JUDICIAL.

Otago Witness, Issue 1742, 11 April 1885, Page 19

JUDICIAL.

Supreme Court*— Criminal Sessions. v Wednesday, April 8, (Before his Honor Mr Juftice Williams.)

THK GBAND JOBY.

The following gentlemen were empanelled as tha grand jury : — Messrs D. Stronach (foreman), J. Jn. Brown, A. Burfc, A. J. Bums, 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, James Scoular, A, Simpson, and Jfi. J. Spence.

his hojjoh's charge.

His Honor, in charging the grand jury, said ; Mr Foreman and gentlemen of the grand jury, the cases you will have to consider are for the most part of the ordinary kind, and present no special difficulties. There is a case of illegally pawning. This offence is cveated by section 34 of " Th 9 Pawnbrokers Act 1868," which ia in the following words : "If any person shall kuowingly pawn, plodge, exchange, or otherwise unlawfully dispose of any article whatsoever belonging to any other person without the consent or authority of such owner, and with a fraudulent intent in any such caaa to deprive the owner (whether wholly or temporarily) of the use thereof, the person so offending shall be deemed guilty of a misdemeanour," There is a case of, shooting with intent to murder. A man must bo held to intend the natural consequences of his acts, and if the accused, when he fired, aimed his pistol afc the prosecutor, then tho intention to kill or to do grievous injury ought to be inferred, unless indeed the accused was co drunk aa to be incapable of forming any intention at all. There are two cases where the accused— a man and his wife — are each charged with inflicting actual bodily harm on children. The man is the father and the accused the stepmother of the children, and tbe injuries were inflicted by chastising them. The law on the subject has been very plainly stated by the late Chief Justice Cockburn, as follows : " A parent may, for the 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 degree, or if it be protracted beyond the child's power of endurance, or with an instrument unfitted for the 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 fade case of unlawful violence against the accused, or either of them. Gentlemen, if you will retire to your room the bills will be laid before you.

TBUE BILLS.

Tho 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 Cousons, larceny ; Frederick Rowe, breaking into and stealing in a shop (two indictments) ; Robert Naah, 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) ; James Kastwood and James Myall, robbery ; Hans Hansen, unlawfully wounding.

NO TBUE 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 all the bills, hiß Honor thankod 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 dwellinghouse, Maclaggan street, Dunedin, the sum of £7 133 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 licenoee of the Anchor Hotel, Dunedin. The prisoner pleaded Not guilty, and was undefended.

The case, aa opened by Mr Haggitt, was that the watch, after being missed from a dressingtable, waa traoed to the possession of the prisoner, he having pawned it for the sum of 7s, and that he first stated that it had been given to him by his sweetheart, and subsequently that be had bought it from a man whom he did not know.

After evidence had been given for the Crown, the prisoner said that ha had not made any statement to the effect that the watch had been given him, and that be bad, as be had told the police, purchased the watch.

Tho Jury found tbe prisoner " Guilty." On being called upon, the prisoner gave his age as IS. There wece no previous convictions against him.

His Honor in passing sentence said : Prisoner, as nothing appears to have boen known of you before this, I shall consequently treat these offences — the one you have pleaded guilty to and thia one— aß first offaDces, and shall pass a light sentence. The sentence of the Court is that you bo imprisoned in the common gaol, Dunedin, for tha term of three months with hard labour on each indictment the Bente^oea to be cumulative— making six inonthfl altogether,

EMBEZZLEMENT.

Joseph Albert Green (aged 29) pleaded Guilty to throe indictments charging him with embezzling from his late employers, Messrs Reid and Duncans, Dunedin, Bums amounting to £95

Mr Solomon desired to say a few words on behalf of the prisoner before sentence waa passed. The prisoner waß a comparatively young man, and though he (the learned counsel) did not wish in any way to detract from the serious character of the crime of embezzlement, which was always committed by a person standing in a confidential relation to thb person defrauded, yet he would point out that the prisoner had dona himself an injury greater than ho could suffer from itu priaonmoDv, having blasted his own prospects and ruined his whole lifa by the commißaion of the crime. The prisoner was well connected, and though that was no reason why be should not ba sentenced the same a3 any othor man, Btill it increased Mb degradation. " The prisoner had bßen in tbe Colony four years, and had a young wife and » child, who would be loft in poverty, without a home and without a friend. His Honor : What is the total amount of the defalcations '.'

