CRIMINAL SITTINGS

Otago Witness, Issue 2905, 17 November 1909, Page 34

CRIMINAL SITTINGS

AUCKLAND, November 15. I At the Supreme Court criminal sessions, before Mr Justice Cooper, prisoners were sentenced " as follows : — Norman Edwards i Keals, .theft and breaking and entering, one year on each charge (concurrent) ; William Scott and Ernest Hutchinson, breaking, entering, and theft, the former to two years and the latter to three years' hard labour ; Charles Rolton, criminal offence on a girl under 16 years, 18 months. No bills were returned against Isabel Sinclaire and Olive Yates, both charged with child murder, but true bills : were found against them on counts of concealment of birth. WELLINGTON, November 15. The criminal sessions of the Supreme Court opened to-day. The small number of cases set down for hearing was commented upon by bis Honor. On a charge of forgery Thomas Auhne, alias Story, was sentenced to six .months' imprisonment. Edgar Joseph Mercer,, for the appropriation of moneys belonging to the Railway Department, was bentenced to four months, and Mary Melville, for assault and causing actual bodily harm, to sdx months. Andrew Paulson, a Russian Finn, was sentenced to two years' hard labour for theft. Archibald "M'Naughton, charged with - assaulting John Shelly, a publican, a,nd stealing his watch, was found guilty of assault, but not guilty of robbery. He was sentenced to six months' ,hard labour. CHRISTCHURCH, November 15. Out of 15 cases for trial and sentence at the- Supreme Court to-day, six are for forgery, two for indecent assault, one bigamy, one perjury, N two burglary, one escaping from custody, one murder (the Silver Grid ca&e), and one manslaughter (the motor car accident case). His Honor, in charging the Grand Jury, said that the calendar was not a long one, and, with two exceptions, not serious, and he did not think that the calendar was anything but creditable to a lawabiding district. Referring to the murder case he said that murder wa*>", with perhaps one exception, the" most serious crime known to law, but the present caee was of a nature which should give the Grand Jury very little trouble- indeed. The facts were really not in dispute, and the only defence that seemed to be raised was that the mental condition of the accused amounted in law to insanity. That was a matter, however, which should be considered by the petty jury, for the only question to be settled by the Grand Jury was whether the evidence established a prima facie case against the accused. Dealing with 'the indictment against William A. Humphreys for manslaughter, arising out of the recent motor car fatality in which Captain Pavitt was killed, his Honor 6aid that the circumstances by themselves did not create any assumption of criminality on the part of the accused. What was necessary was proof that the accident resulted from mifccondnct on his part, and the misconduct alleged was that the accused, by taking intoxicating liquor, had reduced himself to a condition which would make him unfit to drive a car, and that at the time of the accident he was driving at an excessive speed. Before the petty jury the Crown must prove beyond reasonable .doubt one or other of these allegations, but the duty of the Grand Jury was only to decide if there was, on the evidence for the prosecution, a prima facie case. Quite a number of forgery cases came before the court, and in the majority (i cases the circumstances were similar — obtaining and filling up a blank cheque and cashing the same at some retail establishment. " The ease with which a man can get a blank cheque," declared his Honor, " and the disgraceful ease j with which he can get a cheque cashed are leading to a large increase in forgry I cases. Forgery now seems to be treated fas a first resource on the part of those who are hard up." True bills were found against Jas. Weston (bigamy), George Allen (forgery), G. S. Ker.nard (indecent assault), and A. !J. W. Roberts (murder). No bill was returned in the case againet W. A. Humphreys, the voting being nine to nine. The Grand Jury examined the witnesses for the defence as well as those for the proscution. the names of all being placed on the back of the indictment. George Sidney Kennard was acquitted on a charge of indecent assault. John Bailley, aged 41, was £«ntenced io imprisonment till November 24. The case was treated as one of being illegally on premises. Jas. Arthur Bennett, on two charges of forgery, was sentenced to two years imprisonment, and warned that if he came up again the sentence would be an indeterminate one. Eugenic Long, for perjury, was sentenced to six months; fJoyd Evans (forgery), 12 months ; Francis Dooley (indecent as-

saulfe), 12 months ; and Archibald M'Kel* lar (breaking and entering with criminal intent on a woman living alone), / ive} years. DIVORCE CASES. AUCKLAND, November 15. Judge Edwards granted a decree nisS in the case of Thomas Frederick Lloyd v.j Lenor Lloyd and John Walter Elson; (misconduct). AN APPEAL CASE. AUCKLAND, November 15. Judgment was delivered by Mr Justice Edwards to-day on an application by the Auckland Electric Tramways Company . for a new trial in the case in whichr • Samuel Horsneli was awarded £700 dam-j } ages against the company for the death? of his wife, caused while travelling oni-" one of the defendant company's tram- , cars. His Honor said that in all cases | where the damages could not be ac« ' curately assessed, as in the'pressent case, the rule was that the verdict of the jury* ' could not be interfered with unless ifi! | was shown to the satisfaction of the courfc I that the damages were so large that no Jl2J 12 sensible men could reasonably,, have" given them,, and jie was unable ix> come^ to' that conclusion in this instance! The* motion, for a new trial must, therefore, bet dicmissed with £10 10s costs by. consent. Execution was stayed until Friday in order to allow of notice of appeal -being given.