SUPREME COURT.

Otago Witness, Issue 2257, 3 June 1897, Page 24

SUPREME COURT.

CRIMINAL SESSIONS. Saturday, May 31. (Before his Honor Mr Justice Williams.) His Honor took his seat oa the bench at 10.30 a m. THE GRAND JURY. The following gentlemen were empanelled as the Grand Jury : — Messrs Thomas Brown (foreman), John Brown, Wm. Chris 1 ie sen., "Robert Coghill, William Duke, William Anderson Ewing, Andrew Fulton, Walter Gow, John Graham, Henry Harraway sen., John MO. Jamieson, Fitzha.rdinge Jones, Donald M 'Donald, James K. Mollison, Percy Ralfe S'aigood, Thoims Shoit, George Bremner Smith, Edwin Alfred Tapper, William Eric Reynolds, John Sinclair Thomson, and Kamuel Young. Ms honor's charge. His Honor in charging the Grand Jury said : Mr Foreman and Gentlemen of the Grand Jury, — You will have before you the cases of 14 prisoners, who are charged with various offences. Fortunately none of them are of a serious character, nor do I think you will find any difficulty in reßpect of them. All but two are charges of stealing : in some cases the stealing has been accompanied by breaking and entering into a house. As to the other two, one is a case of forgery, the other a case of unlawfully wounding, far as the deposition shows the prosecutor seems to consider that the wound might have been the result of an accident. That will be a question for you to consider. In that c.ise, however, as in all the other cafes, j*ou have not to decide finally the guilt or innocence of the accused. All you have to say is whether the evidence makes out a prima facie case against the accused, which in your opinion he ought to answer. If such a prima facie case is made out it will be your duty to find a true bill. If no such case is in your opinion made out, then you ignore the bill. As I have said, Ido not think you will find the slightest difficulty in any case. Gentleinep, if you wiil retire' to you room the bills will be laid before you. BILLS. True bills were returned in all cases, with one exception. The Grand Jury threw out the bill against Robert Gilmour, who was charged with wounding with intent to do grevious bodily harm at Arrowtown. THEFT AND HOUSEBUEAKING. Alexander Wilson, a lad of 17, pleaded guilty to two indictments — one charging him with theft at Mosgiel, and the other with breaking into a house in Leith Valley, and stealing goods therefrom. Mr Hanlon, who appeared for the accused, asked his Honor to defer sentence, as he wished to call some medical evidence. This young man met with an accident to -bis head, and the learned counsel did not think he was quite right in his mind. As the depositions showed, the prosecutor iv one of the cases said that in his opinion, and he had known him for tome time, the accused was weak both in body and mind. His Honor said he thought there was some indication of that, and defeired sentence until the following day. FORGERY AND UTTERING. ■ James Mitchell Brockie (22) pleaded guilty to an indictment charging him with having on the 22nd of May forged a cheque for £3 6--, purporting to be signed by Andrew Ya'es Lees and James C4ibson. The accused alho pleaded guilty to the charge of utteriug the forged cheque Mr Hanlon appeared for the accused, and said that he was a first offender, and had hitherto borne a good character. The accused was a married man, and had never previously had anything against him, and the learncl coimsel therefor asked his Honor to extend the benefit of the : Probation Act in this case. 'lhc Crown Prosecutor (Mr Haggitt) said that the report of the police was favourable. His Honor asked if the £13 6s had been refundel Mr Hanlon : No, your Honor, I think not. The accused's wife was ill at the time. He was in absolute need of money, and seems to have adopted this means of raisins it. His Honor : He will be admitted to probation for 12 month 1 ; on payment of 3^s a week ; the amount to be applied fiist towaids the repayment of the £3 63, and then towards the expenses of this prosecution. HORSE-S'l HALING. Thomas Day was charged with havintr, on the 24th of December last, at Ewcbutn station, stolen one mare, the pioperly of James M'Outcheon. The Accused pleaded not guilty, and was not defended by counsel. The ease for the prosecution wa-i that the prisoner and the pjoaocutor were acquaintances, and had gonf> a\> country t^g^tber, accused driving I a t\ap for M'<Jutcheon. After s-t.iy ngat Eweburu for some time, the prosecutor weut away leaving a mate in a paddoclc. In December, the accused took the hoise to Blackstone Hill and sold it to John Black for £0 10a. The prosecutor, hearing of the sale, went and claimed the mare as his property, and laid an information against Uie accused. When arrtsated, the prisoner said the mare had been left in his caie, and that he was authorised to sell it if he could got £5 for it. These statements would be positively denied. The accused also said that he had left the money with Mr Thurlow. at the hotel at St. Bathans.

