THE CHIMINAL SESSIONS

New Zealand Herald, Volume LX, Issue 18395, 10 May 1923, Page 9

THE CHIMINAL SESSIONS

breaking and entering.

THEFT AND RECEIVING.

TWO YEARS' IMPRISONMENT.

The criminal sessions of the Supreme Court were continued yesterday, when Mr. Justice Stringer and Mr. Justice Herdman each heard a number of cases.

The assertion that a " plant *' had been arranged to get him into trouble was the defence put. forward by William John Marriott, aged 54, when charged with breaking and entering the Drill Hall and with stealing military equipment to a total value of £8 13s. He was also charged with the theft of a suitcase and contents valued at £13 10s, receiving the suitcase, and with a further charge of being a rogue and a vagabond. Accused pleaded not guilty to all charges. The evidence showed that the caretaker of the Drill Hall heard a noise of someone trying to force a window open, and on the police being called accused was found hiding under a gun-carriage. Accused then explained that ho had just gone there to sleep. It was found that several orderly rooms had been forced open and goods taken were piled in a heap outside the hall. In accused's possession were found pencils, pens, hat bands and badges also taken from the orderly rooms. A search of accused's room revealed the suitcase which had been taken from the platform of a Remuera car two months previously. Accused, who was not represented by counsel, said he received the suitcase from a.man in Customs Street and took 't home. He was drunk on the day of the Drill Hall episode and remembered nothing after 3 p.m. that day until he was awakened under the gun carriage. He had maintained from the time of his arrest that this had been a " plant " to get him into trouble. The jury, after a short deliberation, found the accused guilty of breaking, entering and theft, guilty of receiving t the suitcase knowing it to have been dishonestly obtained, and not guilty on the charge of being a rogue and a vagabond. In reply to Mr. Justice Stringer, accused said that since his release from prison lie had been in constant employ ment. He described his latest offence as a drunken escapade. His Honor said that the prisoner had been given several chances. He had been placed on probation on one occasion and had been let out on probationary license on the .last occasion before he had served the term. His Honor said he had no alternative . but to impose a substantial term of imprisonment. Accused would be sentenced to two years' imprisonment.

SERIOUS CHARGE DISMISSED.

MAORI GIRL'S AGE IN DOUBT.

The difficulty of ascertaining and proving the age of native children wag again emphasised when the charge against Rutene Topi, of having carnal knowledge of a native girl under the-age of 16, was being heard. The accused, who was represented by Mr. A. H. Johnstone, instructed by Messrs. Potts and Hodgson, of Opotiki, pleaded not guilty. The relations complained of were not denied, and it was stated by the police that accused was 28 years of age. No ■ record of the girl's birth was forthcoming, but it was stated by tTTe father that she was born four months after the death of an elder sister, and a school register showed that this . sister attended the school as late as October, 1909. It was therefore contended that she could not be more than 14. No evidence was called by Mr. Johnstone, who, in addressing the jury, said the Crown had . failed ; to establish the fact that the girl was under the age of 16 when the offence was alleged to have, been committed. He asked the jury to observe the obvious maturity of. the girl, and said that in view of the fact that there had been four deaths in the family, and that the father could not 'definitely rememberthe dates of any of them, the date of this girl's birth was uncertain. ' The jury returned a . verdict of not guilty and the prisoner was discharged.

BREACH OF BANKRUPTCY ACT.

CONTRACTING OF DEBTS.

In the case of William Lawrence Pullinger, charged with a breach of the Bank" ruptcy Act in contracting debts that he had no reasonable prospect of paving, the evidence' in which had been heard on the previous day. tno jury returned a verdict of guilty. The foreman added that the jury were of opinion that the accused s actions were due to incompetence in business. ■' .* _• Sentence was deferred till Monday.

ACQUITTED ON SERIOUS .CHARGE.

" DANGEROUS TO CONVICT."

An old man, Henry Gibb (Mr. Singer), pleaded not guilty to a charge, of having committed incest at . Churchill on December 26. . ■ ■ ' - ~ ",. ' - , After hearing the evidence the Judge directed the jury that it would be extremely dangerous to convict the accused on the* evidence tendered. A verdict of not guilty was returned.

FOUND GUILTY OF FORGERY.

LETTERS AGAINST EMPLOYER.

I "The letters were written^ with the I object of injuring his employer," said Mr. :V. R- Meredith, Grown Prosecutor, in j opening the case against Thomas Morris I Bruce (Mr. Moodv). charged with having ! wrongfully and without authority written ! two letters and signed them in other per- ! sons' names, committed forgery. Accused ! pleaded not guilty. i Senior-Detective Hammond said that | when interviewed at Paeroa accused made ; a statement in which he admitted writing j the letters. He said he had left the employ of R. Farrell, baker, at Onehunga, I seven weeks before. While in that em- ! plovment he wrote a letter to an official of ; the* Northern Steamship Company, stati ing that the bread supplied by the baker I for whom he worked was shorf weight. |He signed the name of an opposition i baker. The other letter was sent to the ; inspector of weights and measures, and | was signed with the name of an One--1 hunga resident. Accused said he did this 1 because his employer had stopped 3s from | his bonus but none from the cotius of the j other employees. His duty was to weigh ! th* dough: 'he denied that he purposely j weighed short after writing the letters. Evidence was given by an inspector of ! weights and measures that the le'ter had j been acted upen, with the result that bread i made bv the beker concerned was found \ to he exremelv short weight. The employer said that accused had 1 jriven some trouble, and when asked why Ihe had not dismissed the man replied | that he had been asked by the police to j retain him as Bruce was under observa- ! tion bv them. Mr. Moody contended that the contents ' of the letteT? having been r>-oved to be j true, one of the necessary ingredients of ( forgery was misfiug, namely, that the I document was made by accused who knew ! it to be false. i Mr. Justice Stringer said the signature I was false, and this was not affected by j the facts in the document. He held that j accused had no defence and none bad been ] offered. Re considered it his duty to '• direct the jury to bring a verdict of i guilty. ' After a short retirement the jury found j accused guilty of forgery, hot recom- ! mended that the utmost leniency be exi tended to him. ! His Honor said the jury's plea would | receive the fullest consideration, h'-'t the I penalty would depend on whether the. act j had been deliberate and malicious or j merely one of stupidity. The prisoner j rould'stand over for sentence until Satur- | day and inquiries would be made in the j meantime.