Supreme Court.

Otago Witness, Issue 1585, 8 April 1882, Page 22

Supreme Court.

{CRIMINAL SESSIONS

"" '"Monday, 3rd Aphil. ' ; , , (Before his Honor Mr Justice Williams.;) :

- THE GRAND JURY. The following gentlemen were empannelled ■to serve ai a Grand! Jury:— Messrs Francis Fulton (foreman), W. F. .Wilkinson, John Stephenson, James Smillie, W. H. Quick, J; F. Peake, Thomas Lowe, R. L. Livingston, H. S. Jones, Andrew Lees, J. R.. Hooper, ' Henry Karraway, Henry Guthne, John Guthrie, George Grant, Geo. A. Fenwick, Thomas Culling, James Christie, jun., Angus Cameron,' Wm. Cargill, Charles F. Black/ and John Aikman. ' , his honor's charge. . ' . > j His Honor delivered the 1 following charge to the Grand Jury :— '< " " j " " Mr'Fore'man and Gentlemenof the Grand , Jury,—T he calendars the present occasion is somewhat heavier than' usual. Some of the crimes charged are not of frequent "occurrence, but hone of the cases you will have to consider present 'any special difficulties. There is a charge of libel. You will have to inquire if the document' on which the charge is based, was written by the defendant, and whether its contents contain statements prejudicial to the character of the prosecutor. Any question as to whether- the defendant was justified in making the statements complained of, or as to the truth of such statements, will <be a matter to bo determined hereafter. There is a charge of attempt to commit suicide. If you think ■that' the accused' in doing what he did intended to put an. end to his life, the question of his Btate of mind at the time, and as to whether he was- responsible > for his actions, ■ is s not one' for consideration' at the 'present stage of the inquiry. There is a case of personation at an election.' If the accused claimed to-vote,' and voted in respect of a name upon the roll which he knew was not intended to represent his ; own name, the offence would be complete. It would be 'immaterial in such a ease that he imagined himself justified in acting as he did.' Thei-e is a case of perjury. You have to consider whether there is. pi-imd facie evidence that the accused swore to ah untrue statement knowing it to' be untrue. There is a case of arson, a crime' which there is little doubt is of frequent occurrence in the Colony, but which it is exceedingly difficult in 1 most cases to bring Home to the persons suspected. You will have the evidence in the present case brought before >you, and 'there is no need for me to comment 'oh it. There are, I am 'sorry to see, two cases of. violeiib'e in ( the> streets' of. Dunedinj In ohe a woman' <is 'knocked 'down in> broad daylight, arid, as she asserts,irobbed ; in another- a jman is set' upon by a- number 'of people, knopked, 'down, -rendered senseless, arid, robbed' of his watch.' The' other' cases present' rio i features calling for remark.- Gentlemen, if youwil reti>e to your; room' the' bills'will' be laid b sfpre lyOu; (I' ' 1 • <■'■<■ ■•' ' ' '•'"■•!.. ,',„ ..- ' j -„.. .;k BIELS. ..' •; .■.'..' :.. m ' >-■ The' Grand > Jury- returned' true, bills in the following cases:— Hugh Murray,, ■horsei-a'teal-, ingVGiftiert-M'Coll..stealmg!from a' dwelling j Phillip M'BarronV'norse^stealing;' Ffe'dferick 'Gilbert, forging aridu uttering (two -in,dict-, merits) ;''Maggie' Duncan^ forging and' uttering: James Hendefsori. < forging anK'endbrse'ment':ll William 'Dobsom Walker .: arid. James Henderson' -'Adams^ .robbery- with violence,; Jihii {Elder, burglary.; George,Wybar,jper■"jiiry i F'tfank Oliver, larceny ;. Charles* Hitchcock, libel ;' Philip Waldemann,.. arson! and rattetttpted* arson'; ' John Jackson,. John Connell'/and William Riordanj assault with intent •tbr6b; ' ' '- ' '"' • ''''■"' ; ''""•" . / m; :'!,••! ' 'NO'BILLS.' - "X ' •• I The Grand Jury threw* out' the ibill against Robert Eindlay/for attempted, suicide. j No indictment wa"s ■ presented..a gainst Arthur Tame for personation iat an election. • '- ' >• ■ HOBSE-STEALING. ■ '' ;

