CRIMINAL SITTINGS. Monday, August 17.

Otago Witness, Issue 2840, 19 August 1908, Page 34

CRIMINAL SITTINGS. Monday, August 17.

(Before his Honor Mr Justice Williams.)

The Criminal Sittings were commenced at 10.30 a.m., there being the usual largo attendance of the public.

THE GBAN'D JTTRY.

The following was the Grand Jury empanelled: — James Milne (foreman). Harry Islip, Alexander J. Brown, Richard William Brickell, Allan Steven, John Gordon Dempster. Thomas George Gi\cn. Jarne= Combs, Charles Henry Bavley, William Nicholson. John Arthur Shaw, William James Black. Richard fiandilands. William Ernest Allen. Frederick Smith. Peter Campbell, Ambrose Hudson, Thomas Henry Thomson, and John Wood Burgess.

his honor's chahge

His Honor addressed the Grand Jury a? follows: — Air Foreman and Gentlemen of the Gram? Jury, — I am glad to eav that the calendar is not at all a heavy one. There is a ca=e where a arirl is charged with concealment of birth. That is made an offence by the Crimes Act, and the offence consists of disposing; of the <lead body of a child in a manner with the intent to conceal the fact that its mother was d-eli vered of it. In the present case the depositions show that tho child was found in a dress basket, evidently put there by the mother. There is another charge against a girl, as to which you can have no c'ifficultv. There are several charges against a teacher of indecent assault on gup^Ls. You will ha\e the advantage of hearing the \vitnc==e^. and will be able to judge of their ciodibilitv. There is a ca«e where a man is chained with unlawfully pawning goorl= received for sa!<>. That by our law is eruiivalent to theft. Theft, is defined by the act a» a fraudulent converting to the use of any personal nropertv with the intent amongst other things of pledging the f-aine or depositing it as security, and that wa c done in this case. The accused received jowellerv for the purposes of sale, and pawned it, and appropriated the money. There are two cases where the accused are

charged with receiving stolen property knowing it to be stolen. The law makes -it an -offence for a' person to receive property which has been stolen if he knew or must have known that it was obtained dishonestly. If you believe the evidence in the present case you will have no difficulty. The only other case is a case of manslaughter. The accused was the landlord of an hotel at Stirling, and the deceased was his wife. She appears to have been a woman of drunken habits. The case against the accused, as disclosed by the depositions, is shortly this: The woman was found dead ; her death was certainly the result of violence. The circumstances appeared to show that the injuries which were inflicted upon her could not have been the result of accident, nor could they have been self-inflicted. The circumstances also seemed to point to the accused as the only person by whom they could reasonably have been supposed to have been inflicted. The depositions are somewhat lengthy, but that in substance is the case against the accused made by them. You will understand that your function is simply to decide whether the evidence adduced before you makes out a case which the accused should be called upon to answer. It is not. your function to try the case right out.

TEUE BILLS.

The Grand Jury found true bills against Owen Patrick Brosnahan (unlawfully pawning), Robert Wells (receiving stolen property), August Eriekson (receiving stolen property), Frank George Mcl hop (indecent assault.). Richard Cornish (manslaughter), and Daisy Edwards (permitting an "illegal operation).

NO bill.

The Grand Jury threw out the case against Elizabeth Evelyn M'Leod, charged wii-h concealment of birth.

UNXAWFUXLI' PAWXIXG. Owen Patrick Brosnahan (21 years of a^e) was mdioted that he did. on the Bth July at Dunedin, steal three puww, one photo pendant one jam spoon, ore butter knife one gold-mountod pendant, one silvermounted watoh. three rolled gold necklets four tie-pins, one rolled gold and corai muff chain and two rolled gold pendants, the property of Francis Eric Stent The second count charged accused with unlawtully pawning these articles without the consent and authority of the owner, Francis Er, o Srent, with xntent to deprive him or their use.

Prisoner pleaded " Guilty" to the second <W, the plea being accepted by ]Sr Macasscy who appeared for the Crown throughout the day's sitting. Mr B. S. Irwin. anDenrin" for +h* prisoner said he undor^too^ th^this younj fellow had been convicted a number <rf tZt A h8 i d ?* dp himself liah! « to be X T a Ritual offender. Neverthe- ™. \ ( I rwin . ) « ul «n'tted that tho priThJ V b€ 1 1TCn /n«th« opportunity. lhe depositions showed that Stout engaged Brosnahan an a slight acquaintancT^o amolf aild f take i? hars:e of * considerable amount of jewellery. Sfent knew that Brosnahan had no funds, and as a matter fjLrtt gg fftf V t ] ? m lo^ing for a night betore he started on the road. The temptation i.va-3 strong. Mr Maoaf»e 7 said acou^d was a native of I\ew Zealand, and a hotel porter, and nis general character was had. There were about. 16 previous convictions against him Mr Macassev presented prisoner's record to the court. In May. 1902, being convicted at Invercargill of theft, he was committed to the Bamham Industrial School At Dunedin. in March. 1903. he was convicted of attempted theft, damaging property, and breaking and entering, and s™*"^ to 12 months' imprisonment. In 1905 he was convicted of breach of the bylaws and ohseene language, and received a sentence of three months. In May. 1906 at Christchurch. being convicted on nine charges of breaking and entering and theft he was sentenced to 18 months' imprisonment. Tn November last year, at ChnVchuroh. he was sentenced to siv months' imprisonment for theft. At the time the goods were pawned prisoner was livirp with his mother in Dunedin. Some of the articles, to the value of about £11. hatT not been recovered. Neither had the brief bag in which the articles were put when they were handed to accused by prosecutor. There was 35s owing to the pawnbroker. Hi? Honor, addressing aocuspd : If yOuv O u come before tb° court ag-ain, prisoner, upon a charge of theft, or an offence in the nature of theft. \mi will probably be treated as a habitual criminal Tn the present case you have pleaded sruilty to unlaw,ullv pawning. The law does "not coneider that fifueh a serious offence as theft However, yon have bepi> in trouble a good many timos before, and it would be u&eless to give you a nominal sentence. The sentence of the court is that you be imprisoned for the term of 12 months and kept to hard labour.

