SUPREME COURT.

New Zealand Times, Volume LVI, Issue 2364, 21 November 1894, Page 3

SUPREME COURT.

CRIMINAL SESSIONS.

Tho Court resumed at 10 a.m. yesterday before Ilia Honor tho Chief Justice. DISCHARGED. Richard Spry, charged with false pretences, and in whoso case tho Grand Jury found no bill, was discharged. SENTENCES. Goo. Hmne, convicted the previous day of inflicting grievous bodily harm upon his wife, was brought up for sentence. His Honor read tho previous police records against tho prisoner, and said that quite irrespective of all this it would have been tho duty of tho Court to pass a severe sentence for tho offence of vjhich the prisoner had just been convicted. The fact of the prisoner’s previous assaults upon his wife rendered severe punishment on this occasion absolutely necessary. The sentence of the Court was two years’ imprisonment with hard labour. Paul Gortsloffo, alias Korth, convicted of theft, handed in somopaporsshowingthat ho was iu tho district of Shannon from 1891 to 1892.

His Honor did not regard them as of any importance. Tho prisoner had been convicted at Wanganui at tho latter end of 1892, and sentenced to two years’ hard labour, which would mean IS months’ imprisonment, and bring him up nearly to the time when tho offence of which he had just been convicted was committed. The prisoner said that ho had worked as agent for an insurance company, that he bad been bnshfalling at Stratford, and had also boon working In tho Wairarapa and at Rangiora. The only way bo could account for Petersen’s articles being found in his (prisoner's) box was that some third person had opened both boxes, whioh whs op easy matter, and then mixed fhn COptonfa of the boxes iq replacing them. Jfo asked for a light sentence. ' Ilia Honor said it was a petty theft, and pf a mean character. The prisoner was ■poll educated and possessed of q good deal of natural ability, which showed that he COnld maintain himself honourably if ho chose, flo had served a number of convictions, tho sentences embracing one of five * years and another of two years, lie had not oven the excuse of being of drunken habits. Tho present sentence would he 15 months’ imprisonment with hard labour, John Meliae, who had pleaded guilty to two charges of theft (a horse and a bridle), next appeared for sentence. His Honor said tho only information ho had about the prisoner wax that in 1889, when 13 or 44 years of age, ho was convicted of larceny and discharged, Ho would now he sentenced to 15 months’ imprisonment with hard labour on each indictment, tho sentences to bo concurrent.

Robert Crocker, who had pleaded guilty to two charges of burglary, was then placed in the dock; His Honor sold he was unable to understand the ‘prisoner’s conduct, and had no information as to his character. It was certainly very extraordinary that a man should go into a house and apparently clear it out of tables, chairs and all kinds of furniture, and then on a second occasion go into a shop and thipgs from there, tobacco atid SO 0.n,. especially if it was the case, as ho wished the Court to believe it was, that he had been living honourably and regularly previous to this. Concurrent sentences of 15 months’ imprisonment ■with hard labour were theu imposed. 13. W. H. Kimberley, who had pleaded guilty to theft, wag also brought up for gentenes.

Mr P. S. Garvey (gaoler) said tho prisoner had boon two months in custody, and at first his mind appeared to ho rather weak. It was not so bad now, but he still had dome foolish ideas.

His Honor remarked that tho prisoner was an inmate of Ihe Old Men's Homo when his present offence was committed. He stole a shirt and several other articles of clothing, and at once clothed himself in thorn. Me was described as a draper, but the information had boon received that ho had kept a sheep run in tho Wairarapa, where apparently ho was well known and respected. His Honor decided to further remand tho prisoner until Monday next, in order that ho may bo medically examined as to his mental condition.

John Lindsay, who had pleaded guilty to three charges of forgery and one of false pretences, was likewise brought up for sentence.

His Honor said it appeared from the calendar that the prisoner was convicted in 1892 of forging and uttering, and admitted to probation. It was quite impossible to treat tho present case lightly. The best place for tho prisoner was gaol. Ho was well up in years, apparently had no one to look after him, and being not very well fit for work he had apparently made up his mind to commit these offences, and must therefore bo kept from doing so. The sentence was two years’ imprisonment with hard labour for each offence, tho sentences to bo concurrent.

