THE COURTS.

New Zealand Mail, Issue 1201, 8 March 1895, Page 35

THE COURTS.

SUPREME COURT

The criminal sessions of the Supreme Court opened on Monday, His Honor the Chief Justice taking his seat upon the bench shortly after 10 o’clock. THE GRAND JURY. The following gentlemen were sworn in as the Grand Jury : —Edward Nettle ton, Christopher Worgen, Thomas Donel Scoullar, Charles Robert Gamble, Thomas Pascoe Bryant, John Beauchamp, Joseph Joseph, Francis Augustus Kebbell, Robert Archibald, John Knox, Theodore R. Ritchey, Thomas Stoddart Lambert, Henry Davis O’Callaghan, Francis Penty, Mark Kebbell, James Albert Williams, John Bertie, Thomas Henry Kirkley, Walter E. Woods, Corrin W. F. Bridson, George Bodley, Arthur Robert Yere Lodder, Alfred Henry Miles. Mr Miles was chosen foreman. HIS HONOR'S CHARGE. • His Honor, in delivering his charge to the Grand Jury, said that the cases for their consideration were somewhat more numerous than usual, although not specially remarkable. The most serious charge of all was one of manslaughter. After explaining’ the law relating to manslaughter, His Honor pointed out that if the jury found that the man died from the indirect result of the blow he received, that would not prevent the accused being indicted for manslaughter. There was a peculiar case against four persons for breaking into a publichouse it might be that the Crown Prosecutor would present a bill against only two of them. According to the depositions, the four persons indicted for housebreaking had been drinking at the bar of the hotel, and some time afterwards two of them were found in a room which they had entered without the knowledge ofithe inmates, and the room bore the apuearance of having been recently ransacked. This was not housebreaking, but it was being on the premises with _ intent to steal. The other two persons joined in the indictment were alleged to have been in association with the two who were found in the hotel, and to have been waiting outside for them. So far as appeared from the depositions there seemed to be little if any evidence against the two not found in the room. In order to find a true bill against these persons not actually taking part in the crime, the evidence must show they were at hand ready.to take part iu the offence. There was a remarkable charge of extortion on the calendar. The prosecutor and a young woman were sitting on the hill above the Catholic Cemetery one afternoon conversing together as they said, and not being guilty of any impropriety, when the prisoner appeared, represented himself as a police officer, accused the prosecutor of improper conduct and pretended to take him in charge. The result was that he obtained a sum cf money on condition that he said nothing about the matter. It was immaterial to the case whether or not the prosecutor did commit an indecent act. Ihe offence charged against the prisoner was extorting money by pretending to make a charge against the prosecutor. There was also a charge under the Bankruptcy Act of obtaining credit under false representations —viz., that the person charged had no other debts at the time, or no other debts than one. The other cases on the list called for no remark. The Grand Jury then retired. THEFT.

Harry "Walters was charged with having stolon on I 'the 10th February at Wellington seven .brushes, one cash-box and .£ls in money belonging to John Randall Morgan. The prisoner pleaded not guilty. Mr A. Gray (in the absence of Mr Gully) acted as Crown Prosecutor. It appeared that Mr Morgan is a butter expert, and occupies two rooms of a building in Waterloo quay, the remaining part of the premises being in the occupation of Messrs Dymoclc Bros., bacon-curers. The prisoner, who owns several houses in Nelson street, was employed by Dymoclc Bros, as night - watchman, and some of the brushes alleged to have been stolon were found in his house. The soles of h is boots corresponded with impressions found on the dust of the premises whence the goods were removed. Evidence for the prosecution, was given by John Randall Morgan (the informant), Win. Goss (engine-driver in Dymoclc Bros.’ employ), Constable Bishop (acting-detec-tive), and Geo. Wallcer (bootmaker). The prisoner, upon being challenged, merely said that there were hundreds of pairs of shoes worn in this city which would leave marks corresponding with those stated to have been found on the informant’s premises. The prisoner was found guilty, and sentenced to two years’ imprisonment with hard labour. •FORGERY. Wm. A. Noon pleaded guilty of forging the name of F. H. Woods, auctioneer, Greytown, to a cheque for £5, and passing it to a hotelkeeper named Tucker, at Carterton. His Honor said the prisoner’s age was Stated at 65 years, and he had already served sentences of 14 years, 10 years, five years and three years for similar offences.

