SUPREME COURT.-CRIMINAL SESSIONS.

Otago Daily Times, Issue 7221, 9 April 1885, Page 3

SUPREME COURT.-CRIMINAL SESSIONS.

Wednesday, April 8.

(Before hia Honor Mr Justice Williamß.) THE GRAND JURT.

The following gentlemen were empanelled as the grand jury: —Messrs D. Stronach (foreman), J. N. Brown, A. Burt, A. J. Burns, D. Campbell^ J. Durie, J. Garden, J. Hislop, C. M. Howison, F. Mallard, J. R. Monson, H. North, F. Oakden, H. Robinson, J. R. Scott, Jameß Sooular, A. Simpson, and E, J, Spence, HIS HONOR'S OHARSB. Ilia Honor, in charging the grand jury, said : Mr Foreman and gentlemen of the grand jury, the cases you will have to consider are for tho moßt part of the ordinary kind, and present no special difficulties. There io a case of, illegally pawning. This offence is created by section 34 of " The Pawnbrokers Act 1868," which is in the following words: ulf any person shrill knowingly pawn, pledge, exchange, or otherwise unlawfully dispose of any article whatsoever belonging to any other porßon without the consent or authority of such owner, and with a fraudulent intent in any such case to deprive tho owner (whether wholly or temporarily) of the use thereof, the person bo offending shall be deemed guilty of a misdemeanour." There is a case of shooting with intent to murder. A • man must be held to intend the natural consequences of hia acts, and if the accused, when he fired, aimed his pistol at the prosecutor, then the intention to kill or to do grievous injury ought to be inferred, unless indeed tha accused was so drunk aB to be incapable of forming any intention at all. There are two cases where the accused—a men and his wife —are each charged with inflicting actual bodily barm on children. The man is the father and the accused the stepmother of the children, and the injuries were inflicted by chastising them. The law on the subject has beon_ very plainly stated by the late Chief Justice Cockburn, aB follows: " A parent may, for tbo_ purpose of correcting what is evil in the child, inflict moderate and reasonable corporal punishment, always, however, with ' this condition, that it is moderate and reasonable. If it be administered for the gratification of passion or of rage, or if it be immoderate and excessive in its nature and degtee, or if it be protracted beyond the child's power of endurance, or with an instrument unfitted for tho purpose, and calculated to produce danger to life or limb, in all such cases the punishment is excessive and the violence unlawful." You have to consider whether the evidence discloses a prima facie case of unlawful violence against the accused, or either of them. Gentlemen, if you will retire to your reom the bills will be laid before you. TRUE BILLS. The Grand Jury returned true bills in the following cases-.—George Piper, larceny and stealing in a dwelling; Joseph Albert Green, embezzlement (three indictments); Henry Dennitt Willcox, embezzlement (three indictments); John Uousens, larceny; Frederick Rowe, breaking into and stealing in a shop (two indictments); Robert Nash, unlawfully pawning and obtaining goods by false pretences ; Janet Oliver, stealing in a dwelling; Alexander Fleming, assault occasioning actual bodily harm ; Carrie Fleming, assault occasioning actual bodily harm (two charges); Jameß Eastwood and Jameß Myall, robbery ; Hans Hansen, unlawfully woundiog, NO TRUE BILL. The Grand Jury threw out the bill charging Frederick Fulton with shooting with intent, The Grand Jury had no presentment to make, and having answered aIS the bills, his Honor thanked the jurors for their services and discharged them. LARCENY. , George Piper pleaded Guilty to a charge of stealing, on the 24th of January, in a dwellinghouße, Maolaggan street, Dunedin, the sum of £7 13s 6d, the money of James Mitchell. The same prisoner was charged with having, on the 23rd of January, stolen a watch, the property of G. F. Eager, the licensee of the Anchor Hotel, Dunodin. The prisoner pleaded Not guilty, and waß undefended. The case, as oponecLby Mr Haggitt, was that the watch, after being missed from a dressingtable, was traced to the possession of the prisoner, he having pawned it for the sum of 7b, and that he first stated that it bad been given to him by his sweetheart, and subsequently that ho had bought it from a man whom ho did not know.

