SUPREME COURT.

Otago Daily Times, Issue 19014, 9 November 1923, Page 7

SUPREME COURT.

CRIMINAL SITTINGS. (Before His Honor Air Justice Sim.) The criminal sittings of the Supremo Court were continued before his Honor Mr. Justice Sim yesterday morning. U KFOBAIA TIY E TR EATMENT. Thomas Henry Edward Roskilley appeared for sentence on a charge of indecent assault to which he had pleaded guilty. Air Irwin, on his behalf, said the prisoner was 23 years of age and a labourer living with his mother who Was a widow. Some six years .ago he committed two similar offences when quite a boy and for that he received reformative detention. His Honor; I see he got six months on each charge in 1917 and five years’ reformatory detention. The Crown Prosecutor (Mr F. B. Adams) said lie was discharged in March, 1921, on probationary license. Air Irwin said as a matter of fact Roskilloy was not very strong mentally. Air Adams drew attention to the fact that the offence was committed in a part of (ho Public Gardens, which was a playground for children. His Honor; I think the best course will be to put him under the control of the Prison Board again. Ho would bo ordered to bo detained for reformative purposes for ii term of live years. FIFTEEN YEARS, AND DECLARED HABITUAL CRIMINAL. Joseph Thomas Christie, found guilty on two charges of breaking and entering aiid theft, came up for sentence The prisoner also admitted a charge of ' escaping from lawful custody. Mr Burrowclough, on his behalf, said his Honor would have noticed that accused had Already been in custody, and on two other occasions he had been committed to a mental hospital because of some mental affliction. lie seemed to be one of those peculiar cases whore the man was not entirely responsible. Ho was a man of considerable ability, unfortunately turned in a wrong direction. His Honor: I see he was declared an’ habitual criminal in Wellington in 1917. Surely the Prison Board did not release him! Mr Barrowclough: No sir. He seetns to have a remarkable facility for escaping from custody. His Honor: He seeriis to get transferred to the mental hospital and then to escape from tlie warders. That seems to be his modus operand! Air Adams: He has doile so both here and in Australia. " . His Honor: I hope the gaol authorities will not be so easily persuaded as to his insanity in (ho future. Mr Adams said the accused was a rather dangerous character. He seemed to bo an expert cracksman of a dangerous type. Since the commission of Ids offence he had escaped from custody, and since that again he had made another attempt to escape within the last few clays. The gelignite used in the robbery was believed to have been stolen from Anderson’s Bay. Ho seemed to be a very active and enterprising man. Air Barrowclough handed up a statement from the prisoner. In imposing selitchce his Honor told tho prisoner that ho had an exceedingly bad record and it was his plain duty to impose a substantial term of imprisonment and also to declare him an habitual criminal. The result of that was that he hoped Christie would never again have an opportunity of troubling the police. If ho did it would be duo only to the carelessness of his gaolers, for ho was perfectly certain the Prison Board would never give him an opportunity again to attempt to prey on society. He would bo imprisoned for a term of 14 years on each of (ho two charges of burglary, (he sentences to bo concurrent, and on the other charge ho would be sentenced to a term of one year's imprisonment "to commence at the expiration of the other sentence. Also as part of (he sentence ho would bo declared to be an habitual criminal. Air Adams applied for an order to be made for the restitution of the money found on the accused to the Otago Fanners’ Cooperative Association. His Honor made an order for tho resiitulion of the sum of £62 to the Otago Farmers’ Co-operative Association which obviously was the owner of tho money. He remarked that tho association was lucky to get so much back. GOLD UNACCOUNTED FOR. Samuel James Ho-wcjolms appeared to answer a charge of the theft on or about Juno 1. 1916, at Cardrona, while he was servant of the Cardrona Dredging Company, of 1950/. 