Hugh Murraywas charged with stealing a mare^ the property of Ebenezer • Jacksop, at ■Mount Stuart, on the 28th of December! last. The prisoner pleaded ?'Not guilty." ' S 'Mr B. C.' JSaggitt (the Crown prosecutor) conducted the ■ prosecution, and Mr Di M. Stuarfc appeared for the prisoner. • • <• The facts of thb case' as opened by the Crown were that the' mare was last seen in a securely • fended paddock belonging to the prosecutor on the 27th ; of "December last: ■ During the latter part <of December the prisoner called at the house of -a person of the same name as himself, Hugh Murray. He was "then riding the mare in question bare-backed. On the 7th' January the prisoner offered the animal for sale ''in Wright 1 , Stephenson, and Co.'s yard, where it was claimed by the' prosecutor, to whom the prisoner gave it up, The account the prisoner gave was that he had bought the horse from a man at the rbad-side for- the sum. of £18, and that' the name of the person from -whom he had •bought it was Robert' Millar. Search had been made in the district.for a person named Robert Millar, but no' such person could be found. 1 The Crown Prosecutor, said that if the' Jury were ; not satisfied with .the account the prisoner gave of how he became possessed of the horse, the Jury would' be justified in convicting him of the offence charged. • . ' i'Ebenezer Jackson,' Hugh Miller,. John Stephenson, and Detective Bain gave evidence in support of- the charge. • ' ■■_ ' ' John Stephenson,' cross-examined, said : I have known the prisoner for some tune, and believed him to be a decent, honest fallow. He has worked for m 6 for some time, and has had considerable sums of money from our firm 1 . On the' lsth of November he received £-20, on the 17th of December £30, and on 19fch of January £26. Our firm frequently sold horses for the prisoner. ■ . Mr Stout addressed the jury for the defence. He relied upon the fact that the accusod offered the horse openly for sale through tho agency of his employers, who knew him wclJ, and who would keep a record of the sale, as establishing the credibility of the statement made by the accused to the effect that he had purchased the horse from an unknown poison- . , The Jury, after retiring for 15 minutes, re- . turned a verdict of " Not guilty," and tho prisoner was discharged. LAIIOKNY.

Gilbert M'Coll was charged with having on the 17th of January stolen from a dwellinghouse, at Hillend Station, the sum of £7 16s 4d, thoprop'erty of • Robert Marriner. . , The prisoner pleaded " Not G.uilty,"an4 was undefended, ;

1 -MrHaggittropened'the-oase-by stating- the facts, from which it appeared that, the money had been left under the prosecutor's bed in his hut, and that after the prisoner had been seen to pass the hut the money was missing, that the prisoner, though he had previously stated that he had no money at all, on reaching Balclutha bought some goods, in payment for which he gave a £5 note. The prisoner had also admitted to the police that he had stolen the money, though subsequently the Crown Prosecutor remarked, he had changed his mind, and determined to take "his chance of a jury." . The evidence for the Crown having been given, the prisoner .addressed the Jury, and they, without retiring, ' found the prisoner guilty, „ i '. . The prisoner was arraigned upon ail indictment charging him with having been previously convicted on two occasions' pf larceny, and sentenced to eight and six months' imprisonment respectively., ' • " " The prisoner denied that he was the person referred to in the convictions. ' \ James Caldwell (the gaoler) was called, and proved the identity of the prisoner with the person named in the convictions, and also that the prisoner had 30 previous convictions against him, principally for drunkenness arid larceny. The Jury also convicted the prisoner on ;this indictment. ' - His Honor deferred passing sentence until the following day.

„ , ; FORGERY. > i Frederick Gilbert was charged upon two indictments' with having forged arid' uttered

valueless cheques." ' . ' ' t The prisoner pleaded guilty to the charge of uttering in each indictment, and the Crpwn Prosecutor accepted the plea. , ,} ■ Two previous convictions were proved against the prisoner, for dairiaging property at' Palme r: ston, and robbery at Timaru. ' ' ' His Honor inflicted a sentence of three years' penal servitude on each, indictment,- the sentences to take effect concurrently.

