SUPKEME COURT.—CRIMINAL SESSIONS.

Otago Daily Times, Issue 5347, 9 April 1879, Page 5

SUPKEME COURT.—CRIMINAL SESSIONS.

Tuesday, Apbil Bth.

(Before hia Honor Mr Justice Williams, and a Common Jury.) SENTENCES.

His Honcr took his s-at at 10 a.m , and passed sentences on the following prisoners : — George Ans lmy, aged 18 year?, two charges of burglary. Mr Bair, f. r the prisoner, called William Wright and Robert M'Skimming as to character, and both witnesses deposed that they had known the prisoner for same time, and that he had previsusly borne a good character. His Hcnor, in ja°sing Fentence, said: It appears, piisoner, that you have, up to the time of these offenc-s, borne a grod cbarac^r. I will therefore take that into cor.sideration in p s-mig sentence. But you have pleaded guilty to two cli.-tinct offence, not committed at the tame time, but on© committed a considerable tims before the other. I therefore C-innot treat this as if the offences could be taken together—as if it waa a mereisolited act of crime. I shall, however, take into consideration tho fact of your pievious gcod character; but I cannot pass such a light sentence) as I should have done if there had been only one offence. The sentence of the Court is that you be imprisoned in the common gaol of Duntdin for the term of. six months on each indictment—making a total of 12 months' iooprisonA. M'Leod (20 years) and A. Sheara (27 years), robLery from the person. The prisoners, when challenged, had nothing to say why sentence should not be passed uton them". His Horjor sentence! both the prisoners to six months' iajpritoncnenr, with hard labour. ItAPE. John Moon was indicted v; on a elmgo of having committed a rape on a child seven yeara of age, at Dane lin, on the 7th of Maich. Mr Haggitt appeared for the Crown, and Mr Hawkins for ttie prisoner. [The particulars if thecate are neces'ariy unfit for publication.] Mr Hawkins addressed the Jury on behalf of the prisoner, contending that the evidecce only went to prove ihe attempt to commit, and not the actual commission ot the offei.ee. His Honor hummed up, and in doing so remarked that the tvideuca would not, in his opinion, nutp:>rt a veid'ct of "attempted raps," the question being one of the guilt cr ionocance of the prisOLer of the charge ufon wtich he wes indicted. The Jury, after half in hour's deliberation, returned a verdict of Guilty. The prisoner, upon being challenged, replied that he had nothing to .'ay why sentence should not be passed. His Honcr, in paising sentence, said : Prisoner at the bar, it is unncce sary for me in pas-isg sentence on you to make many remarks. All I can say is that p.>i33ns who have committed iffeuces like that of which you have been convicted put themsnlves altogether out of the rale <f sreiety, and must be treited it.era as wil 1 animals than human be'.ngs. The sentence cf the Court is that you be kept to penal servitude in the Colony of New Zealand for 10 years, and moreover that you b? twice privately whipped—the first time on Monday, May sth next; and the scowl time en Monday, June 16th next; and that you rec-ive at each whipping 30 strokes of the implement known as the " cit-o'-nine-tails." ROBBEUY FROM THE PERSON. William Hay Wallace win charged with having stolen the sum of L 129 from the person of Robert Barnes Twelfrree, at Mofgiel, on the Kth January. Mr Hagfiitt prosecuted on behalf of the Crown, and Mr Adams defended the prisoner. The circumstances of the cisc, as disclosed by the opening statement of the Crown Prosecutor, were as follows :—The prosecutor receiveel on the 13th of January—tho day before the alleged ro'obsiy—a cheque for Ll3l 18< Gl, on the National Bank of New Zealand, Dunedin. This cheque was cashed, and the prosecutor received for it one LSO-nots, tl.ree L2O-notes, one LlO note, one L 5 cote, and the reit of the money was in Ll-notes, gold, and Kilver. The same evening prose cut r went to Mosjjiel, and g.ive hia mm ey to Mr Knot"-, the proprietor of the Rai'way Hotel, who returned it on the following lu-irnin*. The prisoner, a groom at the hotol, j..ined ths pr.»e:iitor, went away with him, was drinking in hia company, lett him when ho was in-ens-ible from diir.k, and the prosecutor on recovering his senses found that his money hud been stolen. On inquiry beiuij made, it was found that the prisoner had suddenly left his situation »t Mntgiel, and when traced to Dunedin it was discover*-el fiat he had purchased a suit cf clothes, a earj.et bag, a watch, and a ling, and U] on him notes were found c neipo'iding in denomination and bank with those which the prosecutor had had stolen from him.

The evidence also showed that with a portion of tho m<.ney the prisoner had redeemed from pawn in Dunedin two pairs of hot's; but the profeontor was contradicted as to tl c denomination of tlie notes paid to him for the cheque. The teller at the bank stated that he hnd paM two LiiO-notes in exchange for the cheque, but admitted that he might havo chonged it again, though he d<d not remember having done sm. The evidence of Mr Koolt showed that tho money dejX'Sited with Mm for safe keeping on the night of the 13th of Janusry and returned to the prosecutor on tho following morning was of the same denomination cs stated by the prosecutor in his evid-nc). Mr Adam-! having ad.iressed the Jury for the defence, His Honor summed up, ai.d the Jury retired for 15 minutes On returning, the Jury convicted the prisoner. Iv reply tihis Honor, Mr Haggitt faid that nothing had been previcmily known against the ] riwuer, and His Honor sentenced_ the prisoner to 12 months' iinpris/'iimont, with Lard labour. Tfle Court ro.-e itt G. 30 p.m.