THE COURTS.

New Zealand Mail, Issue 1202, 15 March 1895, Page 32

THE COURTS.

SUPREME COURT.

THE CRIMINAL SESSIONS

His Honor the Chief Justice took his seat upon the bench at 10 o’clock yesterday morning week. THE KAIKOUKA ASSAULT. Geo. Todd, Jeremiah Kelly, Robt. Wm. Mountain (firemen) and John Callaghan (boatswain’s mate), lately of the Kaikoura, were placed upon their trial upon a charge of having assaulted on the 26th December Wm. James Harris (a quartermaster of the vessel) with intent to do him grievous bodily harm. There was a further count of having inflicted actual bodily harm upon Harris. Messrs Poynton and Wilford appeared for the prisoners, who pleaded not guilty. The evidence was substantially the same as that adduced in the trial of Jeremiah Crawley the previous day. No evidence was called for the defence, and Mr Poynton addressed the jury, who retired at five minutes to 3, and, after an absence of one hour and 40 minutes, brought in a verdict of guilty qgainst Jeremiah Kelly and Robert W. Mountain on the first count, and guilty against George Todd and John Callaghan -on the second. The accused were remanded until- next morning to come up with Jeremiah Crawley for sentence. THEFT. John Doyle and Thomas Shaffery were charged with having stolen the sum of <£23 from Laurence Farrelly on the 30th November last, at Wellington, and with receiving the same knowing it to be stolen. The accused pleaded not guilty. On the application of Mr Wilford, who appeared for Shaffery, His Honor, ordered the accused to be tried separately, and the case against Doyle was taken. This prisoner was not defended by counsel. Patrick Casey, hotelkeeper, Lower Hutt, remembered taking charge of a sum of £24 for the,prosecutor in November last and giving it back to him next day, less 8s expenses. ■

Laurence Farrelly, farmer, residing at the Lower Hutt/ deposed that when the last witness gave him the money, he came to Wellington and had drinks at the Thistle Inn, National and Bank Hotels, and after that engaged Shaffery, who drove him to the Panama Hotel, where he had a drink, after which they drove to the Albert Hotel. After they left,' they met Doyle and a woman, and drove to the Kilbirnie Hotel and had dinner there. They drove around by the bay, and when they were about two miles from the hotel the cab stopped and Doyle, standing on the step, put his hand into witness’ fpoeket and snatched a roll of notes, two of which fell on the floor of the cab. Witness caught hold of Doyle and got out on the roadway, but Shaffery came up and catching hold of him by the leg tripped him on his knees. The woman cried out that they were robbing the : man. Witness then left and called at a house which was close by and came on to Wellington soon after. To the accused : He had about 12 or 13 drinks, more or less, during the day. Mary Minola and Maud Craig gave some unimportant evidence. Kate Lane, who went in the cab to Kilbirnie on the day of the alleged robbery, corroborated mainly the evidence given by Farrelly. Frank John Preston, hotelkeeper, and Detectives Herbert and Gantley were also examined. For the defence, the accused called Thomas Shaffery, the other man charged with the robbery. Shaffery said that in the absence of his solicitor he should decline to answer any questions. Doyle then went into the witness box, and made a statement as to his movements on the day of the alleged robbery. He denied taking Farrelly’s money. The jury retired at nine o’clock, and, after an absence of 20 minutes, returned with a verdict of guilty on the first count. Sentence was deferred. The Court then adjourned until 10 o’clock next morning. His Honor the Chief Justice took his seat upon the bench at 10 o’clock on Friday morning. ■ SENTENCES. Wm. A. Noon, convicted of forgery upon his own confession, was brought up for sentence. Mr Garvey (probation officer) handed to His Honor a letter from the Rev Mr Grace, of Greytown, stating that the prisoner had been well conducted during his residence in the Wairarapa, and promising after the prisoner’s discharge from gaol to take an interest in him, and to find employment for him. His Honor said that in view of this promise, and in consideration of the prisoner’s advanced age, the fact that he was not likely to commit any crime of violence, and /that he had already been three months in gaol, he would let him off with a light sentence. ’ '

