SUPREME COURT.

Poverty Bay Herald, Volume XXXVI, Issue 11792, 4 March 1909, Page 5

SUPREME COURT.

HALF-YEARLY SESSION. (Before His Honor Mr Justice Edwards.) The half-yearly session of tho Supreme Court : opened in Gisborne this morning before his Honor Mr Justice Edwards. The 'courthouse, as usual, was largely attended by counsel, jurors, witnesses, and the general public. The business, of the session is exr>ected to bo completed within a week. GRAND JURY. .The-.- following Grand Jury was empanelled : Messrs A. L. Muir, J. Dalrymple. H. J. Christopher, H. M. Porter, G. K. Pasley, J, B. Kells, V. A. Pyke, G. E. Faulknor,. F. T. Morgan, J. W. J. Preston, F. Parker, W. F. Oederwall, M. L. Foster, R. Johnston, J. E. Foster,' A. H. Hodge, A. H. Wal'lis, R. G. Hallamoro, A. R. Hine, G. Grant, J. Whinray, Colonel McCredie, and Hon. 'W. H. Tucker (foreman). HIS HONORS CHARGE. Addressing the Grand Jury, his- Honor said that what he had to say on this occasion would occupy only a very brief time. The only comment he need make was that there was a very gratifying absence of charges for sexual offences. There weire-a number of charges against various persons involving',, dishonesty to a varying degree.^ There, were apparently no difficult points of law, and the duty of the Grand Jury was to see that there was reasonable evidence on which a* jury of would be justified, in recording a conviction. ■-„'•' COMMON JURORS. The followfhag camarion, jurors answercd to their names: J. Third, F. H. LawIon: G. EdWafds,F, L. Thomas, H F. Anderson, T. P. Vosper, A. R. Valder, J.- Walker, W. Pool, J. Chambers; W. G. McLaurin, H. G.' Tucker, V. Moasiter, L.T. Martin, W. Smith, J. H. Gittbs, W. H. Harding, C. W. Taylor, W. A, Robertson, H. Miller, C. Sargisson, J. S. Allan, A. Kirk, D. Peach, D. Gordon, A. F. Kennedy, P. Sheridan, TvL. Steel, A. Morgan, ,E. S. Goldsmith, J. H. Ormond, M. WJ Craig, J. Morrison, J. East, T. R. Parker, H. J. Bendlo, A. Pritchard, J. F. Jeune, E. A- . Church. J; Fisher, J. R. Nicholls, J.jQla*k, C. Cox, and G-. Aj. Sherrilf. TRUE BILLS. True bills wero returned by the Grand Jury- in the following cases: Norman McLeod, alleged theft; Joseph Hahnon, theft; William Collins, alleged forgery and uttering; Patrick. Morris, alleged breaking ana entering and theft; William John Knight^ alleged arson ; James Straker Jackson, alleged assault, causing actual bodily harm; John James Isaac Todd, alleged, theft; Edward) Boniface, alleged breaking ajid entering and theft. True bills were thus returned) in each instance. ALLEGED THEFT. ■ Norman MbLeod was charged . with having, on January 26. at Gisborne, stolen- a saddle and .bradje, the .property vf John Rutherford Shaw, also a horse, the^ property of the some party, y The fallowing jury was empanelled : Miessrjs J. H. Gittos, E. S. Goldsmith, J. Morrison, T. L.. Steel, W. Sihith, C. A. Sherriff, D. Gordon, P. Sheridan, C. Sar. ghawn,yW. A. Robertson,' A. Pritchard, and! J. Fisher (foreman). ■ ;. .' Mir tf.iW. Nblan) Crown Prosecutor, appeared for the prosecution, and! Mr T. Alston Coleman represented the defendant.' The (Sown Prosecutor detailed : accused's visit to Mr Shaw's hotel, at Pakarae, where he hired a, horse^ saddle,' and brictle". f rom the proprietor. Evidence would be forthcoming of certain conversations that transpired and the sale of the property to certain parties. He called John Rutherford Shaw, proprietor of the Pakarae h<>tel, who stated tliat accused came to his houso on January 24. Accused was given accommodation, and the following day applied for the hire of a. horse. Witness- asked him where he was going, and accused said to Puntae. station, a distarioe of eight miles beyond Pakarae. He said he would be back that night 'or the following driy. and witness fcaid the hire would' be ss. Accused took the J '.y_pr»e-,. and • on ' the- "following day (26t_J he was rung rip from the Albion stablfes, 'arid informed by a groom employed; there (Who had "previously been in witness's employ), and from what transpired, he had accused brought -to the telephone,' arid! Avitness 'asked him vMiat he had done with his horse, saddle and bridle. He said he had returned the horse fiom Tatapouri. Witness said, "Don't talk nonsense; you