9dwt 14gr of gold of the value of £7BO tho property of the Cardrona Compauv or in the alternative of having received (hjs amount from some person or persons unknown,, knowing it to have been dishonestly obtained. Mr Hanlon and Mr Irwin appeared for the prisoner, who pleaded not guilty. Mr Adams, in his opening statement, explained tho nature,of the charges which were alternative. If they were in some doubt us to whether tho ‘ accused was the person who actually stole tho gold, then subject lo his Honor’s direction, it would bo open to them to find that he received the gold from some other person. It was not essential for them to know from whom that gold Was obtained, if from all the circumstances they, could say that the gold must have been dishonestly obtained. He went on to outline the association of 110-.vo-johns with the Cardrona Dredging Company from its formation in 1909. He emphasised the fact that from the time of his appointment ns manager HowojohliS had absolute control of the working of tho dredge and of the company's operations on the claim. Everything was in his hands. He was in a position in which great faith was reposed in him. The company went into liquidation in 1916, because- foi‘ some time the returns had not been good. .Some timo after that the accused came to live at Pori Chalmers and since then he appeared to have been constantly employed either at Port Chalmers or Dunedin. Tie had not during that- period been concerned in any employment that would involve the handling of raw gold. In Afay of last year accused wits an employee of the Drainage Board and ho borrowed a sum of £2O or £3O from another employee named Martin. He gave as security a small bottle supposed to contain about 7oz of gold. This fact was material ns showing the financial position of the man while' lie was holding this large quantity of gold. Later on accused approached Atari in, who .was then employed in Garsido Brothers’ foundry to ask his assistance in disposing of about 200ov, of gold. In Iho absence of any explanation tho Crown invited the jury to regard the more possession of this’ gold as a highly suspicious circumstances. There wos no open market for gold. In Dune-din (hero was only one licensed dealer, Air Harman Reeves, outside tho hanks. Accused told Atari in he had had the gold about four Years, but later he stated to the police that ho had had it for about eight years, which took it hack to the time when (he Chi-. drona Company was getting into difficulties If I he gold had been honestly obtained there would have been no difficulty- in disposing of it nt any timo at its fair’ value, and it would have brought in an income cf unite £4O a year, but accused had kept it all these years, useless in a bottle. The Crown invited them to regard that ns a most suspicious circumstance which would help them to conclude that the accused bad dishonestly obtained the gold. The n<> eased asked £3 12s 6d for the gold ami that again was suspicious because it was much below its real value. Later a sample of 4oz of the gold was submitted to Mr Ashby, gold officer of the Bank cf New Zealand, who found that the assay decimal of. (he sample enrresnonded very closely wilh that of the gold from (he Ordrenn claim. It must- be Koran „,j m i (lu . Crown’s case depended largely on the absence of any satisfactory explanation other than (ho explanation suggested by the Grown. If this gold had been bonestly acquired then what diffi-ultv would th-re be in estnblisbine- the facts and showinothat the gold had I'cen honestly rermired ? In the absence of any explanation the Crown invited them in attach the highest import mice to the 'grninsl »>-ps of suspicion that he hud mentioned. When opeJ-ioned bv tlm defectives am used h"d said it v.---r imno“ffble fnr him In tell them wh-re Ye got Ibo geld: and when --anied that b would lie d'niynl with tbr.fl t.„ s-,-' 1 bo would b-ve to take the rpceeecibilitv. Tf n s nU f . factory evplan'll;op hid been a( that singe ;f, would have ine-np I tup these p>— ■- ceedings would e-wer hwe l, n i»i begun. Air Ad-,w nvo-eeded to call fuddenee. W-dip,- .Tames Gdl. employed nt the X"tb<pal Rank, -produced a bottle of gold which bad been handed in (o the bank bv Mr lies. There Wii= 195nz in 111-' bottle. 'l'he ounces Were taken for assaying pnrne=e= William Martin, brass finisher at Gar. side’s fnnridi-v said he knew accused in ATav, 1922. Witness tent am-used between £2O and £3O n’-ont the rad of 19?'’, and accused gave him n small bottle-of gold as securit-v He estimated £--( there was 7nz of gold in the bofl'e. The loan was repaid, and he returned the gold to accused.