Pris-owr : Thank your leniency.

you. your Honor, for

A PITIABLE C\ST.

Daisy Edwai-cK 20 ye.nrs of age. was indicted for havinjr, on' July 30 performed an illegal operation upon herself, and there wa^s a second count charging her with permitting such operation to be performed.

Accused., plea of " Gniltv" on the second count was acrc-pted by th~ Crown

Mr B. R. Irwin who apponrod for tho girl, said sh<? had lived all her life in Dun odin, where hr>r pooplo re«- : ded. She was 20 years of «i<re. and had never been m trouble before Had she given evidence lo the police hef-oro her arrest in connection with the principal offender ihe would probably have he-en used a.s a Crown witness. She had 'Wlnvd to do that, believing she wa^ tinvin-r? by some oath given to the real offender, hut after she wa« committed to the Supreme Court for trinl she had qivpn a fu'l account of the whole matter to the chief c'otective. .She wa<= told that it wouM not alter her position, but he understood that the police were satisfied that sho had told the truth.

Mr Macassev said nothing was known ngainst accused, who was a native of NewZealand, and a waitress by occupation Her previous character was reported to he good.

His Honor, afier deliberation. <;a ; '!- Thr case Is not within th-e terms of the Probation Act. nor i« it at p 1 ! within the principle of that act. The offence is Mie of a very serious character. It fVprivrs the unborn infant o' life, ami it risk* th.° lif<? of the mother.* Onr> must ro a certain ov *ent svmr"ithi«-e with a woman in that portion, but it would never do if it was put abroad that a woman might do this aid <xo withou* punishment if h«r previous character hns h-o^n pood 1 shall pa«s a short sentence, not so much as a punishment upon the girl, but as a warning to

others. The sentence of the court is that you be imprisoned for six months; and kept to hard labour.

The girl, on hearing the sentence, burst into tears, and made a feeble attempt to push the gaoler away as he went to conduct her from the court.

RECEIVING STOLEN PROPERTY,

August Eriekson was indicted on three counts with receiving copper boilers on May 29, knowing them to have been stolen. The owners' names were Richard Gill Whetter, John Alexander M'Phee, and Thomas Cole.

Mr William C. Map.Gregor appeared for accused, who pleaded " Not guilty."

Mr Maeassey said that the three counts in the indictment referred to the three different persons to whom the boilers belonged. The evidence would show that two boys named Norman and Marshall stole a copper from a house in Musselburgh, and loter three otheT boilers. These boys went to the accused's house with a boiler about 6.30 one night. They wa.nted to sell it to him, and the accused said tha/t it had more dirt than copper in it, but gave them Is 6d for it. About three days later the boys came back with another boiler, which they sold to him for 2s, and an hour or two later they both returned and sold him two more at 2s each.

Evidence was given by Singleton Oardiner, John A. Fea, Reginald Powell, the two boys mentioned (who admitted that they had told Ericfcpon that Wells another dealer, had sent them to him. which was a lie), Constable Dark. Constable Young, and Defective Lilley. Mr MacGregcr said the question for the jury to consider was- whether the evidence proved that at the time Eriokson Teeeived the boilers he knew they were stolen. That, was the only point in the case, and he did not think the jury would have much difficulty in coming to a conclusion. The jury retired at 3.15 p.m., and returned half an hour later with a verdict of " Not guilty."

ANOTHER C4SE.

Robert Wells was indicted on four counts with having received copper boileTs, stolen from the Caledonian Society, the Salvation Army, and from John Overend Hewton, knowing t.h^m to have been stolen, the offences having he-en committed in May last. Mr Burnard appeared for accused, who pleaded " Not guilty."

The hearing of the case was not concluded when the court adjourned.

SITTINGS ELSEWHERE.

