INDIGESTION.

Otago Daily Times, Issue 11049, 1 March 1898, Page 3

INDIGESTION.

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not be given in this case. He hoped that prisoner would make the best of the chance. He would make an order conditional on repayment at once ot the moneys stolen, and a weekly payment towards the expense of the prosecution. Mr MacGregor aaked if it was to be made a condition that the amount of the cheque should be paid. , . . •■

His Honor said that was the suggestion of the probation officer, and it was an almost invariable and a reasonable condition. If Mr MacUregor could show-any reason to the contrary he would listen to it. .

Mr MacUregor'said that the condition would be punishment not to the boy but to his friends. His Honor : That is the recommendation of the probation officer, and it mutt have been made after consultation with his friends. I make an ordar for probation for six months; he to pay within a month the sum of £12, and to pay £3 towards the costs of the prosecution in instalments of 10s per month.

HOUSE-BREAKING.

Robert Wilson (18), charged with having broken and entered by day the dwelling of William Martin, at Benger Flat, an the 25th November, and stealing a purse, two nuggets, and .£8 14s in money, pleaded Guilty. Mr Hanlon applied on prisoner's beHalf that he be admitted^to probation. He wan a first offender, and lived with his parents at Roxburgh. The Probation Officer (Mr Phillips) said in answer to the court that he had no recommendation to make. The report was not, favourable ; hence it was that there was no recommendation. The Bet said that if the officer recommended he should make a report.' - '" ■'. " Mr Hanlon urgod that the lad was a first offender, and that he had made restitution.: Mr Fraser, who appeared for the Crown, said that prisoner, had not been previously before the court.

Sis Honor said that although the probation officer had not reported favourably it seemed possible that to deal with him leniently might have the effect of leading him to behave better in future, and he would now get auother chance, which he (his Honor) hoped would have the desired result, leading him to, eschew bad company. Prisoner would be admitted to probation for 12 months, and ordered to pay £5 towards the expenses of the prosecution.

~..,,. FOItGEItY. William Simpson (21) was clisreed with having, at ..Lawrence, on January 7, forged a cheque on the Bank of New South Wales for £9 10s, the said cheque purporting to be signed by John Michael. The prisoner was further charged with having, on January 8, forged a cheque for £i 12s purporting to be signed by Archibald Moffat. There were also two other charges against- him—the one alleging that he had forged a cheque for £7. 12s purporting to be signed by John Michael; and The other alleging that he had forged a cheque for £9 15s purporting to be signed by James Bennett. Prisoner was likewise charged with uttering the cheques, and pleaded Guilty to each of the charges. . .

Mr Fraser, who uro»ecuted on behalf of the Crown, said in reply to his Honor that prisouer was sentenced to ods month's imprisonment with hard labour for stealing a blanket at Lawrence on January, 14. Nothing else was known against him. He only arrived from New South' Wales a few weeks before the date mentioned. His Honor sentenced the prisoner to 12 month*' imprisonment on each charge; the sentences to be concurrent.

HORSE-STEAI.IKG; . ■••;■•■ Frederick Middleton (37), who was undefended, was charged with /having-, on November 26, at Waitati, stolen a mare to Alexander Kilpatrick. A second count charged the prisoner with receiving the mare knowing the same to have been stolen. - > T - ■, ;

. When the indictments had been read, prisoner said: I wish to make an objection. I was arrested at Palmerston and, without beiug broukht in front of a Justice bf the Peace, as I believe the law provides, I Was brought straight down to Dnnedin and charged in Dunediu. His Honor: Have you any objection to being chareed in Dunedin ?

Prisoner: It deprives me of the chance of call lug witnesses.

. His Honor; That has nothing to do with the question. Bo you plead guilty or not guilty to stealing a horse ? .

Prisoner: Notguiltj'. ' - .Mr Fraser, who'appeared in this case for the Orown. said Mr Kilpatrick was a storekeeper at v\ aitati. He was the owner of a draught bay mare thathehad had for a period of 12 0r,13 years. She was placed in a paddock with otli'er horses securely fenced and closed with panels, bhortly before Friday, the 26th, the accused was f? r c" "I the n yicinity of Waitati,' and approaching Wajtati. The next morning the mare was gone. On baturday she was sold in Dunedin at the saleyards, by the prisoner. He was arrested at Palmerston, and when arrested he gave an extremely unsatisfactory statement of how he became possessed of the mare. He asserted that he had got the mare from a man named Little, but he did not know where Little was—he thought he came from the Taieri. When asked if he: had a receipt for the mara he said he had, but ho did not produce it because he said he had left it at hishotel. He did hot know the name of the hotel ■ but said it was somewhere iv George street. When • arrested he gave another name. * . , ' Evidence for the prosecution was given by Alexander Kilpatrick, "William Downes, Robert Gray Sc.oullaiy Georsr« Stephenson, : John X>. Bunn, Williaw P. Sloan, Henry Alexander, Henry Wilson, Constable Hilliard, and Detective J>l"Grath. ' : .

