LATE COURT NEWS.

New Zealand Mail, Issue 1201, 8 March 1895, Page 17

LATE COURT NEWS.

SUPREME COURT.

THE CRIMINAL SESSIONS. -The Chief Justice took his seat upon the ’ Bencl at 10 o'clock on Wednesday morning. • * ' A QUARTERMASTER ASSAULTED. Geo. Todd, Jeremiah Crawley, Jeremiah -Kelly, feobt. Wm. Mountain and John Callaghan were charged with having, on the 26th December, at Wellington, assaulted Wm. James Harris with intent to do him grievous bodily barm. There was a •„ further count of having done actual bodily harm to Harris. The prisoners, who were defended by ■; Messrs Boynton and Wilford, pleaded not guilty. , On the application of Mr Wilford, it was agreed to sever the defences of the prisoners, and the Crown therefore decided to proceed first with the trial of Crawley. Wm. James Harris deposed that he was a quartermaster of the s.s. Kaikoura when she wa3 in Wellington during __ the last Christmas holidays. He returned to the • Bbip about 9.45 o'clock on the night of December 26 (Boxmg Day), after a day’s liberty, and went straight to his quarters'. Callaghan (boatswain’s mate), Crawley, Todd and several other fireman were talking rather noisily just at the break of the forecastle, and witness went out and requested them to go away to their own . quarters. Callaghan refused to do so. Witness then walked away to the fore- , castle, and while he was standing there Callaghan came up accompanied by - ■ Crawley and Todd. Todd made a rush at .. witness, and struck him. Witness struck v , back, and Todd fell on a chest. Crawley then rushed, and witness struck back in self-defence. Kelly and Mountain next joined in the melee. Mountain was armed .... with a waist-belt weighted by a heavy buckle, and with this article he struck witness on the head and face. While he was trying to take the buckle from Mountain witness was struck on the head ; by a bottle, and another “ clout ’’brought • him down on his knees and half dazed him. At this time Crawley, Todd, and Kelly were “ on ” him, and they half tore his flannel off him. When he recovered his senses and got on his feet again the men were still round him, and he went at them once moie. As his right forearm was bleeding he retreated to the upper part of the forecastle, snatched up a shirt and wound it round his arm. The fighting continued some time longer, witness kicking at his assailants, when his right arm began to fail him through lovs of blood. Finally he called out for the second officer, and on hearing the , second officer approach the men who had been assaulting him went away. As effects of the assault hehad a i; wound on the right fore-arm, a wound on the left shoulder, and wounds on the head and nose. Hehad given his assailants no provocation. He believed the men had a against him because a fortnight previously he had assisted the police to arrest a steerage passenger for using obscene language. Thomas Pleace, a sailor on the Kaikoura in December last, stated that he saw Crawley strike Harris twice with a vinegar . bottle. Harris was brought to his knees, i and witness dragged Crawley off him. At • this time Mountain and Kelly were tearing of Harris’ singlet. He did not see anybody with a knife. I

Dr Cahill gave evidence as to Harris’ injuries, and George Bearh an, a sailor from the Kaikoura, was also examined as to the assault* Crawley picked up a bottle from the table and smashed it over Harris’ head, the blow bringing Harris to his knees. Mountain was striking Harris over his head and face with a buckle.

Constable Johnßton gave evidence as to visiting the Kaikoura upon hearing of the assault and arresting the prisoners. Harris seemed to be quite sober.' The jury retired at 2.30 p.m., and after an absence of 50 minutes brought in a verdict of guilty on the first count. Sentence was deferred until the conclusion of the tiial of the others.

ALLEGED BREACH OF THE BANKRUPTCY ACT. John Cummings was charged under the provisions of the Bankruptcy Act (1) that .being a person adjudged bankrupt he did prior to his bankruptcy on 18th October, 1893, incur a debt with James Jones, Eketahuna, by false pretences; (2) that he did within three years of the presentation of the petition for bankruptcy by false representation obtain goods from the said James Jones on credit} (3) that he contracted the debt without having reasonable prospects of paying for the same. Mr Skerrett, who appeared for the accused, subinitted that under subsection 1, section 383, of the Bankruptcy Act, the third count of the indictment should be quashed, as the evidence taken in the Court

' below referred only to the first two counts. Healso submitted that the first two counts should be quashed, as they failed to set out the false pretences. His Honor held that the first and second counts were especially disclosed in the depositions, but upheld the contention with regard to the third count, which was accordingly struck out. The accused pleaded not guilty. Frederick Henry Ibbetson, Clerk of the Magistate’s Court, Masterton, produced certain documents in connection with the bankruptcy of the accused. W. B. Chennells, Deputy-Official Assignee, said he received a statement of the bankrupt’s assets and liabilities after he had been adjudged bankrupt in June 1894. He recognised the document put in as the list of creditors given witness by the accused at the tiipe of his bankruptcy. James Jones, storekeeper, Eketahuna, said he came to know the accused in July, 1893, when he came to his shop for some goods. Accused bought .£9 worth of goods, half of which he paid for at the time. Accused promised to pay the balance in a month, but did not do so until October following. Accused then asked for some more goods, and on being asked why he had not kept his promise, replied that he was busy on his section, and had not time to come in. He said he had seven heifers, and having plenty of grass he would like to keep them for some time so that they might improve in value. He said he would sell the cattle in December, and that lie would pay for the goods about the 10th or 12th of December. Accused volunteered a statement at the time that he owed no money. Witness’ clerk was present while this conversation was going on. A little after this a Mr Bodmin, Hawera, came in, and witness had a conversation with him. When Bodmin left, witness asked accused if he did not owe Bodmin some money, which he answered in the affirmative. Accused bought about J>l6 worth of goods at the time, and promised to pay for them in Witness never received any money for these goods. Cross-examined: He did not make any enquiries of the accused when he got the goods on the first occasion. He heard in January that the accused had no cattle. He did not hear that the accused had had bad luck in his family at that time, that his son had broken his leg, that one of his children had died, and that lie had eight children to support. H. B. Slade, book-keeper, said he .vas in the last witness’s employment in October, when accused came for some goods. His evidence was mainly corroborative of that of the previous witness. Andrew Henderson, storekeeper, who was in the employment of James Jones in October, 1893, gave similar evidence to that of the previous witness. William Arthur Berry, settler, Tutaekara, said that the accused had a section near his, but had never known Cummings to have more than one cow. He did not know if Cummings had another section. Accused was to the best of his knowledge a sober man.

T. G. Waitt, clerk in the Crown Lands Office, F: Walthers, formerly a storekeeper, Mangatainoka., and W. A. Bodmin, settler, Tutaekara, also gave evidence. This closed the evidence for the prosecution. No evidence was called for the defence.

The jury retired at 20 minutes to 6, and after an absence of five minutes brought in a verdict of not guilty. The Court then adjourned until 10 o’clock next morning.