SUPREME COURT.—CRIMINAL SESSION.

Otago Daily Times, Issue 2006, 4 June 1868, Page 5

SUPREME COURT.—CRIMINAL SESSION.

Tho Criminal Session of tho Supreme Court was commenced yesterday, before His Honor, Mr Justice Chapman, and the following Grand Jury : —

Matthew Holmes, Anderson's Bay, run-

holder. Foreman. Colraan Rurke, Princes street, merchant. William Hepburn, Mnnso t trcet, auctioneer. ,T. R. Mackenzie, Manse ntreet. banker. Char cs Stewart, Princes street, banker. Charles Henry Street, Frirsces street, estate

afreet. John Tiirnbull Thomson, Cavereham, Chief

Surveyor. John WatßoD, merchant, High street. J S. Webb, Manse street, accountant. John T. Wrkht, Manse street, stock and station agent. James Whitelaw, Walker street merchant. George Gray Rutsell, Eattray street, merchant. John Keid; Stafford street, agent. Frederick Pantlin, Hi«h street, agoat. Pcroival C; Neill, Stafford s reet. merchant. William M'Kenzic, Waikari. gcntl-man. John Bell Mudie, High street, agent. A. W.. Morris, Mrrcc.-'s Bu ldiDga..agent. Frederick Jones, Green Tslaod, centlcman. Messrs. Tumbull and Robertßon%vero excused, as members of the Provincial

Council r» j The Judge, in addressing tho Grand Jury, said they would be aware that, for more than twelve months, crime in this Province had been exceedingly moderate There had, during that period, been generally from nine to eleven for trial at each. <juarterly sitting of tha

Court; but he was uorry to say that the jury would now End that 17 cases would be presented to them for their findings. Among tho crimes charged, however, there, was .none of grievous violence. Ihey were mostly crimes against property; the- only one into which the element oE violence entered, being a case of assault— !an assault not of a grievous physical character, but somewhat serious in its moral bearings. Most of tho crimes charged were of ordinary character larceny, or stealing from tho person, obtaining money under false pretences, receiving stolen goods, and so forth ; and he was not aware that the jury would find fcholeastdifllculty with any oneof them. One or two cases deserved, and would receive, short comment. One of them was a case of HbcL Libel might be treated in two ways. The party aggrieved might seek his civil remedy ; or he might treat it as a public offence, and prefer an indictment before the Grand Jury. It seemed that the two prosecutors imagined that they were pointed at by an article published in an evening paper, but which at tide did not name them. Therefore, in the indictment, there was what was called tho necessary inuendo—that was to say, suggestions inserted by way cf parentheses, indicating that tho prosecutors were the persons pointed at, and thus libelled. Tliat, no no doubt, if proved, was sufficient. Although a person bo not named in the alleged libel, yet, if, from the context, he was clearly pointed at, he had hia choice of remedy—civil action or criminal prosecution. It was for tho jury to say whether tho prosecutors hero were (sufficiently indicated ; if it wan clear that they were not, but that aomo other persons were, then, tho indictment could not bo found. The nature of tho liel was this :—Jt seemed that some persons collected money for the widows and orphans of persons who had been punished as Fenians, in England or Ireland; and tho allegation against them in the article was (in substance), that, under tho color of charity, havjng collected moneys for the widows and orphans, or tho wives and children, of those convicted prisoners, they had diverted the money from its charitable purpose, and appropriated it to an illeg;d purpose. That was an imputation which undoubtedly amounted to a libel; because any words constituted a libel which had a tendency to lower the reputation of any of Her Majesty's subjects in the estimation of their fellow-subjects. This was, fortunately, the only case that had occurred in thia Province, which had even a color of Fenianiam. As tho jury would be aware, prosecutions for sedition had

taken place in another part of the Colony. Prosecutions for sedition, in modern times, had become comparatively infrequent : in his (the Judge's) early days, they were more frequent, and unjustifiably »o. There was, however, in large and tumultuous assemblages, using exciting words, a tendency to disturb the good order of society, which tendency Governments occasionally, in the discharge of their duty, felt bound to suppress. The Government of this Colony had felt itself to be in thnt position, with regard to tho prosecutions which had taken place on the western coast of this island. And the law had been completely vindicated there—vindicated in so lenient a manner, that he had no doubt the effect would be very beneficial in restoring and preserving the good order of society. The prosecutions were carefully, but not vindictively, conducted ; tho trials were under the superintendence of a very able, and, at the same time, a very humane Judge; and tho very leniency of the sentences would, he (Mr Justice Chapman) had no doubt, have a most beneficial effect, not merely upon tho particular community in which the trials occurred, but throughout the whole of New Zealand. Here, fortunately, we were not very likely to have any such occurrences as had taken place on the West Coast—tho good order of society here seemed to forbid any fear of anything of the kind. Another case called for a few observations. It was a prosecution of a nature new to this Colony, because it was under an Act which had been recently passed. It was a chargo for fraudulent bankruptcy ; and the prosecution was under the .'K)3rd section of the Bankruptcy Act, 18G7. That clause provided—

