Kelsey. He had "not received any money as yet for the colt. He placed the matter in the hands of the police, and the prisoner was • afterwards arrested. "

To the Prisoner: The colt was deformed, and the prisoner had operated upon it. He did not owe the prisoner any .money. John Kelsey, Tanner, said that he bought a horse from "the prisoner for £18, which he paid by cheque. The prisoner said the horse" was bred by Mr. Bilkic. of Pukekobe. Constable McPhee gave evidence of the I arrest of the prisoner at rinsvillc. The.' prisoner said that the information out Against him was a mistake. "■-''■■ The accused made a statement to the jury, in which he alleged that Mr. Bilkic owed him money, and that, he considered himself quite justified i* keeping the cheque. ■ His Honor - said that; the jury fshould disregard the statement made .'by the prisoner,, because it was in direct contradiction to the evidence given upon:oath for the Crown. They' must give their verdict upon the evidence. •'.,'■' , r. ..•-■ The jury returned a verdict of guilty, ami the prisbnei was sentenced to two years' hard labour. : ' I *- The Court adjourned till half-past ten this morning. \ m ' ■ THE' LIST. .- > The following charges remain to be heard : Thomas Albert Jackson, attempted criminal assault, Newmarket ; Henry Williams, John Hammon, and Frederick Jas. Parsons, j breaking and entering and theft, Pahi; Henry Williams, and .John Hammon. theft, Pahi"; Aiired Ashenden, breaking and entering, Coromandel; Thomas Johnson, indecent, assault; Hamilton; Leonard Morrison, theft from a dwelling, Auckland ; William, Reid, sen., attempted murder, Auckland: Thomas Smith, breaking and entering and theft, Kawhia; Win, Taylor, theft, Auckland; Edward Wratball, theft from the person, Auckland ; Thomas Henry Calvert, theft from the person, Auckland; Ernest Wilson, bigamy, Auckland; Thomas Thomas, assault causing actual bodily harm, Auckland; Richard Edward Valentine Vincc and James Melntyie, theft from' a dwelling, Auckland; David Wright, theft from the person, Auckland ; Lee'dlmm Whitehead, breaking and entering and theft, Rotorua; Charles Theodore Emil Geiseier, child desertion, Auckland ; Joseph Gardiner, perjury, Auckland; Peter Smith and Charles Troy, breaking and entering and theft, Thames; Pita Anihana, unnatural offence, Rawcne; Duncan McDougall, assault with intent to do grievous bodily harm, Kawhia; Henry Cooper Douglas, theft from a dwelling, Auckland ; Richard Williams, theft, Coromandel; Nicholas Hands, theft and wilful damage to property, Coromandel; Paul Smith, attempted suicide, Mercury Bay; James M'ellhone, forgery, Auckland; Andrew Campbell, murder" Rotorua; James Wilson, theft from the person, Auckland; Ah Ming, perjury, Auckland; John MeSweeney, shooting with intent to do grievous bodily harm; and Annie Sayers,. perjury, Auckland.