SUPREME COURT.

New Zealand Times, Volume LXXI, Issue 4440, 21 August 1901, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. The criminal sittings of the Supreme Court were continued yesterday before th 0 Chief Justice. A PECULIAR CASE, Two young men named George Ernest Kelly and Edward Creasy answered to hail on an indictment of five counts charging them with theft, receiving, false pretences, demanding with menaces, and indecent assault. The accused pleaded not guilty, and were defended by Mr Wilford. Mr J. A. Allen was foreman of the jury. , . Mr My in opening the case for the Crown, sai'd the indictment comprised two separate charges, tine was of stealing or unlawfully from a woman who Jived in Taranaki street the sum of fh in money and a gold ring, and tin ier was of indecently assaulting the me woman. It was alleged that tho .meused at midnight on Bunday, the oth of May, _ passed themselves oil' as policemen, and in that gutso compelled the woman to strip herself, and took from her tho money and the ringTho principal witness, Clara Aplin. on being sworn, asked that the caso might be heard with closed doors. His Honor said ho had no power to order people out of the Court. He thought Judges ought to have that power, but tho Legislature had not given it to them. The witness .said that up to last week dho was working as a machinist for a hoot manufacturer, who had now given up Ids business here, and gone to Sydney. She was divorced from her Inis hand. She lived alcne. Tier landlord lived in tho upper part of the house. In replv to .Mr Wilford, witness said that the accused, beyond compelling her to strip, were perfectly respectful in their behaviour. A cabman stud ho saw the accused near the woman's house. They said they were policemen, and ordered him to move on with his vehicle. Herbert Brown, fireman, said that on Sunday, the 11th instant, the accused Kelly "ask'.’d'him if ho knew the woman. Witness said “yes.” Kelly ask-d liim if ho would drink with her. Mritnoss .said h© would. Jsd.jy asked kini it JioVould ask the woman to say,'wh«n sho cot into "tho witness-box, that she had a cold on tho day tho thing happence! and had taken a couple of drinks of brandy, but was not drunk. Kelly also asked that tho woman might bo told that if sho would say she really was not sure that the accused were the parties who did the business on the night in question, when sh© stepped out of the witness-box she. would receive £5. witno,ss saw .Roily again afc night at tho hottom of Taranaki street, near Courtenay place. It was at about seven o clock. Witness told Kelly that tho woman said she could do nothing in the case, as it was in tho hands of the police, Kelly asked him if he thought ho could get whisky and give it to tho woman, witness said he thought it was possible. They walked round awhile, and Kelly got some whisky in Tory street and gave it to witness, Kelly asked him to trv and stay in the woman’s house and give her the whisky through the night. fi o that she would bo slightly bad in the mornin . Kelly gave witness haj f-a-cro >vn to get a drink with in the morning. Witness mot Welly again in tho morning, and the latter gave him some more whisky and ss. That was at the foot of Taranaki street, near Courtenay place. Kelly I old witness to give the woman the whisky—to give her some more drink so that sho would appear in Court slightly intoxicated. ' Mr Myers : Wero vou to get any money from Kelly ? . . Witness: Oh, Kelly made a casual remark that Jjp would make it worth mv while. He said something about £5. I am not sure. By Mr Wilford: Witness ordered a suit of clothes in town about three months ago. He paid a deposit of £1- The balance of £4 10s was owing. He had not got the clothes yet. Ho could .not say wnen the clothes were finished. _ He know McGuire, another fireman. Witness had of late spoken to the woman dailv._ _Ho was received in her house as a visitor and friend. Ho was so received before he spoke to Kelly. He took the whisky to the woman, and ho told her what Kelly had said. Ho agreed with Kelly for policy. , Mr Wilford: And pocket. Witness: No. If it had been for pocket l would not be here now. Other persons were present during the conversations between Kelly and witness. Tho witness was slightly deaf. ]\l r 'Wilford said tho defence was that the accused wero never at any time in tho woman’s house. Thomas O’Connor denied that ho had been in the woman’s bouse with Kelly. He had been there alone with her. Edward Creasy s aid Ho was a labourer. Ho had never been in the woman’s house. He was with Kelly on the night in question. , George Kelly, outdoor photographer, also said he had never been in the woman’s house. Brown spoke to witness about the suit of clothes, and asked, “Will vou do it?” When witness replied in the negative. Brown said, “You will ho <-orry for it.” . The accused wero cross-examined hv Mr Myers as to their antecedents, and also as to statements made by witnesses for the prosecution. Kelly contradicted the evidence given bv Brown, and said ihe did not know him before the criminal sessions began* Witness was introduced to Brown bv McGuire. . His Honor, in summing up, pointed out that the alibi set up rested on the evidence of tho accused. Tho jury returned into Court shortly before six o’clock with a verdict of guilty of stealing the ring, but nob guilty of assault. Sentence is to be passed on Thursday morning.