T, he Prisoner, who elected to' give evidence on oath, said on the Saturday morning that the horse was sold he met 'a man at Caversham. who said Ins named was Little. • The man had a horse tethered on an empty section, and prisoner asked nrm what he was going to do with it. (Little ottered to sell the horse to,,prisoner, but prisoner said he had no money to buy it. Little then told him he could take it to the saleyards and. keep all he.gotfor itoyer £4. Prisoner accordingly took the horse to the saleyards and sold it. ' * " His Honor haying summed up, ■ ' ■ ■ •■•■■■ The jury retired at\l:s p.m., and returned't© ■fi°^ rt-Vi ln» sevetf minutes :■. with •:■ a: verdict of •■wuilty. ■■.: .: .; ,•. . ,-:,. . ■■.. . ; . :-..■■.■. . . •-,

On being asked If he had. anything to say why sentence should not be passed upon him, prisoner said he hoped his Honor would take into consideration that he had been unfortunate for a great number of years, and he had always been treated with the greatest severity. He had triad tor a long time to earn an honest livings but had been prevented from doing so. If his Honor would give.him a chance to get to some country where he was not known he would try to do

lo J?ii ep y t.O hJs Honor, Mr Fraser said that in 18/4:tue prisoner was sentenced to one month's Vi£& ll SOnment -*or stealing in Wellington. la a he^was sent to gaol for two years for burglary, ? nla£>l 877 he got lourI our years for a similar offence. in is»<j ne was confined to gaol for two months for larceny. In 1885 he was sentenced to five and seven year., imprisonment respectively, at Wellington, for horse-stealing, the sentences running concurrently.^ In 1886, for unlawfully escaping from custody, he got two years' hard labour; In 18»1, in the Wellington district, he got seven years for horse-stealinp and seven years for larceny. _ In 1892 he.again escaped from custody and received two years' imprisonment with'hard labour. ' ■■*■■■ ■ ■'

His Honor sentenced the prisoner to seven years' imprisonment. ,■ ,

William Roberts (49) pleaded Guilty to stealing, On being asked if he had anything to say why .sentence should not be passed, prisoner said he iwas at present undergoing a sentence of 12 months imprisonment for an offence' of the ?S ml c Was under the impression that tne horse in the present case was plaqed in hig hands for sale, and he knew too well what the [ inside of a gaol was to want to go back there I when once he got out. ■_ His Honor: If you were under that impression I you should not have pleaded guilty • ■i'Mi- Chapman, who appeared for the Crown, ; said apart from a charge of which the prisoner [was acquitted some time back, he was convicted ci theft and admitted to' probation for six months. Again in 1897 he was sentenced to 12 months imprisonment for horse-stealing There was a lapse of four months between the date of that; offence and the present one. ; _ His Honor sentenced the prisoner to six months1 imprisonment; the sentence to begin from the termination of hia present sentence. His Honor also expressed a hope that the very propsr views which, the prisoner now held on the subject of igaol would remain with him when he came out again.

UNLAWFULLY WOUNDING. William John Cole, charged with wounding James Clark at Caversham on the 28th Decem. ber with intent to maim, disfigure, or disable, pleaded Guilty, and gave his ago.as 66 rears O Reilly,,appearing for accused, said.that oolewas in a very awkward position. He married a womau who had a family some years previously. If he did anything to the children the mother was bound, to resent it, and thus. 111----feeline arose; Accused hud supplied the money to build the house which they occupied. The son threatened to turn him out, and, exasperated beyond endurance, he committed the assault. He had now been in gaol for two months. He (Mr. O Keilly) mentioned these matters as a ground for lenient treatment. ■•':■• His Honor said that this was. all without evidence. Mr O'Reilly was of course speaking as instructed. Surely he did not suggest that the threat to eject was justification for knocking a man on the head. If he could show any immediate provocation that might have some bearing on the case. .

Prisoner added ■ that on the day the son threatened to chuck him into the creek. His Honor, in sentencing the prisoner, said: You thought it proper to commit what appears to have been a murderous asuault on this young *mas- *think; I am treating you with great moderation when sentencing-you to two years' imprisonment. • ■ • .

FORGERY. William Storey, charged with forging two cheques on the National Bank, one for £o 4s. the other for £7 ss, nho with obtaining .£1 bs and Borne clothes from James Aulcl by false pretences, pSt Guilty and stated his age to be 51 years. My O Reilly, appearing for accused, handed in a statement made by accused. Iv answer to the Court, Mr Chapman, whoappeared for the Crown, said that prisoner had been previously convicted of forgery, vagraucy larneny, and false pretences. His Honor: Thin memorandum of yours is in what I may oil the common form. It contains a statement that you wer« drunk—which, looking «■* tha circumstances of the crime and the form of the cheque, I do not believe—and the usual statement that you will do better in future. Mr O'Reilly : I would like to point out that the man has besn paralysed.

His Honor: .But he does not seem to be sufnciently paralysed to prevent him committing torgery. It is a form of paralytic affection which can be dealt with as well in gaol as anywhere else. Three years' imprisonment.