AUCKLAND, August 11. The Supreme Court criminal sessions opened to-day. Mr Justice Edwards exnresead keen regret that it was necessary for the court to sit during Fleet Week. He had never met a more manly, frank, unspoilt body of gentlemen than the officers of the American navy, and we should do our utmost to entertain them. He would make the duties of the jurors as light as he could' to enable them to devote as much timo as }x>ssible to entertain our American guests. Alluding to the charge of the theft of postal notes against several persons, his Honor 6*tid the evidence- was that the accused, in common with other officers, had ■Lh? opportunity of committing the crime. Beyond that the evidence was that of handwriting experts, who were prepared to swear that.- to the best of their belief, the signatures to the forged postal notes were signed by the men charged ; but expert evidence was always to be received with a certain doubt.

August 12.

At the Pupreme Court to-day a youngman named James Stanley was found guilfcv of a nameless crime upon his nephew, aged 12 His Honor said, that ho would order a !ii?ht flogging, but if there was any increase in this eort of thing he would increase the flogging until it reached the maximum 1 allowed. The prisoner was c en-tpnoed~ to five years' hard labour and 10 strokes of the cat.

WELLINGTON. August 12 Tn the Supreme Court to-day judgment, was given in Feist and Parker (trustees and , evcutors of the mil of William Parker) v. ' John Judd. Plaintiffs claimed that t-hey had pa.id off a mortgage to defendant br 'ending money to one Henry Stratton Izard. solicitor, whom they allege wa.s defendant's agent. Tzard made away wifh this and oth-er trust moneys, for which he was sentenced to a term of imprisonment. Mr •Tustiee Chapman said it was one of those disputes which inevitably arose between, innocent parties when a solicitor or an agent had been guilty of fraud, and gave judgment for defendant, with costs. i m1 . . August 17. Tne criminal sessions of the Supreme Court commenced to-day before Mr Justice Cooner. In his charge to the Grand Jury hi<? Honor said -that there were a considerable number of cases to be investigated, but none of them was of an exceptionally serious nature, although he regretted to say that of the 17 eases there were six offences against mora,litv. The other cases were charpes of theft, breaking and entering, assault and robbery. and theft from the person. Herbert WiJ'iom who liirl plended pruiltv to th»ft of sirai' from hi's employers (Mills and Co.), na= sentenced to nine months' imprisonment. Edward Thomas, alias Edward Hughes on a rharsje of forn-ery. received two veai". fiustav Rudolf Fieoken, who had pleaded guilty to a charge of stealing a bicycle ai Dannevrke. was sentenced to 12" months' hard labour. James Madder and Henry Mather were found guilty of breakinpr and entering- premises at KeJburne and st^alins? goods worth £25. They were remanded for sentence. James Smith, charered with stealing- two watches and a chain, was also found pruiltv. and was remanded for sentence. Xo bill was fourd in the capo of Patrick Ryan, charged with indecent i^sault.

CHRrSTCHURCH, August 17. Mr Justice Denniston, in charffins; the Giand Jury, said that only two charges of a sexual nature were on tho charp;e-f-heet. rik| that none of the other cases was of % serious character. He consratula+ed the district on the absence of sonou** crim^e. Tn fch<? charge agatn=t Cameron of bre<rking aud entering, the evidence for the pros^eution will probably rest en a finfpsrnrmt f ound on a glass window of tho ware!'ouv cnforerl. Roger Kolls (18) and Albert Will>am Foot (18 years and seven month' 1 , two Burnham hoys. caire tin for sentence on charges of rheft from a dwelling. Keils uas sentenced i-o 12 months' imprisonment, and to he kept as much as possible from contact wish other men. Foot was ordered to be *put back fo Burnham. Allen James Di\- (27). wbo had ben thrice previously in eirne up for wntf nro on a charge of thef f H'> Horor, in v-ntencing the pri-oiicr to two \ cars' mif)ri sr nincnt, said that if he came up again' he would be

treated as an habitual criminal. Leonard . Hay* (21) came *up for sentence on two charges of theft, and was ■ sentenced to three months' imprisonment without hard " labour. John Hogan (32), on charges o£ forging and uttering, was sentenced to three years' imprisonment on each charge, the sentences to bs- concurrent. William! Cameron was indicted on two counts oS breaking and entering. The first indictment was in respect to breaking and enters ing the premises of Ross and Glendining oa .January 22; the second in respect to having been found on the premises of James Lilley, Sydenham. with intent to commit; a crime. The prisoner pleaded not guiltjt to both counts, but the jury returned 3 verdict of guilty. His Honor, in sentencing prisoner, told him that the next time he came before the court he would be treated as an habitual criminal, and would be locked up for life. He was sen'tetneed to five years' imprisonment, to run concurrent with sentences of four years that thd prisoner was serving. William Bell was indicted on a charge of having, on July 14, stolen from Joseph Clark, of Oxford, a black pony mare valued at £16. He pleaded not guilty, and after a retirement of a quarter of an hour the jury found! accused not guilty. Leonard Sutherland! was indicted on a charge of having,- on July 9, at Winslow, made a false document by signing the name of Barney Kenny, and! of having obtained possession from &&', Railway Department of a case of whisky. The hearing ot the -case was not concluded when the court adjourned till to-morrow. "v" v