AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLII, Issue 13031, 23 November 1905, Page 7

AUCKLAND SUPREME COURT

CRIMINAL SESSIONS. .. The .... of > the Supremo Court The criminal sittings of the Supremo Court were continued yesterday befpre His Honor Mr. Justice Edwards. The' Hon. J. A. 1 Jole prosecuted for the Crown. ALLEGED INDECENT ASSAULT. ■■■'::.• s i■:<■'/ ;■ ■ ■■ ■ !■■■: ' - JURY DISAGREE. - — §, , NEW TRIAL ORDERED. A young seafaring map named Thomas Johnson pleaded not guilty to the charge } ■ , of having committed a criminal assault in a railway carriage between Frankton Junc- j ' " tion and Hamilton, on August 22. Pri- j Boner also pleaded not guilty t'o a second ' count, charging him with the commission of an indecent act in a railway carriage. Mi. J. R. Lundon defended. ;■ Evidence for ■ the prosecution was given by several witnesses. Accused gave evidence on his own behalf, his defence being a complete denial of the allegations made by the witnesses for the prosecution. ■ ; "*■ ■ ' The jury retired. shortly after half-past ."i , twelve o'clock to consider their verdict. On | I returning at ten minutes past five, the fore•V., man reported that they could not agree, , . and, upon Mr. Tole's application, a new ■:. ; trial was ordered. ■ .

ALLEGED HORSE-STEALING. VERDICT OF NOT GUILTY ; ' RETURNED. Arthur Edward . Jones;pleaded ; not guilty to the charge of having stolen a horse and canvas cover, the property of Matthew Ryan, at Ohaupo, during September. Accused was not represented by counsel. The first witness called was Matthew Ryan, stock-dealer, of Ohaupo. He said thai the' horse, with six ,or seven others, was left ,in a. paddock at uuaupo overnight on September 13. The gate was closed, and had a chair around it, but there was no lock. Although there was no lock the ■ gate was secure, and the paddock was cattle , proof. r Next morning he. found the gate ' ■ open and the horse gone. The horse was subsequently found some 25 miles distant ~X from Ohaupo. . 1 Thomas Moody, labourer, living at Kihi- : kihi, deposed to finding a horse cover on the roadside at Kihikilii on September 14. The covet was - subsequently claimed by Ryan as his property. "Thomas Cumpstone, son of a farmer, who found tljp horse, Clias. J. Johnston,; Constable McCarthy, of Kawhia, and Constable '; McPhce, of Te Awamutu, were also called ■ : J for the prosecution. The last-named stated that the prisoner had admitted taking the best horse from a, mob running on the road vat Ohaupo. He (prisoner) described the animal as a dark brown mare, with a cover on her, and stated that lie had token her in order to get out of the way quickly, as he had heard that it- was ;■ the intention of • the publican at Ohaupo to lay an information against him for using obscene language. • The accused,' upon oath, admitted that he / look the horse, for the purpose _ of getting away from the police, and said that lie "■■: afterwards turned it loose, thinking that it V would return. He sent a note to the owner about the saddle, but omitted to make any mention of the horse.- His reason for making the omission was that he did not want . to give any clue to the police, n •, He denied ■ ; that he ever . had any intention tof stealing the horse. „ .. His Honor, in summing up, said that he ' considered it was more a case of .trespass than anything else, and held that the evi- j dence did not support a case of theft. i ' The jury, after a short retirement, returned with a verdict of not guilty, and the prisoner was discharged.

