SUPREME COURT.—CRIMINAL SESSIONS.

Otago Daily Times, Issue 5268, 7 January 1879, Page 3

SUPREME COURT.—CRIMINAL SESSIONS.

(Before His Honor Mr Justice Williams.)

The usual auartorly soasionß 0! the Supreme Court were opened at 10 o'cUck yesterday morning.

TUB GRAND JURY,

The following were the gentlemen sworn in aa a Grand Ju y:— MceaM Jjhks B. Bradahiw (who wai chosen foreman), Jamas Jick, Joseph iiruithwnite, Edward Giilow, Hector Brown, Charles M'Queen, 1 ondix Hallen:-tein, John Glendininir, Fleming Laurcnson, John 0. JBva, Henry Noil', William Park, Evan Pioifcer, Audrow Thomson, Matin Mswhall, Thomas G. Maiheson, James Barron, Max Meniershausen, Thomas G. Young. Mr George Elytli was fined £2 2s (or non-attend-ance. THE ;UDGH'S CHAEOE. Hi ■ Honor, in charging the Grand Jury, said:—Mr Fo tin,au and Gentlemen cf tlio Grand Jury—7ho calendar en the present occati n (jreasnts no vety uuuaual U. tare-. Iheieare two cises of perjury. In this effeaco it is necessity either that there should be more than one witness to provo the falsity of tbe niitter 6worn to by the accused, or if only one witness is produced, thit his testimony should be strongly corroborated by circumstantial evidence. There is a case where the accused is charged under the Fraudulent Debtors Act, with having, as a trader, obtained property on credit under the false pretence of carrying on I business and dealing |in the ordinary way of his trade. lAt the preliminary proceedings before the Magistrate the Trustee in Bankruptcy of the accused was examined, and gave evidence as to statements made by the accused to him as trustee. By an Act, however, passed last session, tbii evidence is no longer admissible against the accused, co you will have to conalder the ease independently of it. The evidance is that the accused was a retail grocer, and that the day before he filed his declaration of insolvency he ordercj and subsequently obtained from a merchant, with whom he had been in the habit of dealing, certain bags of sugar which he did not pay for- If you think that au order given by a ret'iil trader for goods of a kind dealt with In his trade to a wholesale house with whom Iw hid been in the lubit of dealing amour.ts to a representation that tru good* weio required for ordinary trade purposes, and if you think that the chcuTistance that the retail trader became bankrupt the duy after h3 gave the order affords a reasonable inference that the representation was tAhe, you will find a true bill. There is a case where a woman ia charged with the murder of her infant child. If you think that there is prima facie evidence that the child died by reason of the wilful act or omissioi), and that the accused intended to bring about the death of the child by such act or omission, you should il d a true bill for murder. If, however, you think that although the death was caused by tho accused, yet that the conduct of the accused amounted to culpaole negligonce only, you should find a true bill for manslaughter. Lastly, should yon think thai the evidence doss not establish prima /tick a easo ot cu'pable negligence, but shows only that the death resulted from accident, you should ignore the bill altogether. Tin other easos call for no srocial comment Gentlemen, if you will retiro to your room the bills will be laid before you. TRUE BILLS. True bills were found In the following case? :— Jainos Mille', fraiidnlont binkruptcy; William White, forgery ; Jan.es Morgan, fjrgory ; fili Coolen, housebreaking ; Walter Jlorley, larceny; Robert Angu<, larceny ; Denis AEglin, perjury; Margaret Barratt, alias Stophenson, sttii ing from a dwelling ; Hyum Lyon Metz, forging and uttering an acceptance to a bill of exchange, also forgery; George Brown, for indecent assault; Jane Reid, lor perjury. In tho case of Margaret Scott, tho Grand Jury returned a verdict for manslaughter only. NO BILLS In the cases of Kegina v. Johnston and Regina v, M'Norton, charges of robbery, the bills were ignored. Tne Grand Jury were then discharged. (Before Common Juries.) mUDOLENTIjY OBTAINING. Jjmes Miller, a young man lately carrying on business aa a grocer at Mornington, was charged, under the Fraudulent Debtors Act, with fraudulently obtaining goods from Francis Edward Little, on March 20th. Mr Adams dofonded. - . Evidenco having been taken, !'is Honor pointed out that the contraot between t'li prosecutor arid prisoner waa purely executory, 'iho goods had been obtuiuod by the prisoner after he had fi ed bis declaration of insolvency, whereas the Act provided for tho goods being obtaintd within four months before tho filing of such declaration. He did not see tho facts, as proved, could support the iudict- ! inent. He directed the Jury to return a verdict of Not Guilty. This tho Jury did. FORCING AND UTTEKINtf. James Morgan wag charged wl'h forging a cheque for £3 on the 28th October last, and wilh uttering the aame with intent to defraud. Prisoner pleaded Guilty. Sentence wis deferred till nest day. William White was indicted on a chirpo of hiving forged a cheque for £i 17!", with intent to defraud, on Septtmbsr lOtlt; also with having dispose! of another loiged cheque (or £i, knowing the same to be forged. Piisoner pUadol Not Guilty. Tho (Jrown Solid or (Mr Haggitt) prosecuted. Evidence having bjen adduced, lhc Jury retired to coupler thjir vonMut, anl at the expiration of a few minutes returned, the Foreman stating that tho euilenca was i;ot strong enough to convict, and thsy had therefore cleei'lo-.i tv givo the prisoner the benefit of ihe duubt. His Hon> r: I quite a&ree with you. Prisoner was thon discharged. 11. Lyon Metz was obarged with f jrging two cinques. Ho pleaded Gui ty. Mr Adams, on prison}i'o behalf, priyed for the mercy (f the Quirt-(i) bccauie of iho nopectabiliy of ho parents; (2) became of the piiaoner's youth; arid (3) because at tbe time one of the cliques whs forged priaf>nei'» father wai supposed to be ryiDir on his death-bed, and prisoner hail every rea on to believe t!;at hid his f ther bjon wall he would have endorsed th< chtque. His Honor pointed out prisoner had forged tvo cheques. Mr Adam? could only plead ihe aims excused in both instances. Hi* Honor sad he would p3S3 mntenca the next day. He was quite ptopared to take the prisoner's youth into consideration, but ht) did not see that he cuid make any allowance for the fact ihat tho prisoner vi aa rest ectibly connected. The prison.r was accordingly remacded for sentenco LARCENY. Walter WoHey vrai indicted on a charge of stealing a silver watch, belonging to lMchard Wheaver, at Dauttoon, on October I4tU. Prisoner pleaded Not Guilty, aud was undefended. In ayp?ire4 thiv Weaver w*« ptoprSog at Smith's