Any pereon who, after the commencement of this Act, makes an arrangement by deed with his creditors, under part eighteen of this Act, shall in each of the cases following bo deemed guilty of a misdemeanor, and on conviction thereof shall be liable, at the discretion of tho Court before which he is convicted, to bo imprisoned for anytime not excreding three ye-irs, with or without hard labor: that is to say— Then followed an enumeration of offences, the one charged in this case being— If after the filing of tho deed, or within two months next before the filing thereof, wilh intent to defraud, he removes or conceals any part of his property to tho value of ten pounds and upwards. His Honor briefly stated the law as to charges of receiving stolen, property and obtaining goods by means of a false pretence; and ho then dismissed the Grand Jury to their room. ROBBERY FROM A STORE. John Lauchlan Hughes was indicted for having, on the 10th nit., forcibly entered into the premises of Robert Kirk, Pelichet Bay, and with having stolen 20s in silver.

The Crown Prosecutor (Mr B. C. Haggitt) opened the case. The prosecutor is a storekeeper at Pelichet Bay, and the prisoner rented from him premises close to tho store. On the night in question,' the prisoner was seen to enter tho store, and take the money : and, afterwards, a liasp, which had been wrenched from the door, was found in his possession. The prosecutor stated that on the night in question ho received information that his store had been broken open, and he found out that some silver had been taken. The prisoner was brought to him by & man named Sterling, and on being aaked to show what money he had in hia possession, he turned out of his pocket lYs in silver, and a hasp which had been wrenched from the door.

By the Prisoner: I put tho 20s spoken of in a tin box behind the shelf, a p*laco where yon have seen me put it many times. ' Sterling was present when I locked it up. I did not see you pick up the staple. You could not have done so. I have known you for some months, and I never knew anything against you. Sterling had no access to the store. jgobert Sterling: On the 19th of May

last, I lived in a room adjoining the prosecutor's store. The division ia of paling, 1 and there arc open spaces in the walL I get; into my room from the kitchen, at tho ! back of the store. The kitchen door is j fastened with a common latch. There is ,no fastening to the inside of my room [door; it fastens on the outside with a bolt. There is a door in the kitchen leading into the store, and it ia fastened with a padlock and staple. About three | o'clock I heard my name called three i times by the prisoner. I did not answer, and I heard my door being bolted. Then I heard a eound as if a padlock was being wrenched off. Afterwards, I saw through the paling a light in the store. I got out of bed, and saw the prisoner in the store. I saw him put his hand into a tin on tho shelf, and take out a paper containing money. He then cut some bread and butter and cheese, and, after examining the till, he left. He had a candle stuck in. a bottle. I had to break tho window of my own room to get out to givo information. I waa present when the pri.Boncn.and Mr Kirk had an interview. The prisoner had denied being in tho store, and had said that he picked up the staple. By the Prisoner : When I saw you put tho money in your pocket, I was watching you through the palings, r came to you before I went to Mr Kirk. I did so to save you, as you bod set my place on fire. I get my living by my labor. I was at work at the flax mill; but had left a fort- j night before this affair. lam going back there again. I had no money at the time of the robbery. I had paid tho last money to MrKirk on the previous Sunday. The arresting constable gave evidence. The Prisoner, in defence, said that tho money found on him was tho balance of his wages, and that ho had picked up tho hasp on the floor. He urged that it was not likely ho weuld have retained posHesuion of a thing so likely to convict him had ho been guilty, and thaiftfwns improbable he would, if about to break into tho store, endeavor to wake tho witness by calling him. Tho Judge, in summing-up said : The only question was, did the Jury believe Sterling ? With regard to the prisoner's defence, ho pointed out that men about to commit a crime had often not all their wits about them ; and they often led to their conviction by acts of their own. There were, also, two ways of calling out a person's namo—one loud, so as to wake him, and the other low, to see if he was awake. The Jury retired, and after an absence of twenty minutes, returned a verdict of "Guilty." Tho prisoner waa remanded until today for sentence.

