THE COURTS.

New Zealand Mail, Issue 1267, 11 June 1896, Page 38

THE COURTS.

SUPREME COURT.

CRIMINAL SITTINGS. The Chief Justice took his seat on the bench at 10 o’clock yesterday week. THE LOCKED-UP JURY. The jury locked up during the night in the case of Harry Fields, on a chargo of forgery, on coming into Court announced that they had agreed to a verdict of not guilty. Tho accused was discharged. HORSE-STEALING. Charles Guroto, alias Bismarck, was charged with tho theft of a horse, tho property of Richard Lourvig at Danevirko on 2Gth February. Tho accused pleaded not guilty. Sir Gully appeared for tho Crown, and Mr Wilford for the accused. The evidence of Richard Lourvig was to the effect that he turned out the horse, which had been in his possession for five years, on the public road on the eveningof 20th February, and had not seen the animal after, until about six weeks ago in "Wellington. Ho recognised the animal found in possession of tho accused, by certain marks, as the one stolen from him. The horse was afterwards traced to Wellington, where it was proved that accused attempted to sell it. The accused went into tho witness-box, and said that lie got the horse from a man ho met on tho road to Palmerston, and to whom he gave a horse in exchange. The jury retired a few minutes before 1 o’clock, and after an absence of an hour, returned with a verdict of guilty. Tho prisoner was remanded for sentence until next morning. The Chief Justice took his seat on the Bench at 10 o’clock on T 1 ur.-.day morning. HORSE-STEALING. Charles Guroto alias Bismarck, convicted on the previous day of horse-steal-ing, was sentenced to two years’ imprisonment with hard labour. ALLEGED FALSE DECLARATION. Andrew Suttee pleaded not guilty to a charge that ho, on the loth day of January, at Carterton, did make a false doclaraf ion before Thomas Proctor and Alfred BiMi, two Justices of tho Peace, that he saw drinking and dancing and other irregularities going on at the Royal Oak Hotel, Carterton, on January 13th, during prohibited hours, and that Constable Darby was there drinking at tho time. It was alleged, also, that Constable Darby had a drink on tho following evening with the accused at tho White Ilait Hotel alter closing hours. Mr Wilford defended tho accused. In consequence of Suttee’s allegations, prosecutions were instituted against tho licensees of the two hotels. The . cases were dismissed, and a warrant was issued for the apprehension of Suttee, who had left the Colony. He was arrested in Sydney and brought back to answer this charge and also another arising out of the same caso. The case for tho prosecution had not concluded when the Court rose. Tho jury woro allowed to return to their homes, and tho accused was admitted to bail until next morning. Tho Chief Justice took his seat on the Bench at 10 o’clock on Friday morning. THF. SUTTIE CASE WITHDRAWN. The case in which Andrew Suttio was charged with making a false declaration before two Justices, at Carterton in January last, was resumed. During the evidence of one of tho witnesses, tho Chief Justice called forward Mr Proctor, one of tho Justices who witnessed the declaration, and asked him a question with reference to that matter. After one witness had been examined Sir James Prendcrgast intimated that lie did not see much use in proceeding with tho case. It was evident that the accused was in a muddled state at the time ho made the declarat ion. The country, added tho Chief Justice, had been put to considerable expense through the intermeddling of some persons. Mr Gully acted on the suggestion of tho Chief Justice and withdrew tho case from the jury. Tho Crown Prosecutor entered a nolle prosequi in tho charge of perjury and tho accused was discharged. ALLEGED INCURRING OF MEET EY FRAUD. John Read pleaded not guilty to a charge of incurring debt by fraud. The caso for the prosecution was that tho accused obtained board and residence from the end of November to tho end of March from Alfred Crossoy, Terminus Hotel, by representing that he had money in the bank at Ashburton, which on in vestigation proved to bo incorrect. When pressed for payment of his account in February, he gave Mr Crossoy a promissory note, which on maturing in March was not met. Mr Wilford appeared for tho accused. Tho accused gave evidence on his own behalf, and said that lie gave authority to his wife to operate on funds which lie placed in tho Bank of Now South \V ales to his wife’s credit. Tho jury retired about half-past !•, and up to 10 o’clock had not agreed ou a verdict. They were then locked up for the night. Tho Court adjourned until 10 o’clock next morning. On the Court resuming on Saturday, tho jury were still unable to agree, and were discharged. A new trial was granted. Tho Chief Justice took his seat on tho Bench at 10 o’clock on Monday morning. ALLEGED ASSAULT AND ROEEERY. David Ilaining pleaded not guilty to a charge of assaulting Ah Pat, a Chinese fruiterer residing in Webb street, on April 25, and robbing him of the sum of 19s on the same date. Air Gully prosecuted, and Mi* "Wilford defended tho accused,

The evidence for the prosecution was similar to that given in tho Lower Court. After an absence of an hour and 40 minutes the jury brought in a verdict of not guilty. Tho accused was discharged. ALLEGED INCURRING DEBT BY FRAUD. John Read pleaded not guilty to a charge of incurring debt by fraud. The accused had been tried on Friday, but the jury, after being locked up all night, could not agree on a verdict. Mr Wilford defended the accused. After a retirement of about half an hour tho jury brought in a verdict of not guilty. The accused was discharged, and the Court adjourned until 10 o’clock next morning. CHRISTCHURCH. At the Supreme Court, Christchurch, when tho case of larceny from the person against Joseph Traynor and Denis McGrath was called on, McGrath, who was on bail, did not appear. The Crown Solicitor, Air Stringer, said that from information he had received ho had expected that there would be no appearance, and he applied for the recognisances to be estreated. The Judge made an order for the recognisances—one surety in =£loo—to bo estreated. G. J. Eden was found guilty of passing valueless cheques, and sentenced to three years’ imprisonment. DUNEDIN. At the Court last week, tho Crown Prosecutor said lie did not think he was over-stating matters if he said that there was hardly an important case tried in any Court in this part of the Colony in which perjury was not committed on one side or other. Ho attributed this to prosecutions being so rare. He thought it would be a good idea to have tablets on the walls giving tho definition of perjury in tho Criminal Code, so

that witnesses would have it before them to remind them of tho consequence of falso testimony. Alongside it might be posted the Ninth Commandment. AUCKLAND. Gavin Alaclntyro Park was charged at the Court last week with having on the Ist February, at I'aupo, stolen ,£2G in money which was in his possession as an ollicer of tho Government. 110 pleaded guilty. AH* MacGregor, who appeared lor the accused, said that at last session the accused had pleaded guilty to having stolen j£l42 in the month of February, and evidence was produced which showed that the accused had been 30 years in the public service and that lie had applied for his retiring allowance, amounting to .£530; and it appeared that ho had appropriated this money in the expectation of refunding it from his retiring allowance. The Judge had admitted accused to probation, and three weeks later he was arrested on tho charge of having on the Ist February stolen =£2(s. In reply to the Judge, Air Camming, auditor, said if fresh defalcations wore discovered lie should apply for instructions. Judge Conolly said ho would have to practically admit that he was wrong if he subjected the prisoner to further punishment. He ordered that ho be admitted to probation lor nine months, to be concurrent with the previous term of probation. Seaman pleaded guilty to three charges of the larceny of the money of tho road boards of which he was formerly clerk, and was sentenced to 12 months’ imprisonment.