Hotel, Duntroon, at the time of the ttuntrooß races, and, the watch was taken out cf his waistcoat pocket whilst; he w»s lying asleep In his bedroom. The prisoner was; known to frequent the place. Some tune afterwards the prisoner took the watch to the establishment ot Solomon David Nathan, pawnbroker, of chris«°u, r°n» who, seeing that its number corresponded witn tna, of a watch which had been reported to the puhco to have been stolen, at once gave the prisoner in charge. Prisoner then said he bought the watch for £4 from a man he did not know. ' , , Ths Jury returned & verdict of Not Guilty, and prisoner wa3 discharged.

LARCENY AS A BAILEE. Robert Angus was charged with stealing a horse, f addle, and bridle, belongiugto James Morkane, hotelkeeper at Port Chalmers, on December 12th. - . Prisoher, who pleaded Not Guilty, was undefended. It was Btated in evidence that on the day named the prisoner went to Mr Morkaue, who keeps a llverystible, and hired a horse, saying tbat he was (folng,to Blueskin and would return that evening. He failed to do so, however, and on the following d»y he was at the White Horse Hotel, George street, endeavouring to dispose of the horse for £8 to a mail named Alexander. The transaction was brought to an abrupt termination, one of Morkane's glooms appearing on the scene Just In time to prevent the sale taking place. The Jury roturned a verdict of Guilty, ana tiie priloner was remanded for sentence.

PERJURY. Denis Anglin did not answer to a charge of perjury. The Crown Solicitor: This man ha 3 been allowed out on bail, your Honor, in his own recognisance ci £20 and one surety of £10. Ho has not been seen for the last three weeks, and it is not at all likely that he will appear to take his trial. If he does not appear, therefore, I shall ask that hia recognisances be estreated. I may say that the police were never consulted with regard to bail being allowed, and the amount of bail taken appears to me perfectly ridiculous, considering the nature of the charge. : His Honor: Perfectly ridiculous. I am astounded that each a trifling bail has been accepted. It is not likely the prisoner would appear when he could get off for £30.

The Crown Solicitor: The last seen of him, I believe, was at Green Island. The police have been looking: for him, but have not found him. The prisoner's recognisance and the eurety were accordingly forfeited. The Court, at i p.m., adjourned till the following day, at 10 a,m,