CRIMINAL SITTINGS.

Otago Daily Times, Issue 10307, 14 March 1895, Page 2

CRIMINAL SITTINGS.

. (P__. j Uni_e'd J--B-_S3 Association.) Wellington, March 13. Io the Supreme Cou-t, in ths case of Joseph Traynor, charged with aitemptingHo obtain mouey by false pretences from the licensee of , the Club Hotel, tho jury, after being locked up all night, were unable to agree, and were discharged, a.new trial being ordered.'' A remarkable feature of the case was that 11 of the jurymen had decided for guilty, and the twelfth would not convict because the offence had occurred in a hotel. If it had occurred in' a mercantile establishment instead of a publichonse the conscience of the dissentient would not have been disturbed. The foreman explained how the difficulty arose, and Chief Justice Prendergast said he would have thought any gentleman who had sufficient moral sense-to be disgusted with the drink traffic would cot allow it to interfere with hia duty. He could not allow tha di. sentient juror simply to." recognise " the,guilt of the-prisoner, as had been suggested to get over the difficulty.. The jury wera discharged this morning without commeut from the judge. Traynpr obviated the necessity for a second disagreement by pleading guilty, and he was sentenced to four months' imprisonment with; hard labour. William Thomas was then charged with manslaughter. Thomas and another man (Gosling) had a dissgceeintnt on the Queen's Wharf. Gosling called Thomas an offensive name, whereupon the latter struck him, aud he fell backwards, his bead striking heavily on the | flooring of the wharf. He never recovered from the injuries received in falling, and died some weeks afterwards. The jury returned a verdict of not guilty, and. Thomas was acquitted. This morning a youth' named G. Faithfnll and Joe Way, a Chinaman, wer? indicted forthe larceny of biscuits, lollies, ke , the property of the Phc-aix Company, Dunediu. The Crown Prosecutor applied for au , adjournment until next sitting, on the ground that Ernest Hawke, the agent of the company and the principal' wituess, was absent. Ths latter was examined before^ the grand jury, but had since, sold his furniture", and it was believed he had left the colony. Further than this counsel could not say, but inquiries wero oeing made, and it was intended if possible to bring him back. Mr Skerret, for the accused, stated Hawke bad beeu dismissed from his employmeut, and from the loose m*nner in which he had conducted his business no jury would convict. Mr Wilford, for Hawke, said that so far as he knew the latter's absence was accidental, and defended him from the aspersions cast on his character. After looking up the authorities, the Chief Justice said he would have to be satisfied thafc there was a chance of the. witness being present before he could agree to postpone the case to .mother sitting. The Crowu Piosecntor then asked for an adjournment until • Friday, by which time further inquiries would have been instituted by the police, aud ultimately this course was adopted, tha accused beiDg admitted to bail. In the afternoon the Crown Prosecutor said he was quite certain Hawke, manager of the company, .had absconded. His Honor theu declined to postpone the trial, and the Crown Prosecutor enteted a nolle prosequi on all tte indictments. In Chambers this afternoon, before the Chief Justice, Mr Tripp moved for au order that Brace. Frederick Hawke should be adjudged a banl_-u.it, and that a telegraphic warrant ba Issued for his arrest, so tha*. he might be. kept in custody until he could find surit.e.s that he would appear when requited. Tin: order was made for Hawke's arrest aud, telegraphed to Auckland, ns it is believed Hawke intends to leave tbat city tbis afternoon for Australia. The application was made on behalf of the Phosnix Company, of Dunedin, who.c Wcllicgtdu agent Hawke formerly was. Auckland, March 13.

At the Supremo Court criminal sittings true bilis were returned agains__ seven witnesses in the Bowden case last session, who are now charged with perjury. Henry Wilmott was scntencd to 18 months' imprisonment for theft, Henry Wilson and William Hutchinson being acquitted; Donald M'Pherson, uttering, was sentenced to three years; George Norman, alias Charles Johnston, forgery, four years. Thomas Williams, on a charge of arson, was discharged, the grand jury having thrown out the bill.