Mr flaggitt : 1 have heard ifc is about £500, but I hava no certain knowledge

His Honor remarked that an isolated offence committed under temptation could bo differently dealt with than if the crime consisted of a series of offences extending over a long period of time. From tha depositions it appeared that proper rocQipbs had been given to different persona, and that falsa entries had been made in the blocks of tha receiptbook.

Mr Solomon said that the continuance of tha acts of embszzlement could bo accounted for by tho fact that monny taken recently had been credited to make up previous deficiencies.

His Honor, in passing sentence, said : It appears, prisoner, that you were placed in a position of trust, and that you have abused that position by robbing your employers — not once only, but on several ocoasion3, extending over a period of some months— of considerable sums of money. It is manifest that an offence of this kind is far more serious than an ordinary larceny, and must necessarily involve a severe punishment. No one can regret more than I do that the infliction of euch a punishment will be 'prejudicial tj others thau yourself ; but if it is so prejudicial to othei'B you have only yourself to thank for the injury you have done them. Tho sentence of the Court is that you bo kept to p9nal servitude in the Colony of New Zealand for a term o£ three years on each indictment, the sentences to ba concurrent, so that it will be three years in all.

Henry Dennitt Willcox pleaded Guilty to three indictments charging him with embezzling moneys at Alexandra, where ho was post and telegraph master.

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

The Crown Prosecutor : Yea, that is about the amount.

In answer to the Court, it was stated that prisoner had baen about 15 years in the Government service, and that tha defalcations had occurred within the last six months. The prisoner's story was that he used 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 previouoly w»b known against him. Mr Logan was called to give evidence as to character. He said that he had known prisoner since he came to Otago, about three yeara ago, and that he had always hitherto borne an excellent character.

His Honor: Prisoner, the offence of embezzlement by a person in a position of trust is, aa I remarked a short tims ago in another case, a very serious one. I think perhaps that in your case I am justified in taking into consideration, in mitigation of punishment, your long previous career in the service of the Government, and that during that time you appear to have borne a good character. The sentence of the Court is that you be imprisoned in the common gaol at Dnnedin for the term of two years, and kept to hard labour, on each indictment, the sentences to be 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 he had been several times a victim to intemperance, but «?aa aever ho fully in its power as on this laafe occasion. For several daya after his committal ho had remained in a Ktafce of delirium. The offence had been committed undnt the influence of drink, and if it haii boen a deliberate crime ha might have taken varnish, which could have been sold for more money. It had bsou his intention to make good tho loss he had cauoed, aud he had been engaged to work for Mr Broadbent.

The Prisoner called the prosecutor, who afcatad that ue believed tho prisonoi- to be scrupulously honest when not under tho influence of drink, and that he had had proof of bis honesty ; but he believed that when in liquor the accused would steal to get drinh if the police were within 20 yards of him, if only he could get the drink before buiiag air^-ited. • Mr Haggitt stated that the prisoner had baeu a loug timo in the Colony, and had baen convicted of petty larcenies before — committed probably, an fho prisoner said, whan ho was under the influence of drink.

His Honor, in passing sentence, said it appeared to him that it would be a benefit to society and a kindness to tho prisoner to sentence him to some months' imprisonment, as compulsory abstinence would tend to cure him of his evil habit more than anything elae ; 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 consurrent.

tAECENY.

John Couseus was chargod with stealing a watch, a chain, a greenstone pendant, a pipe, and a hat, the property of Donald Sutherland 1 , on February 24. Prisoner pleaded Not guilty, and was undefended.

The evidence showod that prosecutor, a miner^ on the night in question slept; in a house in a right-of-way off Georga street occupied by a woman named M'Gregw. Prisoner slept in the house the samo n ; ght. In tha morning witness minsrid his pipe and watch, and tfoiner out of the housa, followed prisoner alonj? Georgo street, aud grave him in chargo on suspicion of robbary. Prisoner was wearing prosecutor's hat at the time, and had his watch and chain in his pocket. Prisoner read a statement in which he alleged that the prosecutor pave the property into hia keeping, and ho waa reluming with ifc when met by the prosecutor and a police constable. He immediately handed the property over. The Jury found the prisoner « Guilty," &»fl

bn being called on he gave his age as 33. He said that it must appear patent to any reasonable baing 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 convioted of petty larceny. His Honor sentenced prisoner to 18 months' imprisonment with hard labour. THE SOUTH DUNBDIN OKILD-BKATING OASES.