K 'A CATTLE-SHOOTING EXPEDITION. ALIORI CHARGED WITH STEALING ', AN OX. . " THE CASE -ABANDONED. : : 'A Maori named Richard Williams was arraigned' upon a charge of ( stealing and • killing 'an ox, the • property 'of a settler . Jiamea Alfred Jeffcoat, at Cabbage Bay, in September; last. The accused, for whom. Mr. Walker appeared, pleaded l not guilty. J; ■ : 'Alfred; Jeffcoat, 'a: settler, residing near . Cabbage Bay, said that in February last he WBis working a team of bullocks upon, Mr. Noilson's property, and in consequence of an accident injuring two of . his beasts he had to . destroy one of them. 'The other, the one in question, was put out to graze upon Mr. Neilson's property. : Itn September last he heard. that the bullock was missing, and upon, examining a hide in Buckland's saleyard, Auckland, he identified it as that -of - the animal in question. .Upon visiting Mr. Neilson's . property subsequently, he was shown a spot where a bullock had been killed. Scattered round about were a number of bones. Upon examining these, he • found a diseased joint, the injury which the bullock in question was suffering from. JTo Mr. Walker: He had heard that the bullock which • was shot had! - long ; horns, ••"and if it had, it could riot have been his, because its horns , were cut, and were only ! about 2in long. The spot where the bullock was shot was Government. land, adjoining Neilson's, arid it .was.possible for wild cattle to have '.wandered; there, but .it ..was not possible for the accused to.; have mistaken ; his animal for one. -• ; , t .. Anton Neilson, a farmer, residing at Cab- •' .bag© Bay, said that the bullock in question was turned out to graze upon his property ','i in February: last., It was suffering from ' "an injury to one of its fore legs. He last 1 saw the bullock in May hist. About September last he met the accused and a num- . ber of. other natives upon his property, and au they were carrying guns, and • were accompanied .by dogs, he asked them what they, were doing. They replied' that they -were out shooting wild cattle. He warned r ; ,- them not to shoot anything upon his pro- ■ perty. Soon afterwards he heard a shot come from the direction of the Government land at the back of his section, and when the natives returned they gave him soma ' beef from the animal which had been shot. He" identified the - hide produced,. in the lower Court as that of Jeff coat's bullock. To' a Juryman: ..... His. property, was not fenced at the back. . * ■ .... To Mr. Walker: The bullock often wandered on to the adjoining property, where it might have mixed with other'cattle, and . during the four mouths have become somewhat wild.'' ■ ■Further. evidence was given to show that the hide produced was sold by. the accused to' a Cabbage Bay storekeeper upon September 23, and .afterwards sent to Auckland. One of the Maoris who accompanied . the accused on . September 20 said that the accused shot a bull near Neilson's. This bull, however, had long horns. ', / . -Mr. Tole said he did nob propose to pro- . ceed further- -with the case, and' the jury ; formally returning a verdict of not guilty, the accused was discharged. ' The Court adjourned until half-past 10 ' this morning. , " - . CASES UNHEARD. „ The following cases still remain unheard 1 w-Tlaomas Albert Jackson, attempted criminal assault, Newmarket (retrial): Alfred Ashenden, breaking and entering, CoromanHel; Leonard Morrison, theft from a dwelling, Auckland; William Reid, sen., atv tempted murder, "Auckland ; Thomas Smith, o# -breaking and entering and theft, Kawhia; SjWm. Taylor, theft, Auckland ;v' Edward Wrathall, theft from person, Auckland ; Thomas Henry Calvert, theft from the peri?; son, Auckland; Ernest Wilson, bigamy, Auckland ; Richard v Edward Valentino . . Vince and James' Mclntyre, theft from a £ 'dwelling, Auckland David Wright, theft from the person, Auckland ; Charles Theo- , w(>.dore. Emil 1 Geissler,« child .desertion, Auck- ; inland'; Joseph Gardiner; perjury, Auckland; ; | Pita Aniliana; unnatural offence, Kawerie; ! •. Henrv Cooper Douglas, theft from a dwelf' ling, 'Auckland : Nicholas Hands, tiiep and , v .wilful dinnuj'o to property,;- Coromundel; ' James. Mrd!iw<\ iuiywv,, Auckland; v An- • "drew Curph 11. niAsik'r, Rntoriia ; .lames Wilson, theft fivnn the {wnftm. • Auckland; r. gj''Ah'i Mini'. i-.nv." Auckland; John McSweenrv. si . cling with intent to do grievous bod'ilv 1.-7.,,. Xiirfchiud ; Annie Sayeis, , • perjury. Air.k.'iuul; and Thomas Johnsl-jD, indecent assault, Hamilton (retrial). , • , • ' .. . ' KlliWlllISIlS!