Maggie Duncan (15) was charged upon an indictment of several counts with forging ; and uttering a cheque for 10 guineas in the name of James Dalziel. Mr J..M. Eraser (Palmerston) defended. Richard Kilgour, clerk at the Bank of New Zealand, Palmerston, deposed that on the 9th of February the prisoner presented" the cheque produced for payment. Mr Reidj the manager, told the prisoner that the' cheque was not, in Mr Dalziel's handwriting, and that therefore it could not be cashed. !3he explained to him that Mrs Dalziel, in the absence of her .husband, wrote out the cheque, but with; his authority. Mr Reid then said that she would have to get that 1 letter, and the prisoner went away. She' again visited the Bank, and gave to witness a letter 'addressed 'to Mrs Dalziel, and purporting to be written by her husband. Mr Reid was 'absent from the Bank at i,this time, and witness' paid the amount of the cheque after 'getting the prisoner to 'write "Annie Glassett," which she said was her name,' on the back'of it. ' • ' " James 'Dalziel," farmer at Shag Valley, stated that'he 1 'never wrote the cheque nor the^letter produced. Accused was in' his service and left on the Bth of February. He paid her all the wages due to' her.' ■ ' Mary Dalziel, wife of the last' witness 'said the accused left her service on the Bth of February. She gave accused £1' note in full of what was 'owing.' No part of the' 1 writirig on the cheque was 'done -by her,' nor 'did! she eVer have the letter in'her possession. Witness engaged a girl named Ann Glassett as a servant, but she did'not go tci h'eri ' 'Witness did nqt see the accused after the Bth' of February. ' } • Walter G. Dpwnes,' corresponding' clerk m the"Baiik of New Zealand -at' Dunedin,j who was called as an 1 expert, said 'there was a reresemblance between the signature on the body of the cheque"and; 'the' 'endorsement. ( ' The £10 10a in the Body of th|e cheque wai • similar to thatm'the'-letter.' 1 ' 7 "' ',' 1;" >' ''' ' ;" '• , This I was'the'caßef6r;the-prbsfecution. ' I '"' Mr Fr'ase'r said that' from' the' extreme youth of the' accuse^ and'the 'fact' ■ tHat'-'she was the child of "respectable parents, the' J^rymu'st be satisfied that this was' a case of. ho ordinary ina'tuVe.'" About'l2 months ago' she' showed "signs'' of 'nienfal 'aberration, , -having left her home without ''saying 1 anything .of "its ' 'The police' were ' communicated ' with,' and ' bri their retuhiing her' tohiir partots'she took 'poison. Wh'e'n'she was' returned to the cell at' Pahrier-,, stbn she would have committed suicide' but for the action of the constable. The composition of trie letter ' 'showed that 'she 1 must 'have received some assistance "in writing' it: There was a total absence of motive, as they would see from' the evidence. ," ' ' ' ' ' ,' ' ' Catherine"Duncan,'m<ther of the accused, stated that oh several occasions she had noticed strange' behaviour on the part of her 'child. Once she ran away from home and had to be brought back by the police. •' ■ ' ' Sergeant Moore, keeper of- the Palmerston gaol,' gave ' evidence as to an attempt on the part of accused whilst there to commit suicide. ' Mr Fraser intimated that' this was his case. 1 "His Honor : Do you mean to say that you have no medical evidence t'6 offer although you' set up'a plea of insanity. •' " Mr Fraser : I know' that it is frequently advisable to have medical evidence in a case such as the present, but, l am .content on r the facts alone going to the Jury, " [ ' ' ' ' Counsel having addressed the Jury,' His Honor summed up;- and in doing- so said that so far as the ( sanity or insanity of the accused was concerned, the Jury, to bring in a verdict of not guilty, would have to •find | that she did not know that' she'was doing wrong in committing the act she did. He was of opinion ,that the letter she brought to the bank, which was of an exceedingly ingenious nature, was sufficient proof that she was in full possession of all'her senses. - ' The Jury, after a short retirement, brought in a verdict of " Guilty," with recommendations of mercy, and that the prisoner should be kept apart from the other inmates of the gaol in which she was imprisoned. 4 His Honor : I quite agree with your recommendations, and I will do what I can to carry them into effect. , In answer to his Honor, The Governor of the Gaol said, he could keep the prisoner apart from the other occupants of the Gaol if required. His Honor .sentenced the prisonor to two months' solitary imprisonment.

BOKGLAItY.

John Elder was charged with having, on the 4th of February, broken into the shop of James Gott, Port Chalmers, and stolen therefrom one brooch and six watches. 110 pleaded " Not guilty." The facts of this case will be remembered, they having been fully published at tho timo the cziho was heard at the Port Chalmers Police Court.

The Jury, after hearing the evidence, found tho prisoner " Guilty," and His Honor deferred pronouncing sentence until the following day. At (» p.m. tho Court adjourned till 10 a.m. tho following day.

(Peb United Pbuss Association.) Auckland, April 3rd. Lance received two ' years' for larceny, and Bloomfield seven years' t for burglary j Bplfcon,

for -forgery and .larceny as? a '-bailee... 1 ' sentenced to one year's hard labour, he pleaded guilty; Margaret Philips, larceny, was acquitted ; Ropehi and Te Nahere, for horsestealing, got five years' each ; Jas. M'Cauley, for larceny, two years ; and J. B. Kershaw. for a breach of the Arms Act, was imprisoned till the rising of the Court. Wellington, April 3rd.

Mr Justice Richmond, in charging the Grand Jury, referred to the light calendar, and briefly touched on the cases. His Honor directed the Grand Jury to find no bill against J. R. Henry, for embezzlement as a bailee, on the ground that the evidence would not bear out. a charge of that .nature. The case of Margaret Cruden Lucy, for housebreaking, resulted in her acquittal. Julius Caesar Huys-' man, for uttering a forged cheque, received two years. John Bourke, for indecent assault, was acquitted. There are two more cases. Christohuroh, April 3rd. The Chief Justice sat at the criminal sessions to-day, instead of Judge Johnston. His open-, ing charge was very brief. He regretted the number of cases of assault on young girls. The Court sat very late,' in order to got the business over by Good Friday. William Hart was found guilty of assaulting a little girl' at Kaiapoi in January 1 last, and remanded for sentence. Matthew M'Callum pleaded guilty to larceny from the person, and J. O'Brien, to twp indictments for , larceny from a dwellinghouse. Both were remanded till to-morrow morning. Arthur Sutton, a boy of 13, was convicted of indecently assaulting a girl of five years, but was recommended to mercy ou account of his tender years.' He was remanded for sentence. ,