BICYCLE THEFT. George Tomlinson, charged with stealing a bicycle the property of John Thomson, pleaded iV y and said that nis a Se waa 37 years. Mr O'Reilly asked that the prisoner should be admitted to probation. It was a first offence, and tne prisoner had already been in gaol for three months. He (the learned counsel) supposed the accused was a victim of the bicycle craze "which his Honor had referred to. . ;. , . His Honor: I never spoke of the bicycle craze as a justification for probation. Mr O'Reilly said that stealing,a bicycle was not as bad as stealing a horse. The accused had been on board several steamers, and in every case Had been di«charged with a goed character. His Honor said : I assume that there is nothing known against the accused. The bicycle craze has been referred to by counsel [is having been mentioned.by me to-day. The phrase was read by me from the report of the probation officer, who used the words as showing some excuse for the young man who appeared to have stolen the money to buy a bicycle. The present is the case of a mau,- not a young man, who has stolen a bicycle for the P"rP°se of obtaining rnonay. That leaves tlm bicycle craze" similar to a "purse craze or a "handkerchief craze." I see no reason for mitigating the sentence because the particular object you selected to steal to sell was a bicycle. However, that is neither here nor there. x mention it because of the suggestion that it is a peculiar forna of crime coming into vogue. It Beems to me I cannot treat this very well as a case for probation. You are nozn young man, but a ruan of some age, and you appear deliberately to have stolen the bicycle and to have turned it into money. In this instaucs I should not sentence you to a longer tsrm than four months' imprisonment. I shall treat the three months you have been awaiting trial,in gaol as imprisonment, and now sentence you to one month's imprisonment.

. THEFT OF WATCH'AND CHAIN. James Cooper aud Thomas Chatterley -were charced with having, on the 25th December last, at Dunedin, stolen a silver watch and chain, tbe property of Patrick O'Brien. ; A second count charged the accused with pawning the chain, and a third with pawning the watch, with fraudulent intent. Both prisoners pleaded Not guilty. it ]-, chapman appeared to conduct the case for the Crown. . •

Mr O Reilly appeared for the prisoner Cooper, "d*l^ prisoner Chatterley was undefended. Mr Ohixpman opensd the case for the Crown, which was, briefly, that on the day in question the prosecutor, a rabbiter, was in town on Christmas day, that he "had some drink, and having gone to the Gladstone Hotel he lay down on asofa in a small room and.went to sleep. After; kaviDßthe hotel hfe found that, his watch and Cham had been taken. He remembered .having1 them on when he went to the, hotel and seeinu one of the prisoners iomewhere in the vicinity of the hotel that day. This was all the prosecutor could say, but the police having been communicated with they discovered that on the 7th of January Cooper pawned the watch for 3s, and on the 10th Chatterley pawned" the chain for £3. Evidence for the Crown. was given by Patrick O Bvien, Samuel Goldston, John Oooney. Malcolm iaylor, Harriet Madams, and Terence O'Brien Mr O'Reilly elected to.call the accused, James Cooper, who deposod I;hat he had pawned the watch with Mr Goldston. for -Chatterley. Chatterley gave him the watch. He pawned it for 3«, and handed the money over at once. Prisoner Chatterley desired "to" cross-exainina Cooper, and began by asking if ha had ever been m trouble before. ...- ,;..■,,,'., Mr O'Reilly asked' his Honor to rule that, the accused being indicted together, one could not cross-examine the other. His Honor said that as at present advised, assuming it was competehtfor Ohatterley to crossexamine Cooper, he thought it was not a case in which, he, was called upon to exercise the discretion entrusted to the court under section JSS, because it was not a case in which the evidence' was addressed only to exculpnting himself but to incriminating the other acciueri. The witness could betreated as any other1 witness, against the accueed, which was practically his poeition. The question of the admissibility or propriety of such a course could be discussed if necessary at a later St»K«. . ; . . . , ~,.'.'... .

The accused Cooplr on cross-examination said he had not bean in trouhla before. He had only been looked up for being drunk and had once been bound over to keep the peace, but tliat was a family affair. He worked, for. his living and denied associating with bad o.haractsis. - ; The prisoner Chatterley cslled WiUiam Wilson, who said ho had been at the Gladstone Hotel on tbe day in question and that lie'was often mis-' taken for the accused, but he .had had nothing to do with thepawnicg of the watch ; nrid Constable Gooney, who depose-! to,conversations with the accused, and to the fact that he had not noticed a snar said to have been bii Chattevley's face, and noticed aa one of the marks of identification. Mr O'Reilly addressed tlije jury for the accused Cooper, andaccused Chatterley also addressed the jury. . . •• ■. . : .-■ . :.

His Honor having summed up, the jury returned a, verdict acquitting Cooper and convicting Chatteriey. -- ..-:..

Ihe accused Cooper was> discharged from custody and the passing of spntence oh Chatterley was deferred until this (Tuesday) morning. The court adjourned at 6.10 p.m. until 10 o'clock this- (Tuesday) morning. ,* ' :