AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIII, Issue 13095, 7 February 1906, Page 7

AUCKLAND SUPREME COURT

CRIMINAL SESSIONS.

The criminal sessions of the Auckland Supreme Court were resumed before His Honor Mr. Justice Edwards yesterday morning, the Hon. J. A. Tole, Crown Prosecutor, being in attendance. PRISONER PLEADS GUILTY. James A. Hill, a young man, when charged with stealing and killing a cow at Te Awavnutu, pleaded guilty. Prisoner said he was sorry for what he had done, and pleaded for leniency. His Honor said the prisoner had a very bad record, having been convicted eight times for dishonesty since 1901. The fact that he had pleaded guilty and had saved the country the expense of trial was the only point in his favour that could be considered. A sentence of two years and ahalf imprisonment with hard' labour was imposed. BREAKING AND ENTERING AND THEFT. A well-dressed young man named JohnFrancis slier was arraigned upon a series of charges of breaking and entering and theft at Auckland and Hamilton, of stealing two portmanteaux, and of having a varied assortment of articles, knowing them to have been stolen, in his possession.

The prisoner, pleading not guilty, said that bo wanted to get material evidence from South Africa.

His Honor: But I have no jurisdiction in Soutn Africa.

The Prisoner: 1 recognise that. Your Honor, but I want to get sworn evidence from there, and I want to be remanded until this can be got. I strongly object to the medical gentlemen at the local asylum saying that 1 was malingering when I was nut. 1 wish to be able to prove this, and the evidence which 1 propose to get from South Africa will show that I was in the asylum there. I was Mounded in the head during the war, and 1 am sometimes affected mentally. His Honor : Wo are not- going to try you for thai. You arc sane enough now, and we won't be bothered about malingering, if that, is the case.

Joseph Harry I'arr, a warder at the Avondale Asylum, and Thomas Scholield, a resident ot urey Lynn, gave evidence as to missing their portmanteaux at the Mount Albert and Hamilton railway stations lespectively. The portmanteaux produced, they said, belonged to them, as also did a number of articles which tuev contained.

James Annett, W. F. Mason, and Mary Elizabeth Evans, residents of Hamilton, said that on December 23, while they were absent, their premises were broken into, and a number of articles, which they recognised among those produced, were taken. Eleanor Bennett, residing with her uncle (Mr. "W. F. Mason), said that some of the property stolen from her uncle's house belonged to her. Mrs. Evans said that on the day the offence was committed at her house accused was staying there. Arthur Goklie, a timber merchant, residing at Ponsonby, said that one day in December last his residence was broken into, and about £50 worth of property taken. The articles, produced were his. Frances A. Cranston, a domestic servant in Mr. Goldie's employ, stated that she also missed some of her property. Samuel O'Leary, resident at Morningside, stated that in December last his house was broken into, and his watch taken. Herbert McGeehau, a small boy, said that he saw a man go into Mr. O'Leary's house on the day the offence was committed. George Barrett, a boardinghouse-keeper at Archhill, and a girl named Bowden, who was staying in the house, gave evidence, stating that the accused stopped there on Christmas Day, and some articles were afterwards missing. Alexander Thompson, seaman on the schooner Kaihau, said that on December 8 last his portmanteau was stolen. Archibald Bishop, licensee of the Terminus Hotel. Onehunga, said the accused stayed at his hotel for a week in December last. Accused, however, never paid for his board, and left the trunk produced, which witness handed over to the police. Gordon Clarke, booking clerk for the Union Steam Ship Company, Onehunga, said that on December 22, when the Rotoiti was sailing for New Plymouth, he issued a passage to a man who gave the name ot Jones. , t, , ... James White, steward on the Rotoiti, said that on December 22 accused presented the ticket produced, made out in the name of Jones. Ho had two portmanteaux, a trunk, an overcoat, and a dress basket, with him The accused, however, was arrested before the vessel left for New Plymouth, and his luggage was handed over to Detective Boddam at New Plymouth Detective Boddam, of New Plymouth, said he obtained from the steward of the Rotoiti a portmanteau and several other articles. On searching the things he found some clothing and jewellery, which were afterwards identified by several local gentlemen as their property. Acting-Detective Fry, of Auckland, deposed to arresting the accused on December 27 last, on board the Rotoiti, just prior to her leaving. He found on him, amongst other things, a steamer ticket to New 1 lymouth, issued to J. Jones " The accused on oath said that on December 7 he was finally discharged from the Avondale Lunatic Asylum. In respect to the charge of stealing a box belonging to Can-, that took place on December 1 He remembered nothing after December 27. He served throughout the South African war, and had a very good discharge, He wa,s in an asylum- 'in Africa for over a year, during which time he had relapses. It was at the suggestion of the superintendent ot that asylum- that lie came to New Zealand He was admitted to the Avondale Asylum on November 8, just after his arrival The property identified in Court he knew nothing about. He had no recollection of it ever having been in his possession. He had never been in trouble before. To the Hon. J. A. Tole: He did not recollect being arrested. He remembered buying the ticket from a man ait Onehunga, but did not remember being on board! the steamer. The last date he remembered was December 27. He afterwards admitted that he might have been out on parole from the asylum on December 1. The prisoner, addressing the jury, impressed upon them bis previous mental deinurement. If he had stolen the property, lie did not remember anything about it. He would like to have been able to produce evidence to show that he was in an asylum in South Africa. _ The jury, without retiring, brought in " verdict of guilty. His Honor, in sentencing the prisoner, said it was plain that he had committed himself to a deliberate system of crime. The sentence of the Court would be five years in prison, with hard labour. INDECENT ASSAULT. MAORI SENTENCED TO FIVE YEARS' IMPRISONMENT. William Tuki Perry, a middle-aged Maori, was charged with having indecently assaulted'a young Maori girl under nine years of a .re. near Whangarei, on December 18. °The girl upon whom the assault was alleged to have been committed stated that ■■be lived with her parents and other Maoris, amongst whom was the accused. While the other Maoris were away she went to gather pippies. On arriving back at the whare the accused was at the door. He caught hold of her, and took her inside and" committed the offence he was charged with. ~ Several other Maoris gave evidence. The accused, when formally charged, said he wished only to make a statement.* He said that, the girl made no complaint until 17 days aflei the alleged offence. The jury, without retiring, brought m a verdict of guilty. His Honor, in sentencing the prisoner, said it was a.very serious offence. He win sentenced to five years' imprisonment. The Court adjourned until this morning.