The prisoner was tjhen sentenced to four months 1 imprisonment with hard labour. Jeremiah Crawley, Jeremiah Kelly, Robt- Wm. Mountain, Geo. Todd (firemen), and John Callaghan {boatswain’s mate), of the s.s. Kaikoqra, next came up for sentence. They had been convicted of assaulting Wm. James Harris (one of the quartermasters of the gaikoura) on posing night,

Crawley, Kelly and Mountain being found guilty of assaulting with intent, and with occasioning actual bodily harm ; Todd and Callaghan being found guilty merely of assault with intent to do grievous bodily harm. AT" Mr Wilford addressed the Court in mitigation of sentence. He said that all the. prisoners, excepting Mountain, were married men with wives and families in England, and that none of them had ever appeared in Court before. . . . J c

The witness Bearhan deposed that about an hour prior to the assault on Harris, Callaghan and Crawley had assaulted Pleaee. ; v.v

His Honor, in passing sentence*. said that for a number of sailors to coriibino together to make an attack even without weapons on board ship was quite intolerable. The use by Crawley of such dangerous Aveapons as, firstly, a glass bottle to strike Harris, and then after the bottle was smashed, of the neck of the bottle to deal at any rate two more blows, must certainly be taken into account. Crawley’s sentence would be 18 months’ imprisonment with hard labour. Mountain, who had used upon Harris a belt weighted by a buckle, would be sentenced to 12 months, and Kelly to nine months’ imprisonment, with hard labour. He must treat Callaghan as having set the whole thing going and then sneaked away, leaving the rest to chance. Todd would seem to have got enough punishment at the beginning of the affray, so that he did not care to expose himself to any more. Callaghan and Todd were sentenced to six months’ imprisonment with hard labour. ALLEGED FALSE PRETENCES.' Joseph Traynor, charged with false pretences, was next placed in the dock. The case had been adjourned in'order that the attendance might be procured of a material witness for the defence. Mr- VVilford, who appeared for the prisoner, explained that this material witness, although Avritten to, had not turned' up, and had not answered the letter. He was a tradesman at Hastings, and was a friend of the accused. He (Mr Wilford) had applied the previous day to tbe Justice Department for payment of his expenses. ' The case was adjourned until next day (Saturday) on the understanding that, if necessary, it will be adjourned again. ALLEGED THEFT. Thomas Shaffery was charged with having, together with John Doyle, stolen <£23 from Lawrence Farrelly at Wellington on the 30th November. There was another , count charging him with receiving the money known it to have been stolen. The prisoner, who was defended by Mr Wilford, pleaded not guilty. The evidence offered was substantially the same as that adduced in the case against John Doyle, convicted on the previous day. No evidence-Avas given for the defence. ; The jury retired at a quarter past four/ and after an absence of three hours and 40 minutes returned into Court with a verdict of not guilty. The Court then adjourned until 10 o’clock next morning. His Honor the Chief Justice took' his seat upon the Bench at 10 o’clock on Saturday morning. / THE EyANS BAY ROBBER?. . John Doyle, convicted of the robbery of £23 from Laurence Farrelly/ farmer, LoAver Hutt, was brought up for sentence. His Honor remarked that although the, prisoner Avas only 23 years of age he had put up a bad record. His first conviction Avas in 1879. So far as the present case was concerned His Honor was of opinion that, the guiltier man had escaped, viz., the cabman Shaffery. Doyle he believed was merely an instrument in the cabman’s hands. The prisoner was sentenced to 18 months. traynor’s case. In the case of Joseph Traynor, charged with false pretences, the Acting-Crown Prosecutor (Mr Gray) said that he had subpoenaed the witness from Hastings who was required for the defence. The case was then set down for Tuesday next. ALLEGED BURGLARY. David Shannon, Arthur Poulspn, Michael Knight and CJias. Westbrook Avere indicted upon a charge of having been unlawfully in the dAvellinghouse of Wm. Henry McLellan (licensee of the Foresters’ Arms Hotel) at ten o’clock of the night of the 27th November, with intent to commit a felony. The prisoners pleaded not guilty. Westbrook and Knight were tried separately from Poulson and Shannon, oh Mr Wilford’s application, and were tried first. ■ -/■ ;1