In view of his advanced age, howe\ er, he would be inclined to let him off with a comparatively light sentence if he had any friends who would undertake to look after The prisoner was then remanded until Friday, in order that the necessary enquiries may be made. ALLEGED FALSE PRETENCES. Joseph Traynor pleaded not guilty to a charge of having, by means of false pretences, obtained <£6 12s 6d on the 28th January from Arthur Downes (licensee ot the Club Hotel), with intent to defraud. On the application of Mr Wilford, who appeared for the defence, the case was adjourned until Friday, as a material witness for the defence was not present. BREAKING AND ENTERING. Joseph Mason and James Studdon were charged with having, on December 12th, broken into the dwelling-house of F. Bethune, at Manakau, and stolen therefrom -£l4 in money, a quantity of clothing and jewellery; with having at tnesamo time and place stolen a quantity of jewellery and wearing apparel, the property or Mary Bethune ; also on December 11th, at Otaki, stolen a quantity of clothing, &c., the property of John Wilkes. Both the accused pleaded guilty to all the counts of the indictment. Joseph Mason, in answer to the tisual questions, said thoy were now undergoing a sentence of four years, which had been passed on them at Napier. They had given every assistance to the police to recover the articles stolen. His Honor sentenced each of the accused to three years’ imprisonment with hard' labour on each of the charges of breaking and entering, the sentences to be concurrent and to commence at the expiry of the terms to which the accused were sentenced at Napier, and to a period of two years for the theft of clothing at Otaki, the sentence to be concurrent with the previous one. BURGLARY. Jeremiah Dunn pleaded guilty to a charge of breaking into the. dwellinghouse of John H. Farquhar, Ellice avenue, on December 26th, and stealing therefrom 2d in money and several articles, and not guilty to a charge of having broken into the shop of Jacob Frankel, Willis street, on December 16th, and stolen 18 watches, 23 brooches, several rings, and other articles of jewellery and clothing to the value of .£3O. The prisoner was not defended by counsel. Jacob Frankel, second-hand dealer, Willis street, stated that he had left his shop secure on Saturday night, December 15th, and on returning on Monday found that an entrance had been effected by the skylight, and several articles, consisting of watches, rings, brooches, to the value of <£3o, stolen. William Thompson, second-hand dealer, Tory street, said that the accused came to his shop on December 24th and offered to sell the articles produced, which had been identified by the previous witness as' his property. Robert Coley said he was in the plantation on Mount Victoria on New Year’s Day, when he saw a number of watches, chains, &c., wrapped up in a piece of cloth, underneath a tree. Witness fetched the articles to Detective Gantley. Louisa Rees, Lily Thompson, Detective Gantley and Constable Cassells also gave evidence. The accused elected to give evidence on his own behalf, and also briefly addressed the jury. The jury retired at 5 p.m., and after an absence of 20 minutes returned into Court with a verdict of guilty. His Honor said there was nothing known against the accused in this Colony prior to the committal of these offences, but he might have had a history at the other side, from whence ho had come. The accused would be sentenced to two years’ imprisonment with hard labour on each indictment, the sentences to bo concurrent.

The Court then adjourned until 10 o’clock next morning. NO BILLS. No Bills were found against J. Walsh and B. Brooks, charged with assault; 11. McLaughlin, attempted theft; F. Windsor, assault. Tho Chief Justice took his seat upon the Bench at 10 o’clock on Wednesday morning. FORGERY. Duncan Calvert Monteith pleaded guilty to two charges of forgery, viz,., (1) on the 6th January, at Foxton, forging the name of John Kebbell to a cheque on the Bank of New Zealand at Palmerston North for £4 17s Gd, and obtaining tiiis amount for it from Henry Border; (2) on the sth January, at Levin, forging the name of John, Kebbell, publican, Foxton, to a cheque on the Bank of Australasia at Otaki for £4 17a 6d, and on the strength of it obtaining fromThos. James £l, a pair of boots and an order for £l. The prisoner said he was drinking at the time he forged the cheques. It appeared that his age was 69 years, and that ho had been twice previously convicted, getting a sentence of two years at Wellington and a sentence of eight months at Gisborne. His Honor said he did not like sentencing old men, but in this case he felt obliged to impose a sentence of two years’ imprisonment, to commence at the expiration of the term which the prisoner is now serving. ALLEGED BLACKMAILING. Henry Graham, alias Goodward, was indicted upon a charge of having, at Wellington, on the 11th January, extorted payment of £3 18s from Wm. Johnson by threatening to accuse him of indecent conduct. Wm. Johnson, who said ho was a goldminer, not long since arrived from Coolgardie, deposed that on the afternoon of the 11th January he went for a walk to the Catholic Cemetery. He met there a young woman, and they sat down and talked together, subsequently moving on to the. hill at the back or the cemetery. After they had been seven or eight minutes together witness 1»’999 w g°?