After evidence had been given for the Grown, the prisoner said that ho had not made any otatement to the efFect that the watch had been Riven him, and that ho bad, as he had told tho police, purchased the watch. The Juryfound tho prisoner " Guilty," On > being called upon, the prisoner gave hiß age as 18. There were no previous convictions against him. His Honor in passing sentence said: Prisoner, na nothing pppearß to bavo been known of you before thin, I shall consequently treat these offences—the one you have pleaded guilty to and this one—as first offences, and nball pass a light sentence. The sentence of tho Court IB that you be imprisoned in the common gaol, Dunedin, for tho term of three months with hard labour on each indictment, the sentences to be cumulative—making six months altogether. EJIBEZZLEJIBNT. Joseph Albert Green (aged 29) pleaded Guilty to three indictments charging him with embezzling from his late employers, Measra Reid and Duncans, Dunedin, Bums amounting to £95. . Mr Solomon desired to eay a few words on behalf of the prisoner before sentence was passed, The prisoner was a comparatively young man, and though he (the learned counsel) did not wieh in any way to detract from the serious character of the crimp of embezzlement, which was always committed by a person standing in a confidential relation to tho person defrauded, yet he would point out that the prisoner had done himself an injury greater than be could suffer from ira prisonmett, having blasted his own prospects and ruined his whole life by the commission of the crime. Tho prisoner was well connected, and though that was no reason why be should not bo sentenced the same as any other man, still it increased bis degradation. The prisoner bad been in the Colony four years, and had a young wife and a child, who would be left in poverty, without a home and without a friend.

His Honor: What is the total amount of the defalcations ?

Mr Haggitt: I have heard it is about £500, but I have no certain knowledge, His Honor remarked that an isolated offence committed under temptation could be differently dealt with than if the crime consisted of a series of offences extending over a long period of time, From the depositions it appeared that proper receipts had been given to different persons, and that false entries bad been made in the blocks of tho receiptbook.

Mr Solomon said that tho continuance of the acts of embezzlement could be accounted for by the fact that money taken recently had beon_ credited to make up previous deficiencies.

His Honor, in passing sentence, Baid: It appears, prisoner, that you were placed in a position of trust, and that yon have abused that position by robbing your employers—not once only, but on several occasions, extending over a period of some months—of considerable siima of money. It is manifest that an offence of this kind is far more serious than an ordinary larceny, and must necessarily involve a eovero punishment, No one can regret more than I do that tho infliction of such a punishment will bo prejudicial to others than yourself; but if it is bo prejudicial to others you have only yourself to thank for tho injury you bavo done them. The sentence of the Court is that you be kept to penal servitude in the Colony of Now Zealand for a term of throe years on each indictment, the sentences to be concurrent, so that it will be three years in all.

Henry Donnitt Willpox pleaded Guilty to three indictments charging htm with embezzling moneys at Alexandra, where he was poat and telegraph master.

Hia Honor: What is the total amount of the defalcations? I think the depositions show that they were about £150.

The Crown Prosecutor: Yes, that 13 about the amount.

In answer to the Court, it was stated that prisoner had been about 15 years in tbe Government service, and that the defalcations bad occurred within the last six months. The prisoner's story was that he ÜBed the money to pay some private debts of his own, intending to make it up again. He was a native of the Colony, and nothing previously was known ngaiDst him. Mr Logan was called to give evidence as to character. He said that be had known prisoner since ho Icame to Otago, about three yoars ago, and that be had always hitherto borne an excellent character.

His Honor: Prisoner, the offence of embenzloment by a person in a position of trust is, m I remarked a short time ago in another case, a very seriouß one, I think perhaps that in your case I am justified in taking into confederation, in mitigation of punishment, your long previous career in the service of the Government, and that during that time you nppenr to have borne a good character. The wutence of the Court is that you be imprisoned in tho common gaol at Dunedin for the term of two years, and kept to bard labour, on each indictment, the sentences to he concurrent, BREAKING AND ENTERING. Frederick Rowe (aged 43) pleaded guilty to two indictments charging him with breaking and entering the shop of George Broadbent, at Dunedin, and stealing therefrom a quantity of cabinetmaker's tools. The Accused said be bad been several times a victim to intemperance, but was never ho fully in ita power aa on this laat occasion. For several days after his committal he had remained in a state of delirium. The offence bad been commit tod under the influence of drink, and if it bad been a deliberate crime he might have taken varnish, which could have been sold for more money. It bad been his intention to make good the loss ha bad caused, and he had beon engaged to work for Mr Broadbent.