Carrie Fleming waa indicted on a charge of ill-treating John and Isabella Fleming. Mr J. Maezregor appeared for the accused, who pleaded Guuty. His Honor : I do not propose to paßß 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 ou 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 was then removed.

ASSAULT AND KOBBEHY.

James Eastwood and James Myall were charged with having at Dunedin, on March 19, assaulted and robbed Adam Walker. The prisoners pleaded Not guilty, and were defended by Mr Solomon. Mr Haggitt, in opening the case for the prosecution, said that shortly before the commission of the offence the prosecutor was working as a labourer on the Hindon section of the Otago Central railway. On March 19 he had been paid off, and came to Dunedin in the evening with £18 in his possession. The prosecutor went home with a young woman, and at her residence met 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 Borne distance with them, but as the street was dark, and there was no sign of a circus being there, ha 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 tho greater part the oase would depend on the evidence of the prosecutor, but his statement regarding his being, on the evening in question, at the Queen's Armß Hotel in company with the prisoners would be corroborated. Evidence waa 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 he met the acoußed Myall in the 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 pa, 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 the evidence at length. He stated, on behalf of the prisoners, that they were in the company of the prosecutor at the Queen's Hotel, but that they did not cross the street with him ; and that this was so, he submitted, was 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 Detective Bain had spoken only what was perfectly true, but as the prosecutor could not state the exact time when he was robbad, the evidence was not in any respeot favourable to the accused. His Honor reviewed the evidence briefly, and at 5,30 p.m. the jury retired to consider their verdict.

The following casea were dealt with while the jury were considering their verdict : — LABOENY AB 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 Masterton, of whom he was tha agent. Mr Denniston, who appeared for the prisoner, stated that he was a bookbinder, ana had lived in the district for a number of years, and had always borne s, respectable character. Lately be bad given way to dissipated habits, which led to his committing the offence.

His Honor said prisoner would be sentenced to one month's imprisonment with hard labour on each indictment, the sentences to be concurrent.

LAEOENT OF JEWKLLEEY.

Janet Oliver was charged with having, on the sth February last, Btolen one watch valued st £15, and one locket valued at £10, from the dwelling - house of Abraham Silverston in London street.

Prisoner, who gave her age aa 23, pleaded Guilty. Mr Denniston appeared for the prisoner, and Btated that it appeared from her statement that Mrs Silverston was in the habit of lending her the jewellery in question, and that she was dismissed firom service with the jewellery in her posssssion. 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 the jewellery for spite. The value of the property stolen was considerable, but as it was accused's first offence, she would be sentenced to three months' imprisonment with hard labour.

CUTTING AND WODNDING.

Hans Hansen (30) was charged with that he did on the 9th January last, at Dunedin, feloniously and with malice cut and wound one Clifford Grouse, seaman. A second count of the indictment charged him with having inflicted grievous bodily harm on the said Clifford Grouse.

Prisoner, for whom Mr Gallaway appeared), said he would plead guilty to common assault.

Mr Haggitt said he would accept that plea with his Honor's permission, and offer no evidence. There would be some 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 ho would be at liberty to leave.

ASSAULT AND BOBBEEY.

In the case of asßault and robbery against James Eastwood and James Myall the jury, having been locked up till half -past 9, returned into Court, and the Foreman stated that they bad been unable to agree. The Court was then adjourned, and the jury were taken to Watson's Hotel and looked up for the night.

(Pub United Pbess Association.)

Auckland, April 8. Judge Gillies, in addressing the_ grand jury, said that there were 16 prisoners, charged with 19 offences, the. most serious 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, waa acquitted; James Jones, for larceny from a dwelling, was found guilty and sentence was deferred ; Samuel Bennett, for housebreaking and larceny, got 12 months.

Chbibtohuroh, April 8. The criminal nesßions 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 IS cases, some of which would require rather minute investigation. There were several cases of forgery, also two cases of arson, and tho usual variety of cases of larceny, &c. The Grand Jury found true bills in all the casea except thoso of , Samuel A'Court, accused of inflicting grievous bodily harm, and Charles Hawker, aiding and abetting Richard Hawker in arson. _ The three prisoners tried to-day were all acquitted. They were — James Swanson, charged with larceny from the person of W. Dunsdale ; Elizabeth Ireland, accused of committing arson at Leeston; and Edward Vaughan, for larceny.