for M'Cutcheon, and this would also be proved to be untrue. Evidence fnr the Crown was given by James M'Cutcheon, James Glen, John Black, Constable Cooney, and William Thurlow. Prisoner declined to give any evidence on his behalf, but made a statement to the jury that he had bpen drinking at the time he sold the horse. He sold the horse with no intention of doing M'Cutcheon any harm. He took ill shortly afterwards aud Avent to Nascby, and Dr Church advised him to go to Dunedin. He took the doctor's advice, and was in Dunedin Hospital for three weeks. The Jury brought in a verdict of " Guilty." Prisoner was senteuced to 18 months' imprisonment with hard labour. THEFT. James Cameron, aged 21, pleaded guilty to a charge of stealing a watch and chain and other jewellery from the Grand Hotel on the 28th January. Mr J. A. D. Adams appeared for the prisoner, and asked that the benent of the First Offenders' Probation Act be extended to him. The police and probation officer's reports were favourable. Mr Adams said that in a case of this kind remuneration should be taken into consideration. Prisoner was in receipt of 10s a week and was found. His Honor : The jewellery has been returned, but there is 10s owing to the pawnbroker. What would the costs of the prosecution amount to? j Mr Haggitt : In this court six guineas, your Honor. •» _ His Honor : Prisoner will be admitted to probation for 12 months, and is ordered to pay 2s 6'd a week during the 12 months — to be applied first to repaying 10s to the pawnbroker and then towards the costs of the prosecution. BREAKING AND ENTERING. Thomas Barrett, who was not defended, pleaded not guilty to an indictment chargit g hint with breaking and entering a building in Goat King street on the 7th of April, and stealing therefrom certain harness and other hoive gear, the property of James Walker, and converting the same to his use. ' j The case for the Crown was that the harness, &c, was stolen from the prosecutor's stable on the night of the 7th of April, and was found in the possession of a Mr S. H. Wilson, who had bought it from the accused on the Bth of April for £1, and coming subsequently to the conclusion that the mitter was not all right, reported s it to the police. Evidence for the prosecution was given by Thomas Wilson, James Walker, Peter Gibson, kamuel Harris Wilson, and Detective M'Grath. The Accused addressed the jury, and in so doing stated that he had bought the harness from a second- hand shop in Great King street, but declined to give evidence on oath, alleging as a reason that if he did so the person referred to would be called to contradict him. If he had stolen the harness he would not, he said, have sold it where he was known or have given a receipt for it in his own name. After 10 minutes' deliberation the juiy returned a verdict of 'Guilty." Sentence was deferred. BREAKING INTO A DWELLING. Henry Kay was charged with having, on the £4th of April, broken into and entered the dwelling house of James Neville, of Ida Valley, and with stealing therefrom two blankets and various articles of wearing apparel. The Accused pleaded not guilty and was defended by Mr Hanlon. The Crown l'rosecutor, in onening the case for the Crown, said that on the day in question the house was broken into and the goods stolen. The accused had been left in the vicinity of the hut, and the blankets and a leather strap were traced to the XJossession of the prisoner. When arrested the accused first said that he had bought the blankets from Neville two years before. Afterwards he said he had received the blaukets in settlement for wage?, and that he had taken them while Harrison was in the hut. Again after the hearing of the case in the Police Court the accused said he had taken the blankets in revenge for a dirty trick Neville had done to him, that when he got them the door of the hut was shut but not fastened, and that he had taken the Btrap to tie them up. For the evidence was given by Thomas Neville, William Robert Neville, Thomas Harrison, Robert Harrington, and Constable O'Biien. Mr Hanlon addressed the jury for the defence, and commented strongly upon the circumstance that, as admitted in the cross-examination, the prosecutor after paying the accused's wages ou Sunday afternoon would play pitch-and-ioss with him. Could they, the learned counsel asked, think it proper that an employer should gamble with a boy he employed for his wages? The accused said he had bought the blankets, and what was meant was that he had given them in part payment of wages. Then the conduct of the accused in not parting with or concealing the blankets was inconsistent with guilty knowledge. The strap that had been taken was of no value ; it was taken to tie up the blankets, and was not in any way hidden, but was given to his next employer. As to the other articles alleged to have been stolen, none had been recovered, and this was aUo a fact more consistent with the innocence than with the guilt of the accused. The jury retired at 5 40, and shortly returned with a verdict of " Not guilty." The atcused was then discharged. The court rose at 5.30 p.m.