Christina Olsen deposed that she was a domestic servant at the Foresters’ Arms Hotel, and occasionally assisted in the bar. On the night of the 27th November, between 9.30 and 10, she saw the prisoners in the bar parlour in the company of Shannon and Poulson. Some time afterwards Mrs McLellan and witness went upstairs, passing Shannon and Poulson at the foot of the stairs. Mrs McLellan and she proceeded to witness’ bedroom, the door of which was found partly open. Witness entered and Westbrook came from behind the door, caught hold of her by the waist, and over her shoulder tried to blow out the light held by Mrs McLellan. Mrs McLellan started screaming, and witness wrenched herself away from Westbrook, and in leaving the room perceived Knight behind the door. Subsequently she found that the contents of her box had been disturbed, and that some of her clothing had been taken down from the pegs and was lying on the floor. Mrs McLellan, W. H. McLellan (licensee of the Foresters’ Arms Hotel), W. J. Durham and Detective Gantley also gave evidence. ,

This closed the case for the prosecution. The accused Westbrook gave evidence on his own behalf, and stated that he and the others had been drinking in the hotel On the night in question, and Knight

feeling' ill -went upstairs and lay down on a bed in a room, and when he (Westbrook) had gone to fetch him Mrs McLellan saw them. The accused Knight also went into the witness box and stated that he owned a fourth share in some freehold property at the Lower Hutt. He was drinking during the evening in question in the Foresters' Arms, and feeling sick went upstairs to have a sleep. He recollected nothing after until he was aroused by Westbrook. The jury retired at 3.35 p.m., and, after an absence of 10 minutes, returned with a verdict of not guilty. On the application of Mr Wilford, the same jury -was empanelled and formally acquitted the other two accused—Arthur Poulson and'Havid Shannon —the Crown offering no objection. , The Court then ■ adjourned until 10 o'clock .on Monday morning. His Honor the Chief Justice took his seat upon the Bench at .10 o’clock on Monday morning. ' . U ;—- -ALLEGED PERJURY. Patrick Moloney was arraigned upon an indictment charging him with having committed per jury on the Bth January in the Magistrate’s Court at. Wellington by falsely swearing on the nearing of an information against him for assault that he had never raised his hand against nor struck William Edward Bartley.

-The prisoner, who was defended by Mr Skerrett, pleaded not guilty. Mr Gully (Crown Prosecutor), having opened the case, called-William Pattison James,:; Clerk of the Magistrate’s. Court, who produced the information upon which the accused was charged on < the Bth January, before Messrs Ashcroft and Lachman, Justices, with having caused a breach of the peace by striking William Edward Bartley. ; He said Moloney was called as a witness on that occasion, and swore that he had never raised his hand to or struck Mr Bartley, the informant. . , Edward Powell, dentist, of. Blenheim, deposed that on-the 12th December last he was on . the reclaimed land near the Te Aro Bailway Station in company with. Mr Bridge and his 'son. He saw a collision take place between a cab and a pony. The pony, which was led by Mr Bartley and ridden by a boy, became restive and backed intoithe cab, the hind wheel of which forced down the rump of the pony and caused the boy to fall off its back. ' Mr Bartley addressed some words of remonstrance to the driver, and, the latter having replied; the matter seemed likely to go no further, when Moloney alighted from the cab; walked up to Bartley, and, saying he had too much to say, struck him on the lip, and Mr Bartley fell down. Other people came up, and the affair ended there. . . ■ , Herbert Burns Bridge, journalist, Oriental!. Bay ; Cecil Dare Bridge, son of H f B. fridge; L, C. Woolcott, William Edward; Bartley, and John Finlay also , gave evidence. This closed the case for the prosecution. ■ John Sutherland, who was called for the defence, said that he was opposite the cab when the occurrence took place. When the ppny was under the arch of the cab, Moloney got out of the ciab and pulled the pony out. He did not see any blow struck. J Joseph Paget, blacksmith, deposed that hjb saw Moloney pull the pony out and then ride away in the cab. (Arthur Mitchell, farmer, John P. McLeary, master of the Benevolent Home, Thomas Crisp, David Bray, storekeeper, George Adams, William Smith, and Henry A. Jones were also called. *

The jury retired at a. quarter past 5, and after an 1 absence of three-quarters of an Hour returned a verdict of not guilty, and the accused was discharged.