In May, 1923, accused called upon him and said he had aboflt 200 oz of gold which he wanted to sell. He said he had had the gold for yearn. He brought- a small bottle cf gold” ag a sample, and wanted witness to sell the gold for him.. AVitness was to do the best he could for him. Witness spoke to Air Garside and saw accused again. Garside made an offer for the gold, and accused said it .was not sufficient, and afterwards Garside offered £5 12s cd per ounce, which accused accepted. AVitness subsequently obtained the gold from accused, took it’home, and next day took it to work. The gold was passed over to Ah- Garside, who gave a receipt for it. Joseph Ferrier Garside, an employee of Garside Bros., said he knew Wm. Alartin. who worked at the foundry. He had had conversations with Alartin about the gold in Time. 1925. Air lies called on August 2, amt they went to the National Bank. Witness got a receipt for the gold from --1- lies, who handed the gold over to the bank officials. Edward James lies. mining engineer, stated (bat he resided at Cromwell. lie wap in Duiiodin when (he gold was hdjtdocl over. The gold Was deposited at the bank ns a preliminary to selling it. John Rivers.’ auctioneer at Alexandra, said he had b-ecn a shareholder in the Cardrona Gold Dredging Company. It was’ formed m 1909, and went into liquidation in 1916. The operations were earned on in Cardrona Valley Kivor. Witness’s company bought out the Lone Star Company. Witness had known accused for many years. When witness’s company was formed accused went on to tho dredge as a dredge hand and was afterwards appointed manager in 1910 and remained manager up till liquidation. The gold was taken once a week, and this was done by the manager. Ho would clean the gold, put it in a. bag, measure it. ami post it to Alexandra. The company would have no chock on the manager. Tire book produced showed the gold won by tho company. Tho book showed that the returns had gone down to soz. The directors could not understand tho returns being so poor. The poor returns led to the company going into liquidation. The company had done remarkably well and had got ns high as 30oz. Tho dredtre and plant were sold after the compauv went into liquidation. A tender of £6OO was received from accused for the dredge and planl. but it was not accepted. Accused spoke to witness about the matter in Alexandra. He was wondering why the directors were so dissatisfied with him, and witness told hirti ho had better ask tho directors. The gold produced was similar in appearance to that won by the company, Accused hold 58 share. 4 in. the company. The company made no private sales of gold. Witness said the Lone Star Company went into liquidation just before the new company started. That company had been working with steam, and the now company thought it could do better with water. The company was successful for a lime under the previous manager. During 1910 the dredge was just payable; then the returns went up again. Air Hanlon: That was when you appointed net-used? —Yes. Air Hanlon; Did vou not. in accused’s time, pay 8s in dividends and spend £6OO or £709 on gear?—Witness, said ho could not. exactly tell counsel. Ho could not say under whose management the buckets were put on. Charles Beniamin Curnow. engine driver, residing in Kaikorni Valley, said he had been dredgemnster for iho Cardrona Dredging Company from Alov. 1909. to Christmas, 1910. tie hod to see to the cleaning up of the gold and sending it- on to tho secretary. Someone always helped him to wash up. Howejohns succeeded him as manager. The gold produced was similar to the Cardrona gold. To ...r Hanlon : Any gold from that valley was practically of the same quality. T he company was just dragging o!o n - when he loft. ’lTie dredge was at the wrong end of (ho claim. ,• To (lie Crown Prosecutor; There wore no other dredges except the Cardrona i nd I.a Franchis oil iho river, but people re re working on it. Hector Walker, residing at St. Tv i hi a. said ho was a shareholder and a director in the Cardrona Company. The returns rose considerably under the early management of accused, and (hen went down below paying point. . To His Honor; We got- 12s in dividends altogether. To Mr Hanlon; The capital was £2090 and the assets £7OO to £BOO. Samuel James Luke residing at Roslvn, said he had been the largest shareholder in the Cardrona Company, and also n director He had about 60 years’ experience of mining The gold produced was very -;:milar to Cardrona gold. The company sold