OBTAINING MONKY UNDtflt FAI.SK PR.E--TBNCIW. Corfitz Cronqucst was indicted for having, on tho Bth of February last, at Cardrona, obtained from Charles Colclough LlO, by false and fraudulent representations. The priaoncr was undefended. Upon being arraigned, tho prisoner said: —I refuse to plead before it is decided whether 1, am, or am not, legally committed for trial. My o jections, and the roasona for them, are given in this document, and I ask His Honor's decision. I believe I hava not been legally committed; I mean that I am not legally before this Court. Tho Judge: The Grand .Jury has brought in a true bill against you. That in itaelf is a legal committal. You mitat plead. Tho Prisoner: But, your Honor, I was committed to take my trial at the last sessions, and have never been remanded. Will your Honor tako no notice of my objection ? The Judge : No ; you mu3t plead. Tho Prisoner: Then I plead Not Guilty. Tho Crown Prosecutor stated tho case, as borne out in tho following evidence :— Charles Colclough : I am a storekeeper at Cardrona. I knew the prisoner for about a month before this occurrence. Ho naed to com© to my store frequently, and ho was there on the 9th of March. On that day he obtained L 5 from me, giving me a cheque for that amount upon the Bank of New Zealand at Clyde. I paid the cheque back to him a few hours afterwards, along with another LIS, and I received from him a cheque for LlO. Ho told me that ho had funds in the Bank,

and tho cheque had only to bo presented to be met; I sent tho che quo to the Bank, and it was returned, marked " No account." Tho prisoner was perfectly sober at tho time. By the Prisoner: I did sell grog by the glass before I bud a license. I had a permission until I got a license. There is a billiard table belonging to mo on the premises, but it ia rented by another person. There havo been games of chance played in my house. I will swear that it is not a regular gambling house. Tho game of " poker" has been played there. You, I, ami others were playing that game when yon gave mo tho cheqae. I do not think yon lost much, f did not win tho LlO from you ; and I did not cheat you. I did not' lend you tho money for the solo purpose of playing " poker." I lent it you because I believed your representation that you had LOO in tho Bank. You did not tell me that there were no funds in the Bank, but that you would tako up the cheque. I admit that I offered to give you up the cheque for L 5, but if you had accepted the offer, I would not havo dono

so. I may have offered it to you for L 3, Imt it was only in jcafc, I was a candidate for the Alining Conference. Ido not think that I stated that I should not get elected, but that tho Government would have to give me a free passage to Dtmedin if I prosecuted yon. You did say thai you would not givo me three pence for tho cheque, but that was when you knew it was on its way to Clyde. Michael Hunt, Police constable, at Cardrona, said that he was present at tho inquiry before the -Magistrate. The prisoner made a statement "which was talc en down. He identified the prisoner's signature and that of the Magistrate, to" the depositions. The prisoner's statement was as follows: — "I am aware that the Bank Clerk can prove

that there is no account, and I do not deny my signature. What I object to is the way the cheqne was obtained from me^ being almost enticed to gamble with a noted cheat. T- mean, Qolclough, for I stood behind liim afterwards, and saw him take scveo carda in.«toad of five. I wne" more than lialf drunk, ! eing constantly supplied with, liquor. I had lost some 2J19 aray a, few days before, and

I thought I should retrieve it. 1 only re- ! ceived LG in cash from Colclongh. I loat I TLA to him, and afterwards the LG. I gavehim the cheque with the intention of taking it up. It was only when I saw him cheat at cards I resolved not to do so. I lost LG or L 7 before I got any money from Colclottgh. Tho chequ.e produced is tho same that I gave to Colclough."

George Bond was cnlled, and left for cross-examination. His evidence was, that gambling had been going on, but ho did not think that tho prisoner had lost much, or that lie had been drunk.

f"The Prisoner, in addressing the Jury, asked that if the part of his statement as to the cheque was admitted, that the other part should bo admitted also. He had no intention to defraud, and had told the prosecutor that ho had no account, but would 4ako up tho cheque. Ho had refused to do so, because ho had been cheated. The prosecutor had, upon Vicing charged with cheating, otlisred the cheque for L 3. Ho trusted that tho Jury -would tecs that there was no fraud, that tho law wan to punish, for tho intention, lint for the aUsohitf* act which had been done, when ho was well plied witli drink, and under a momentary delusion.

