SUPREME COURT?

New Zealand Mail, 8 February 1900, Page 36

SUPREME COURT?

CRIMINAL SITTINGS

MONDAY, FEBRUARY 6.

(Before His Honor Sir Robert Stout,

C.J.) : ; j The criminal sittings of the Supreme Court opened before his Honor the Chief Justice yesterday morning. GRAND JURY.

The following were empanelled a Grand Jury:—Messrs J. Coates (foreman), J. Calcinai, C. A. Innis, G. E. E2son, R. M. Simpson, W. L. Palmer, W, C. Chat-field. F. Taylor, F. C. Crea-e, li. Leicester, G. Humphries, IV. Allan, O. McArdle, T. AV. Pilcher, J. H. Hall. R. Motlies, R. Maudsley, G. H. Beylis, \V. Nathan, T. C. F. Duncan, V 7. Higginbotham, F. J. Roachand J. H. "Whitton. HIS HONORS CHARGE. His Honor, in charging the Grand Jury, said the number of cases was rather larger than usual at this . time of the year, and many of them were cases of theft. Notwithstanding that worn: seemed to be plentuul, . there were some persons who, in spite of their opportunities of earning their own living, could not leave other people's property alone. There were unfortunately two cases of sexual crime —cue, a Very distressing case, and a grave reproach to our civilisation. It was that of a yeung man, the uncle of a jj'nild only five years of age.. The" child seemed to have been outraged, but the details -were such that he did not think it proper to comment on them. The other case was that of having had immoral relationship with another young girl, fourteen years of age, who seemed to have led an immoraf life. That, however, in our law, was no defence. The only defence that the accused could raise, if he did not deny the immoral relationship, was that he thought the girl was sixteen years of age c-r over. However, that was a defence that would have to be considered by the ,jury that tried him. There were also several cases of false pretences, and in this connection his Honor remarked that, unfortunately in this colony storekeepers and licensed victuallers did not seem to’ take much trouble oo ascertain whether a man had a bank account or not. If a man presented a cheque, they were only too ready to cash it, even though they did not know the person presenting it. The cases to- come before the jury were generally of a simple character, and their duty was simply to say whether or not they thought the evidence _ warranted the-' cases being sent for trial. PLEAS OF GUILTY.

Henry Williams, alias Northey, pleaded guilty -to a charge or obtaining by false pretences sums of. £2 10s and £2 ilj-S respectively from Owen McWilliams, at Palmerston North, and also with having obtained" a mare, saddle and bridle from George Taylor, at Palmerriton North. He was remanded for aentence till this morning. George Gleiser pleaded guilty to a charge of having stolen a ring, the property of Florence Fulton, at Welling-, con on the 20th January. He was also remanded for sentence till this morning, James Amos was indicted for the theft, between Ist September, 1899, and 2nd January, 1900, of a quantity of articles, the property of the United Farmers’ Co-operative Association. He pleaded guilty, and was remanded for sentence till to-day. Martha Tainui, a young half-caste woman, pleaded guilty to a charge of forging an order to deliver goods, and of attempting to obtain goods from J, Ktrkcaldie by false pretences. She wab remanded for sentence till this morning. 1 ■ ■

ALLEGED ASSAULT AND ROBBERY. Daniel Otiakley pleaded not guilty to ah indict charging him with having assaulted John" Robertson at Wellington on December 22nd last and robbed him of a sovereign, a sovereign-case .and chain. Mr Gully acted as Crown Prosecutor and Mr Young 'defended. Mr 3EL D. Baker was foreman of the jury. - ' . The case for the prosecution was that Robertson, who is a steward on . the a. 3. Wakatu, was.at-iha Panama Hotel on. the evening of the 22nd December, and while there he, in view ci the accused, produced a sovereign-case and changed a sovereign, -leaving another 'sovereign in it. He left the hotel about 11 o'clock and walked to the Basin Reserve to see a friend. He did not. however, speak to anyone, or go in anywhere, and on returning through Taranaki street met accused, who asked him for the loan of 2s. Robertson -.handed him that amount, whereupon -accused struck him a violent blow in the face, snatched his. watch-chain and .sovereign-case, and made off with ft. The Crown put in a statement by accused when before the lower Court that he found the case and chain in his possession the following morning, but lie did not know how he became possessed of it.

Dr Fyffe, called by Mr Young, said accused had acted as driver -for him. He had always found him a thoroughly honest, sober and a good boy. Mr Young addressed the jury for the defence, contending that the "evidence was not sufficient to substantiate the charge.