its gold to the Bank of New Zealand at Alexandra. It was not sold privately. Thomas Talbot Grant, at one tinie in the Bank of Now Zealand, Alexandra, said the bank had handled gold from the Cardrona Company regularly. The geld before the court was similar to Cardrona gold. William W. Ashby, gold officer at the Bank cf NetV Zeal&iul, Dunedin, said that on August 22 last a sample of gold had been brought to him by the police. He assayed it. He had assayed the gold of the Cardrona Company, and it did not vary very much. The assay of the gold brought him by the police was very close to the average cf tho assay of the company’s gold. There was similarity in assay and appearance. To his Honor; He could not say that the gold produced came from the Cardrona district. It resembled gold got from the Cardrona River. Continuing, witness said that the gold produced would be worth about £3 19s per oz. Gold rose as high as £6 2s 6d per oz in 1920. Detective Lean gave evidence as tp arresting accused, who admitted he had given Alartin gold. Witness asked accused where he had got the geld, and he said he could not possibly tell. Witness told him he would have to (70 arrested, and accused then said he would have to take the responsibility. Accused said he had had tho gold for eight years. Witness handed the gold to Mr Ashby. Thomas Collier, foreman boilermaker employed by Stevenson and Cook, said accused had been employed under him from December, 1916, to August, 1921. He would be earning £4 odd weekly. Ernest Richati, Drainage Board inspector, said accused bad been employed by the board from April, 1922. till the end of October. 1923. After I he luncheon adjournment, Harman Reeves, stock and share broker, gave evidence that ho had a license to deal in gold, and apart from the banks there was no other licensed dealer in Dunedin. Gold was mostly shipped through the Bank of New Zealand. He did not suppose he had sold more than 200 oz privately during the last two or three years. Reginald Ernest Taylor, accountant at the Bank of New Zealand and gold officer, said that raw gold was not sold to private persons bv his hank. William Thomas Afonkman. public accountant. at one time secretary of the Lone Star Gold Dredgine Company, said the company had carried on its operations in the Cardrona River from 1902 to 1909. The dredgemaster posted the gold to the Bank of New Zealand in Dunedin. No had authority to sell the gold to a-nv private person, and he had never heard of a dredging compauv selling gold privately. Ah- Hanlon first raised the question of whether there was any evidence to go before (he jury. There was no evidence that the Cardrona Company had had gold stolen from it, and he submitted that accused could not- be called upon to account for it until there was reasonable evidence that that property had been recently stolon. He submitted there was no evidence of that nt all. It was submitted that the returns had gone down under accused s manacement, but it had been shown that the gold got under his management was greater than that won under ’the previous management. To suggest that the accused must account for the gold in hi.s possession was putting the cart before the horse. His Honor pointed out that gold was different from any ordinary commodity, and he thought in the circumstances the jury was entitled to say the man had come by it clishoueat.lv. He thought the possession of gold in itself in such a quantity and kept for eight years was sufficient to raise a presumption against him, and he was shown to have been in a position where he could have stolen the geld. He was not prepared lo withdraw the case from the jury. If they found against Air Hanlon's client he would'reserve the point. Afr Hanlon said he was quite satisfied with that- Addressing the jura lie said tlicv could not have failed to notice that the’whole case for the Crown was made up uf suspicion. Was there any of the witnesses who bad said that gold had been stolen from the Cardrona Company? On the contrary, it had been Shown that the company from which the Cardrona took over the claim bad gone into liquidation for want of gold. Under accused’s management it was shown that be pot good profitable l returns. Accused bad been given a free band, but the other members cf the crew wore there, and if gold had been regularly taken something of it would have reached the directors. ‘lf the circumstances wore such as to show that the only reasonable explanation was that the man bad stolen an article they were entitled to hold , him guilty, but that was not the position in this