The Judge said it was not necessary that the pretence should bo in words. There were many cases in which, tho pretence was in demeanour alone, and the cheque itself was Kuftwinnt false representation, for it implied that there were funds to meet it. Tiio i r.msactif>n for which the cheque waa given could not affect the case, as tho offence was comSlute when it was presented. Jf the Jury elicved the fucta—the evidence as to the gambling was no br.r to a conviction.

The Jury retired, and, after an absenco of half-an-hour, found tho prisoner guilty.

The prisoner was sentenced to fix months' imprisonment, with hard labor.

FOIKiERY

Oscar Clayson pleaded guilty to a charge of having forced and uttcrod a chequo for L7O, purporting to ba drawn and signod by Dr Julius ILmst, of Canterbury, with intent to defraud Armaud Angan. Sentence was defenvd.

KOITiBUy FKOM A KHOl'

Martin Morris wa"> in-lictad for hrwin™, on tho 20th May last, at O.u<tarii, feloniously stolen four watches, from the premises of John Glendinnen.

The prosecute r, who is a watchmaker at Oamaru, stated, that ho had mi&wd four watches, three that had been sent to him to bo repaire-l, and one his own property. On tho day, or day before the 20ih of Slay, he had wound them up, and had placed them on a rack to regulate. fTe had received three back from a Mr Newey, and one from the polico constable. He identified Lho four, giving the number of each.

Tho following evidence was given :— Samuel Nowoy : The prisoner earno in my shop, and, producing watch, N«. 1701, asked me to buy it-. I refused, and ho then asked mo to lend him LI upon it. This I did, taking tho receipt now shown me from him. The next day ho wanted an additional 10a upon the watch he had left with me. This I refused to give, and he then showed mo watch, No. 29,G02, and asked me to lend him LI upon that. f-To said it belonged to his mate. I opened tho watah, and saw a piece of paper inside it, on which tho name of a Mr Elder was written, in what I believed to bo Mr Clendinnen's handwriting. I lent the prisoner 10s upon tho watch, and took the two to tho prosecutor, who identified them. I had asked tho prisoner to stay in my shop for a few minutes, but on my return he wns not there. I found him in tho Empire Hotel. Ho was drunk, and I took from him a third watch. I handed all tho watches to tho constable.

Sergeant Bullen said that, upon arresting the prisoner, who was drunk, he found the fourth watch. The next morning tho prisoner said, " You took a watch from me last night; I found that near tho bridge, but T know nothing about tho others." When examined before the Magistrate, he said that he had found all the watches in a parcel in Payne's yard. In answer to tho prisoner, the witness said that ho (tho prisoner) had an attack of delirium tremr.m after bis arrest.

The prisoner repeated hia assertion that he found the watches, adding that he had been drinking, but that, he expected to receive money, and would have redeemed them.

Tho Judge having summed up, the Jury, without retiring, found tho prisoner Guilty. There were previous convictions recorded against him. B'.e was sentenced to eighteen months' imprisonment.

ROBBBRY FKOM TIIK PERKOV.

John Rimms was iii'lictod for having, on the 2Gth of May last, stolen from John Greig, four LI notes and a check for L 5, from Robert Grcig. The facts of the case havo been previously reported. The prosecutor and the primmer were drinking, together at the Spring Br.nk Hotel, West Taieri. The prosecutor becoming intoxicated, went into the stable and lay down Shortly afterward, his mate and the prisoner came in. The prisoner s-iid to the mate that he had better take the prosecutor's money from him, Tint this his mate refused to do, and he left the stable. The prisoner then urj/ed the prosecutor, to rise, and took hold of his arm, 110 then went outside, and the prosecutor missing hia money, followed him. He saw tho prisoner stooping down, with somo grass in hia hnnds, and he afterwards found some of the money hidden by grass in a crevice in the wall. Tie identified tho money, having taken the nambera of the notes. Hits mate and the hotelkeeper gave evidence. The prisoner offered no defence.

The Judge having summed up, tho Jury, after a short deliberation, acquitted the prisoner, who vros discharged.

THE OKA7JO JVYJT.

During tho day, iho CJrand .Tnry returned true bilLi agmnsfc Israel Vfvn dull» Charles White, Henrietta M/eW\ Samuol Symms/ John Wilto«, Wjlliarn Beeoinerea, and Mobs Dswis. No bill was returned in the cose of Alexander Clark, charged with induccnt aasanlt. The Grand Jury were dj>ntuis©«l nntil Friday, at two o'clock. ..,

Tho Court -was aujoiHßc4 until ten. o'clock to-day*