FALSE PRETENCES.Duncan Mclntosh was charged with having obtained by false pretences A!4 8s from Albert "White at Eketahuna on the 20th August, and £2 from James Jones, of Eketahuna, on the same date, as welk as another £2 on tho 21st August. Tho prisoner, who was defended by Mr Hindrnarsh, pleaded not guilty. Mr 8. C. Barraud was chosen foreman of the jury. Daniel Budden, carrier, of Pahiatua, deposed that in August last the prisoner was in his employment as a driver. On the 20th August ho was sent with a team to Eketahuna for somo goods, being told that tho freight money would be awaiting him at tho railway station. Ho returned tho following night in a state of intoxication.

Albert White, lessee of the Universal Hotel, Eketahuna, stated that on tho 20th

August prisoner obtained £3 from him upon tho representation that it was on account of his employer, ns ho had loft Pahiatua without his freight money. Later on tho same day prisoner got from witness Ail more, and told him to include in tho account Ss previously owing by him. James Jones, storekeeper at Eketahuna, deposed that on tho 20th August tho prisoner borrowed £2 from him on behalf of his employer, saying that ho required somo money to pay railway freight. On tho 21st ho obtained another .£2 upon a similar rs presentation. A, R. Evans, clerk at tho Eketahuna Railway Station, gave evidence that on tho 20th and 21st August tho prisoner paid 20a on weigh-bills. Subsequently the orisonor applied for AH which had arrived : Tom Air Buddon on tho 19th August, and ■ was in tho stationmastor’s hands. Ho did not obtain it.

The jury returned a verdict of guilty. Mr ilindmarsh applied to have the accused, who is only 21 years of age, admitted to probation, His Honor did not consider that tho prisoner was a fit subject for probation, and sentenced him to nine months imprisonment with hard labour. Thomas Halsall was charged with obtaining by falso pretences at Masterton, on September Ist and 20th, tho sums of £3 and A!2 respectively from William Keehle, Mr Ilindmarsh appeared for the accused, who pleaded not guilty.

William Keoble, livery stablekeoper, at Maaterton, stated that accused called on witness in August last and told him he had a bit of luck, that ho had ,610,000 loft him under the will of hia father. Accused called on him about ten days later and said ho had not got his money yot, hut tho matter was in the hands of Mr Poynton. Ho then received tho sum of A 3 from witness, Accused said ho was expecting that his money would he transferred every day to.Maaterton from Dunedin. Halsall called on witness several times up to September 20th, when lie again obtained a fxxrther sxxm of A2 from him. Witness wrote a letter to Mr Poynton on behalf of accused about tho money that xvas coming, and asking that Mr Poynton shoxxld forward an advance of AIOO. Accused showed witness a cutting from tho War Cry An which a roan named Halsall was enquired for, J. W. Poynton, solicitor, stated that accused called into hia office aboxxt six months ago concerning an advertisement which appeared in tho " Missing Friends ” column of tho War Cry. Witness advised Halsall to apply to the office of the paper for information, Ho had not seen or heard from accused after that until ho was summoned as a witness against him at the Magistrate’s Court, Masterton.

The jury retiredat3.l7 p.m.,and, after an absence of 25 minutes, returned into Court with n verdict of guilty. The prisoner was sentenced to 12 months’ imprisonment with hard labour. ALLEGED BREAKING AND ENTERING. Johan Johansen was charged with breaking and entering the shop of William j, Lanksftear, Lambton quay, on tho 10th August last, with the intent of committing a felony. Tho accused pleaded not guilty, and was defended by Mr Hindmarsh. W. J. Lankahear. stationer, Lambton quay, gave evidence as to tho discovery of the offenoo. Constable Cairns stated that on tho night iu question no saw accused cross over from tho Empire Hotel and examine the door of Mr Fitz Gerald’s shop. After a time he went on as far as Lankshoar’s shop, and wont up tho right-of-way. Witness followed up tho accused and found him attempting to enter the shop by the window which had been forced open. Constables Armstrong and Hutton corroborated th° evidence of the previous witness.

Tho accused, who elected to give evidence on his own hohalf, stated he was a sailor and had been working up country prior to bis arrest. Ho had been drinking at several hotels on the evening of his arrest, and remembered very little of what occurred.

His Honor having briefly reviewed tho evidence, tho jury retired at 4.33 p.m., and, after an absence of five minutes, returned with a verdict of not guilty. Tho Court then adjourned until 10 o’clock this morning.