case at all. Unless they were satisfied that the gold was stolen gold the man was within his rights in refusing to explain. He frankly admitted that the gold shown was like the Cardrona gold, but the leading expert, had told them it was an average sample of Ciuthfi Kiver gold. Mr Ashby told theta they cotild even get a similar sample from the West Coast. Ho had heard many cases bat never one in which the Crown did not fell them of one solid fact it could prove against the accused. It might be “exceptional” fora man to have such gold in his possession, but was that proof that he had stolen it? The second point of the Crown was that tile absence of explanations from the accused was a strongly suspicious circumstance. Thirdly, the fact that the man did not dispose of: the gold when he wag hard up was said to be “highly auspicious.” The case was made, up of suspicious, but a jury could never convict a man upon suspicion. It was not; for the accused to prove his innocence but the Crown must prove his guilt. It would be a terrible thing to think that there might be a miscarriage of justice. They must not say, “He ought to have established his innocence.” for he could not be called ujJon to do so until it had been established that the gold was stolen. His Honor explained the two counts oa which accused was arraingecl. It was perfectly true that there was no direct evidence to show that any gold at all had been taken from the Cardrona Company-by accused or any other person, but that did not dispose of the case. Although there was no direct evidence of theft the conclusion that the gold must have been stolon might be drawn by the jury from all the circumstances of the case and that was really the case that the Crown was entitled Jo make out. The Crown said that in all the circumstances (he accused must either have stolen the gold from (he Cardrona Company when he was manager or received it from some person who had stolen it from the company. During the whole of his term ns manager tin accused bad ample opportunity for stealing from (lie company, and their coninronsensu would tel! them that it was perfectly possible for him to do so in such a way ns not to attract suspicion. If the man came by the gold honestlv why did he kerp £?\Q worth of gold lying in his possession idle all that time? Counsel said that his client was not called. upon to account for the gold. That was perfectly true. But if the man came honestly by it whv did not counsel suggest to them one of the ways in which ho could have done so? Counsel had not been able to suggest a single way in which it was possible for this man to have come bv the gold honestlv. Who evidence was that the almost invariable nrartne of the dredging companies was to sell the gold to (he banka. Who” a man in these circumstances refused to offer any explanation and when learned counsel was ru-dde to suggest any way in which he could have come by it honestlv, then if. looking at -'ll (hp circumstances, the jury was satisfied that this man could not possibly have come by this gold honestly (hey wee justified in saving tint he must have stolen i f and in bringing in a verdfci of guilty on the first count. ' After a retirement of an hour the fury returned at. 4 o’clock with a verdict cf “ndl guilty” ottd the prisoner was discharged:

Another well-attended meeting of Court Excelsior, 6128, A.O.Jt.. was held on luesday last, C.H. Bro. G. O. Jackson presiding. After one member had been initiated into the ancient order, an initiation competition was held for brothers whc had not already passed through the chairs. r.D.C.K.’s Bros. Robertson and W. Sinclair acted as judges. In announcing their decision, in which Bro. G. O. Jackson was awarded first prize, they commended the competitors on their performances. A hearty vote of thanks was accorded to the visitors Before the meeting closed five nominations for membership were received. At the last fortnightly meeting of Pride of Mornington Bodge, A.0.D., M.C. Bro, Oliver opened the lodge. Considerable dis cussion took place over the syllabus foi next year. A good programme for 192' wa s finally drafted atid approved. Bro Hewitt then declared the lodge adjourned The story tellers were numerous, and som« good songs were given by Bros. Jones Jeliey, sen.. Ollivor. Sinclair,, and Mi Barnes at the piano rendered valuable as sistance. Bro. M‘Ban. of Alexandra, out lined the progress of Druidism in the fruit growing district. The evening was con eluded after several choruses had been sung FOR- COLDS OR INFLUENZA and as a preventive, take Laxative Bromc Quinine Tablets. The box bears the sign a ture of E. W. Grove.—AdTt.