Tho Prisoner called tho prosecutor, who atatod that he believed the prisoner to be ecrupulously honest when not under tho influence of drink, and that be had bad proof of bis honosty ; but he believed that when in liquor the accused would steal to get drink if the police woro within 20 yards of him, if only ho could get tho drink before being arrested.

Mr Hnggitt stated that tho prisoner had been a long time in the Colony, and had been convicted of petty larcenies before—committed probably, an the prisoner said, when ho was under tho influence of drink.

Hie Honor, in passing sentence, said it appeared to him that it would be a benefit to society and a kindness to the pri3onar to sen-

tenoe him to some months' imprisonment, aB compulsory abstinence would tend to cure him of bis evil habit more than anything else; and it appeared that, apart from drunkenness, the prisoner bore a good character, The prisoner was sentenced to 12 months' imprisonment on each indictment, the sentences being consurront. . , •. y

LARCENY. John Cousens was charg«d with stealing a watoh, a chain, a greenstone pendant, a pipe, and a hat, the property of Donald Sutherland, on February 24. Priaoner pleaded Not guilty; and was undefended. The evidence showed that prosecutor, a

miner, on the night in question slept in a house in a right-of-way off George street occupied by a woman named M'Gregor. Priaoner slept in the bouse tho same night. In the morning witness missed his pipe and watch, and going out of the houso, followed prisoner along George street, and gave him in ohargeon suspicion of robbery. Prisoner was wearing prosecutor's hat at the time, and had his watch and chain in his pocket. Prisoner read a statement in which ha alleged that the prosecutor gave the property into his keeping, and he was returning with it when met by the prosecutor and a police constable. He immediately handed the property over.

The Jury found the prisoner " Guilty," and on being called on he gave his age as 33. He said that it must appear patent to any reasonable being that the witnesses had all committed wilful perjury. The Crown Prosecutor explained that prisoner came to Lyttelton from Adelaide in 1883. His record in Adelaide was not a good one, and since he came to this Colony he had been repeatedly convicted of petty larceny. Hiß Honor sentenced prisoner to 18 months' imprisonment with hard labour. THE SOUTH DUNEDIN CHILD BEATING OASES. Carrie Fleming was indicted on a charge of ill-treating John and Isabella Fleming. Mr J. Maczregor appeared for the accused, who pleaded Guilty. Hiß Honor: I do not propose to pass sentence on the accused at present. Alexander Fleming is charged with a similar offence, and I should like to hear the evidence in that trial. Mr Macgregor: That will not come on today, your Honor. His Honor: I should like to hear the evidence in that trial, and also to read again the depositions. You will have an opportunity of saying something, Mr Macgregor. The accused waß then removed. ASSAULT AND BOBBERY. Jamea Eastwood and Jameß Myall were charged with having at Dunedin, on March 19, aseaulted and robbed Adam Walker. The prisoners pleaded Not guilty, and were defended by Mr Solomon. Mr Haggitt, in opening the cubb for the prosecution, said that shortly before the commission of the offence the prosecutor was working aB a labourer on the Hindon section of the Otago Central railway. On March 19 he had been paid elf, and came to Dunedin in the evening with £18 in his possession. The prosecutor went home with a young woman, and at her residence mot Myall, who invited him to go out. He went out, and at the Queen's Hotel met the other prisoner and "•shouted " for them. After this they all went to another hotel at the other side of the street, where the prisoners wanted him to play cards. This he declined to do, and then the prisoners suggested that he should go down Jetty street to see a circus. He went some distance with them, but as the street was dark, and there waß no sign of a circus being there, he wished to return. They, however, induced him to go a little farther, and when the prosecutor refused to go on and turned back, the prisoners seized him, took his pocketbook, threw him down violently, and then ran away. For the greater part the case would depend on tho evidence of the prosecutor, but his statement regarding his being, on the evening in question, at the Queen's Arms Hotel in company with the prisoners would be corroborated.

Evidence was given in support of the opening statement.

For the defence Asher Cohen was called, and deposed that at 20 minutes past 10 o'clock on the night of the 19th of March be met the accused Myall in tho Provincial Saleyards, during an interval in the play at the Princess Theatre, and went with him to the Queen's Hotel. Myall asked witness to lend him ss, and this the witness did, and then left him, after being in his company for about five minutes.