The jury retired, and after a few minutes’ absence found the prisoner guilty of theft. His Honor said he would consider the question of admitting prisoner to probation, and remanded • him till this morning. . < THEFT OF CHURCH PROPERTY: Ilenry Hargreaves, alias Cook, alias Taylor, .was indicted for the theft of a quantity.-of goods, the property, of the trustees of the Baptist Church) Wellington, on October 30th. Prisoner said he sold the goods, but did not know they were stolen. A plea of not guilty was entered. Mr Gully prosecuted on behalf of the Crown, and the prisoner was not represented by counsel. Mr Meadcwcroft was foreman of the jury. * The case for the Crown was that accused was seen to take certain artioles from the class-room at the back of the Baptist Church, Vivian .stunt, and that the next day he sold some of the goods, including a clock and a inagio lantern. _ The jury, after a few minutes’ retirement, returned a verdict of guilty, and prisoner was remanded till this morning for sentence.

The Grand Jury did not conclude its labours until 5.26 p.m. No bills were found against Geo. Alexander Hobbs, for an offence against- a girl under sixteen years of age, and against Joseph Johnston, charged with theft. True bills were returned in all the other cases. The Court, at 5.30 p.m. adjourned TUESDAY, FEBRUARY 6, 1900. (Before His Honor Sir Robert Stout, C.J.) . SENTENCES. Daniel Coakley, convicted of theft, waa admitted to probation for twelve months, on condition that he paid £5 in six months towards the cost of the prosecution, and also that he did not visit any public-houses. If. said his Honor, Coakley was found visiting public-houses or under the influence of liquor, he would be sent to gaol. Henry Hargreaves, alias Cook, alias Taylor, convicted of theft, handed in a written statement. His Honor, after reading it, said prisoner asked for leniency on the ground that he had intended to earn his living honestly, and that he was under the influence of drink when he committed the offence. It was. said his Honor, perfectly dear that he was not under the influence of liquor, and it was also clear that during the last two years he had had twentyone months’ imprisonment awarded to him. on no fewer than nine charges. At the same time, he did not- want to pass anything but- a lenient sentence, and he hoped this would be a warning to him. He -would be imprisoned in the Terrace gaol for twelve months, with hard labour.

Martha Tainui, a young half-caste woman, who had pleaded guilty.to a charge of forgery, came up for sentence. She had, she said, a mania for what she did. She knew she had done wrong, but she hoped lib Honor would give her another chance to reform and do better in future.

His Honor said it - va3 now nearly twelve years since prisoner first carne before the Court, and since then she had been sentenced more than a dozen times. He really did not know what to do vnth her. She was still young, but she could not long have been out of gaol after completing her last sentence.

Prisoner : If you look you will see it is always for the same charge. His Honor said that made it all the worse. Prisoner had been following this career for years. In some countries she would not be let out of prison at all. There was power even for him to deal with her in that way, but he would give her another chance, as she was still young. She would be sentenced to twelve months’ bard labour in the Terraee gaol. Prisoner: Thank you. George Gleiser, quite a young man, came up for sentence on a charge of theft, to which he had pleaded guilty. He said he came to New Zealand a few months ago for the benefit of his health. It was against the wish of his father that he stayed in New Zealand. He was sorry now that he did stay. He thought he would get on here, but unfortunately he had met with people not of his own standing and rank, who helped him. to -spend his money, and to behave in a more or less drunken and shameful way. He was sorry for his conduct, and he hoped in future he would keep the vow he had made to himself and turn over a new. leaf. When he was out on probation he got a situation, blit owing to some unkind person going to see the manager of the firm about him he had to - leave that employ owing to his being a probationer. He hoped his Honor woifid be lenient with him.

His Honor said prisoner’s was a very sad case, and if it had been his first offence he would have let him out on probation. However, this was his third offence, and he was how undergoing a sentence of three months’ imprisonment for theft. The theft he was now charged with appeared to have been committed at the same time as the theft for which he had been convicted. To give him an opportunity, however, to redeem himself, .he would only pass a sentence of four months’, imprisonment, with hard labour, to run

concurrently with his previous sentence. That- was a very lenient sentence, ar.d he hoped prisoner was really sorry for what lie had done, and that he would not further disgrace - himself or his friends by such conduct. ■ Jame 3 Amos, who had pleaded guilty to the tneft of goods'; the property of ,the- United. Farmers’ Co-operative Association at Palmerston North, was represented .by Mr Moore, who ‘ asked for probation. His Honor refused-the application, but said he would deal leniently with the case, and passed sentence of four months’ hard labour. Henry Williams, alias Northey, who had pleaded guilty to a charge of false pretences, came up for sentence. His Honor said since 1885 prisoner had been sentenced a great many times, and it seemed to him that he ought to be kept in gaol continually. He- would impose a sentence of three years’ imprisonment-, with hard labour. William R. J. Miller came up for sentence or. a charge of forgery at Masterton. to which he had pleaded guilty. Mr Skerrett- applied that prisoner be admitted to probation. His Honor said, as this was prisoner’s first offence, he would admit him to probation* for twelve months, on condition that before the end of six mouths lie paid £lO, the cost of the prosecution.