"’;f' Tuesday, March 12th. / (Before the Chief Justice.) fABLEOBD FALSE PRETENCES. rr Joseph Tray nor pleaded not guilty to a charge of having, on the 28th January last, attempted to obtain from Arthur Downes, of the Club Hotel, the sum of <£6 12s 6d by means of,false pretences. Mr Wilford appeared for the acciised. ; Mr J. Nicol was foreman of the jury, j = Evidencfe was given by Arthur Downes to the effect that the accused stayed at his hotel in January, remaining there until the 29th. On the 28th he offered witness a cheque for JBi'2 on the Bank of New South Wales, in payment of his board account, which .amounted to between £5 and,\£6., Witness asked accused if it was his usual signature to the cheque, and he v(Traynor) said that he would put his name on the back, and did so. As Mrs Downes had the keys of the cash box, witness said he . could not cash the cheque. Under -cross-examination, the witness said he could have cashed the cheque, but excused himself from doing so. ' ■ ‘The night porter at the hotel (John : William Bartley) stated that on the morning of the 29 th, Tray nor said he Wanted to see Mr Downes about changing a cheque which he had given him. . r:Mrs Downes deposed that Traynor gave her the cheque in payment of his account, but she said , she was unable to cash it. She asked him for it, as she suspected that jt.was not correct, and that was why she wished to keep it. ; \David Whytock, stationer, Hastings, said the accused, whom he had known as a resident of Hastings, had met him in Willis street on the 25th January, and asked him for a cheque out Of his book. Witness gave him one on the Bank of New South At accused’s request he filled in the cheque, and Trayhor, signed it. He denied that he had promised the accused that he would See the cheque right. If Traynor had asked him for help lie would have lent him £l2. Further evidence was given by A. D. ■Galbraith, clerk in the Bank of New South /oWale.B, Hastings, and Constable Hutton. .’-The accused gave evidence on his own ■behalf. He stated that having lost money -at the races, he. asked Whytock to lend him’ .£l3, latter said he had net;

sufficient money hut he would give him a cheque. He gave him the cheque next day, asking witness to sign it, and stating that he (Whytook) would see that it was met at Hastings. The jury retired to consider their verdict at 1.15 p.m., and returned two hours later, the foreman asking His Honor the following question : —lf eleven of the jurymen decided for guilty, and the twelfth would not convict because of personal feeling, what were they to do ? He stated that if the case had occurred in a mercantile establishment instead of a publichouse the conscience of the dissentient would not have been troubled. He asked if it would be sufficient for the juror to simply recognise the guilt of the prisoner, and allow the remainder to return the verdict. His Honor: No. The whole jury must find the accused guilty or not guilty. The jury then retired again. As there was no prospect of the jury agreeing, His Honor at 10.20 p.m. adjourned the Court until 10 next morning. ALLEGED ASSAULT. A young man named Arthur O’Connell was indicted on a charge of having on the 28th December last committed an assault upon John Creighton, causing him actual bodily harm. The accused pleaded not guilty, and was defended by Mr Wilford. Mr B. Brown was foreman of the jury. The circumstances of the case came before the Magistrate’s Court recently. It was alleged that a dispute had taken place between the prosecutor and the complainant, and that the latter struck Creighton, knocking him down, in consequence of which he sustained concussion of the brain.

The jury, after deliberating 25 minutes, returned a verdict of not guilty, and the prisoner was discharged.

Judgment was given on Monday morning by the Chief Justice on behalf of the Court of Appeal in the case of Cattell (appellant) v. New Zealand Land Settlement Company (respondents), which had reference to dealings in connection with the Paremata Block, the amount involved being about ,£6OO for - rent. Judgment went fo»‘ the respondent Company with costs. Messrs Edwards and Skerrett were for the appellants, and Messrs Geo. Hutchison and Gully for the respondent Company. .