Mr Solomon addressed the jury for the defence, commenting on tho evidence at length, He stated, on behalf of tho prisoners, that they were in the company of the prosecutor at the C^ueon's Hotel, but that they did not croßß the street with him; and that this was so, he submitted, waa proved by the evidence of Detective Bain and of Mr Cohen, who had seen Myall between 10 and 10.30 p.m. Mr Haggitt, in addressing the jury, said he would invite them, as Mr Solomon had done, to believe that Mr Cohen and Dotective Bain had epoken only what was perfectly true, but as the prosecutor could not state the exact time when ho was robbed, the evidence was not in any respect favourable to the accused. His Honor reviewed the ovidonce. briefly, and at 5.30 p.m. the jury retired to consider their v.erdict. The following cases were dealt with while the jury were considering their verdict :— LARCENY A8 A BAILEE AND ILLEGAL PAWNING. Robert Nash (43) pleaded Guilty to a charge of larceny as a bailee of a Douay Bible, and to a further charge of illegally pawning certain books, the property of Peter Mastorton, of whom he was the cgent. Mr Denniston, who appeared for the prisoner, stated that ho was a bookbinder, and had lived in tbo district for a number of years, and bad always borne a respectable character. Lately he had. given way to dissipated habits, which led to biu committing the offence. His Honor said prisoner would be sentenced to one month's imprisonment with hard labour on each indictment, the 'sentences to bo concurrent. LARCENY OF JEWELLERY. Janet Oliver was charged with having, on tho sth February last, stolen one watch valued at £15, and one lockot valued at £10, from the dwelling - house of Abraham Silverston in London street.

Prisoner, who gave her age as 23, pleadod Guilty. Mr Denniston appeared for the prisoner, and, stated that it appeared from her statement that Mrs Silverston was in tho habit of lending her the jewellery in question, and that she wbb dismitaed from servica with the jewellery in hor possession. She further stated that she had pawned it for the purpose of assisting someone else. His Honor pointed out that this statement did not agree with the former statement of the accused made to the constable, to whom she stated that she had pawned tbe jewellery for spite. The value of the property stolen was considerable, but as it was accused's first offence, she would bo sentenced to three months' imprisonment with hard labour. CUTTING AND WOUNDING. Hans Hansen (30) wbb charged with that he did on tho 9;h January; last, "at Dunedin, feloniously and with malice cut and wound one Clifford Crouso, seaman. A second count of the indictment charged him with having inflicted grievous bodily harm on tho said Clifford Grouse. Prisoner, for whom Mr Gallaway appeared), said he would plead guilty to common assault. Mr Hapgitt said he would accept that plea with his Honor's permission, and offer no evidence. There would be Borne difficulty in procuring the principal witness in the case, and he did not wish to put the country to unnecessary expense. The prisoner had already been., three months in gaol. His Honor decided under the circumstances to inflict a nominal sentence. Prisoner would be imprisoned till the" rising of the Court, when be would be at liberty to leave. ' ASSAULT AND BOBBEBY.

In the case of assault and robbery against James Eastwood and James Myall tbe jury, having been locked up till half past 0, returned into Court, and the Foreman stated that they had been unable to agree. The Court was then adjourned, and the jury were taken to Watson's Hotel and locked up for the night, (Pan United Pbiss Association.) Auckland, April 8. Judge Gillies, in addressing the grand jury, said that there v/ere 16 prisoners, charged with 19 offences, the most Berious charges being one of murder and one of attempted murder. Wellington, April 8. At the Supreme Court the business was unimportant. George Henry Evans, for larceny, was acquitted; Jamea Jones, for larceny from a dwelling, was found guilty and sentence was deferred ; Samuel Bennett, for housebreaking and larceny, pot 12 months. Christchoroh, April 8.- • j The criminal sessions of the Supreme Court opened to-day before Justice Johnston, who in his charge alluded to the serious nature of the calendar. There were 23 persons charged and 18 cases, somo of which would require rather minute investigation. There were several cases of forgery, also two cases of arson, and the usual variety of cases of larceny, &o. The Grand Jury found true bills in all the cases except those of Samuel A'Court, accused of inflicting grievous bodily harm, and Charles Hawker, aidiDff and abetting Richard Hawker in arcon. The three prisoners tried today were all acquitted. They were—James Swanson, charged with larceny from the person of W. Dunsdale; Elizabeth Ireland, accuned of committing arson at Leeston,; and Edward Vaughan, for larcony.