SUPREME COURT.

New Zealand Times, Volume LXXII, Issue 4824, 29 November 1902, Page 3

SUPREME COURT.

THE CROHM.'.I, SESSIONS. Tim criminal sessions of the Supreme Court were concluded yesterday before ins Honor Mr Justice Dcuniston. IN SELF-DEFENCE. Tim hearing of the charges against Daniel Mahoney, arising out of his action in stabbing one Edwin Whitfield Gunther, after that person and a man named Alexander Reside had hailed Mahoney up and assaulted him, was concluded. ■

His Honor, in summing np, told the jury Unit tlio attack made upon Mahoney by Reside and Gunther was altogether unjustifiable; the question for the jury to decide was whether or not tho accused had reasonable grounds for believing that ho was in danger of death or of grievous bodily barm, which could only be averted.by tlio uso of a weapon such as he had used. If—as was suggested, and apparently with reason —Mahoney was being knocked clown and kicked by two powerful men, tlio use of a knife by Mahoney was a natural thing to do, however much tho use of a knife under any circumstances was to be deprecated. Tho jury retired at 12.10 p.m., and at 3.45 p.m. no decision had boon come to. The jury then came into Court and were addressed by Ids Honor on certain supposititious points of disagreement in regard to legal aspects of the case, at the same time making clear that he had no wish to dictate to tho jury as to its verdict. At 4.35 p.m. tho jury returned with a verdict of not guilty. His Honor told the jury ho thought it had exercised a wise discretion. . . It would have been a matter of public misfortune if tlio country had been put to tho trouble of a now trial in this case. PLEAS OF GUILTY. Peter Grecnan was charged with haying stolon a valuable security from Frank Burbush, of Mastorton, on tlio 18th September last, the security being a chcquo for £l2B Ss. There were several secondary charges against accused of having attempted to utter the chcquo in question to "Wellington trades, men. Tho accused pleaded guilty, and ho was then remanded until Tuesday of next week. Ernest Edward Burn, sent up from the Magistrate's Court for sentence on an admitted charge of theft of a cornet from Augustus Adams, was remanded until Tuesday, to await the Probation Officer's report on his case.