SUPREME COURT.

New Zealand Times, Volume XXXIX, Issue 6698, 5 October 1882, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Wednesday, October 4. (Before his Honor Mr Justice Richmond.)

LARCENY.

Kobert Littlecott, found guilty on Monday ■of the larceny of certain cheques and stealing ahorse, was brought up for sentence. .. The prisoner, upon being, asked whether he bad anything to say why sentence should not be passed, applied that the case be allowed to stand over for decision by the' Court of Appeal, on the grounds that the verdict was not in accordance with the weight of evidence, and that the Judge had misdirected the jury. The cheques referred to had been' placed in an envelope addressed to him by‘ name, and he could not, therefore be held guilty of stealing them. He, however, admitted that he had been guilty of misappropriation—an offence with which he was not charged. His Honor’s statement that the impudence of the offence was only equalled by the impudence of the ■defence, amounted to a misdirection. His Honor held a different opinion, though the prisoner was perfectly justified in raising technical objections. The grounds were not, however, sufficient to entitle him to an appall, and sentence would, therefore, be- passed. Prisoner bad already undergone a sentence of four years on a charge of embezzlement, and he must, therefore, treat him. as a person "who was determined to live dishonestly, and at the expense of his neighbors. He considered that it was bis duty to send him to gaol for such a period as would preventhim from preying on his fellow creatures for a considerable time ■to Come. He would pass a sentence of six years’ penal servitude. CONSPIRACY. James Jonathan Adams and his daughter, Genevieve Elizabeth Adams, were charged with having maliciously ■ conspired to aharge one George Longhurst with having on the 15tn February, 1880, carnally abused the said Genevieve Elizabeth Adams. Mr E. Shaw and Mr Gully appeared for the' prosecution, and Mr Ollivier for the defence. Mr Ollivier raised an objection to the trial being proceeded with, on the ground that the .charge upon which the accused were now to be tried was not the same as that upon which they were committed. They bad been committed for “ conspiring together,” and now they were indicted with: conspiring with others, which he held was a very different offence. ’ '

After some Argument, bis Honor decided to allow the case to proceed. Should the evidence, however, disclose, that there was a substantial difference between the offence {named in the indictment and the charge heard in "the Resident Magistrate’s Court, he would have to quash the indictment. The defendants declined to plead, and a plea of “Not guilty ’’.was accordingly entered. Mr T. TJrwin was elected foreman of the jury. ■■■ - ] _ Sir Shaw having opened the case," .Wi P. James, Clerk of the Resident Magistrate’s ■Court, produced the depositions of the accused in the Resident Magistrate's„ Co,qrt K and J 5. G. A. Cooper Deputy-Registrar of the Supreme Court, the indictment in that Court, together with a record of the sentence.

Mary Humphrey deposed that the elder defendant was her nephew. He came to : the colony in 1879, witness having paid his passage-

money. After living at her house for some time he went to work in her son’s brickyard, and finally came to live in Wellington in a house belonging to her son, George Longburst, the issue of a former marriage. In 1880 she got a protection order against her husband, who then went to live with the Adams family, she having previously bailed him out. On the 20th February, 1880, her son George Longhurst was accused of having committed a rape upon Genevieve Elizabeth Adams, and he was committed for trial and found guilty. He was still in gaol under sentence. Subsequent to the trial Adams offered her to let the girl make a statement which would open the gaol to her sou, if witness would pay him £soo—a sum which she could not afford.

: Thomas Turnbull, architect, produced plana of the locality at which the offence upon the girl prisoner was said to hare been committed. ' George Lawrie deposed that he had several coaversations with the elder prisoner subsequent to the trial of Longburst, and that he had informed him that he would allow the girl to tell a different story for a consideration. The Court adjourned at 6 p.m. till 10 a tn. the following day, the prisoners being enlarged on the original bail, the jury being also allowed to leave the Conrt.