when the prisoner suddenly appeared, said he was a policeman off duty, accused witness and the woman of improper conduct, and asked witness if he would go quietly to the Police Station or have the handcuffs put on. Witness said he would go quietly. As witness and the prisoner proceeded towards the Terrace, "witness asked him if the. matter could not be squared. Prisoner at first demurred, saying two other policemen kneiv of the affair. After going a few yards further, witness repeated his question. Prisoner then asked, “How much money have you ?” Witness searched his purse and found he had <£3 18s. The prisoner said it was not enough, whereupon witness offered to meet him next day and give him .£5 more. The prisoner agreed to this, accepted the .£3 18s and let witness go. Witness at once proceeded to the Police Station, and gave information to the police. Cross-examined : His real name was George William Johnson Alves, and he had a wife at Timaru. Three weeks ago he was sentenced to two months imprisonment 'for false pretences. He was guilty of no impropriety with the woman. Kate Sullivan, who described herself as housekeeper for a gentleman, said that on the afternoon of the lltli January she met the last witness accidentally at the gate of the Catholic Cemetery. They entered into conversation and sat down upon the hillside in the cemetery, where they remained about ten minutes. Witness saw the prisoner below them in the cemetery. He appeared to be looking - at witness and Johnson through a telescope. Subsequently Johnson and witness left the cemetery and went higher up the hill, and sat down again. A few minutes later prisoner came up, made his accusation and took away Johnson, although witness advised Johnson not to go with him. The prisoner returned to witness and made improper proposals to her. She defied him, and he went away, saying he had to put on his uniform in order to go on duty at 5 o’clock. Witness followed him and saw him enter Te Aro Hotel. She then gave information to Detective Gantley. Cross-examined: There was no improper conduct between herself and Johnson. She wanted companionship for the afternoon, and was courting Johnson that afternoon with a view to matrimony. Richard Mitchell, wharf labourer, Henry Moxham, a boy of 13, Kate Weaver, wife of Charles Weaver, a labourer, Herbert Jager, traveller for typewriters, Detective Gantley and Mary Ann Moxham also gave evidence for the prosecution. No evidence was called for the defence. Mr Wilford addressed the jury on behalf of the accused. The jury retired at 3.5 p.m. and after an absence of 35 minutes returned into Court with a verdict of not guilty. ALLEGED THEFT. John Fairburn was charged with having, on October 26th, at Wellington, stolen one silver watch and one gold chain, the property of Ulric Norburg, a lamp trimmer on board the Hinemoa. Mr Wilford appeared for the defence. Ulric Norburg, lamp trimmer on the Hinemoa, said he took a watch to Mr Bell, watchmaker, Cuba street, to be repaired in October last, and got the loan of another until his own was repaired. This watch was stolen out of the pocket of his waistcoat which ho had left hanging up in his berth in the Hinemoa. A gold chain, worth about <£7 10s, was also taken. N. W. Bell, watchmaker, Cuba street, identified the watch produced as the ono lent to the prosecutor. Joseph Metz, .pawnbroker, Cuba street, remembered the accused pawning the watch produced with him about the end of last December, on which the witness lent Walter Thompson, secondhand dealer, said that accused came into his shop on the 19th of February, and informed witness that ho was in trouble about a watch and chain, which ho had got from a youn«• man who said he was a steward on board the Hinemoa. He stated to witness that he pawned the watch, and did not know whether lie got 5s or 10s for it. Constable Bishop gave evidence as to the arrest of the accused. Geoge Newton, labourer, stated that he sold a*watch somewhat similar to the one produced, but uot so large, to tbo accused about the beginning of December. Catherine Newton, wife of the last witness, also gave evidence. This concluded the caso for the prosecution. ~ The accused, who gave evidence on his own behalf, stated that he got the watch which ho pawned from George Newton. To Mr Gray: He was not living in Wellington at tho time the watch was stolen. George Johnson, storekeeper, Mastorton, had known the accused for about 18 months, and considered liiin a straightforward man. , The jury retired at a quarter-past o, and, after an absence of 15 minutes, brought m a verdict of not guilty. The Court then adjourned until 10 o’clock next morning.