have sold it." Accused replied, "You don't -think I come at that game;" Witness next saw the. horse at the Albion stables, and the saddle at the Magistrate's Court. No authority was given aicused to dispose of the horse, saddle and bridle. By 'Mr Coleman Accused was sober when he came to witness's hqttse. Accuse ed paid' arii account be was owing, £2 ; witness knocking off 6s 3d. The amount was not £7, including £4 10s for the horse. No receipt wa» given, the amount being marked off as paid in the ledger. Thomas Lougher,' drover, staled that be met accused at Tatapouri on January 25, when he offered to sell witness a hor«e. saddle, and bridle. * Witness agreed to purchase the saddle for £1 in Gisborne. which was duly done next day. It was the saddle produced in Cfcurt. ;By Mr Coleman : He paid full value for the- saddle* ijfosepli Francis, proprietor of the AlWdh; Btabl<», seated that . ucoused brought a horse to lns> stables on 'January 26. Next day accused asked witness to buy the horse. Witness said he did) not want to purchase any horse. Accused said ho wa» going away by the boat, and would have to get rid: of it. Witness eventually bought it fov £1, and received receipt produced. There was no saddle a»d bridle ori it. Subsequently he took accused to the telephone, as Mr Lougher was ringing up Mr Shaw. Accused spoke on. the telephone saying, /'I sent your horse back /from Tatapouri." , By. Mr Coleman: £1 was all the hotae Was worth to witness., James Porter, clerk itt the Albion Hotel, said he- remembered Mr Ltwgher *ingirig up Hr Shaw, at Pakarae, and inquiring, whether the latter l»ad sold a horse. Accused was brought to the telephone, and speaking on the instrument said, "I sent your horse back from Tatapouri. . „ • Do you think I would come at r t hat-" j , By Mr Coleman : Accused &eem*d indignant '- with a question asked him on tne'telephone. Constable Torr, of Frasertown^ gave evidence a© to arresting accused at N'Uhaka on January 31. From the description, of a man wanted, he asked accused if his name was McLeod. Accused denied) his name was McLeod. t WitiKW« remarked, "l r ou are near enough. for me," and arrested him, charging liam 'with the theft":- in. question. Directly afterwards accUsad admitted his..nariie was M,cLeod. He-said, he did ; riot steal the horse from Shaw, but bought it and paid for it, adding that both Shaw and himself were Tery drunk at the time. Ho* also said, he .had Tuny Shaw up from Gisborne, and told him he had sold the horse. • Mr Coleman intimated that the defence wua that the horse, saddle, and bridle was., purchased by accused from Shaw, and was paid for at tho time. He commented oh the fact that Shaw's ovidenoe was uncorroborated, although they were told it was to , hiuve been borne out by the. stableman. He called Nonuan McLeod; the accused, who . stated that ori Sandfly, January 24 9< he went to Pakarae, having ridden 64 miles. He sold his horse to the sheplierd at Fuatae, and they rode, on to Pakarae together. He received £9 in notes for the hoise. ' When he arrived at the hotel Mr and- Mrs : Shaw %ere in the bar. Shaw, accused, and his mate had a dn'nk ( together. Shaw, was pretty well drunk, and Mrs Shaw "shut the bar up. Witness was 'sober, having only had one drink that dt!yy Later Shaw told him he had an account against him (accused), which he (accused) kriew was £1 12s 6d. Shaw faid it was £2 12s 6d. They looked over the books and found the bill, when accused asked him to make out a receipt arid stamp it-- Accused detailed a conversation which be said liad ensued, and resulted in his (accused) purchasing s a horsey saddle, and bridle for £4 10s Witness gayA Shaw a £5 note and two VJBI note*?, but obtained no receipt whatever. He lief t at 4 p.m; next day (Monda l y). &e had a few drink/> that evening. His Honor, commenting on the statemerit that Shuw was drunk, remarked

that he was evidently sober enough tc look after his business, to look up thf account, and they found ho was correct. His Honor : You paid this drunker publican, although you knew his accouni was not right? — Yes. Continuing, accused said he was a bit drunk next morning, but after trying th< liorse he had more drinks, and paid 5s 01 10s for board. By Mr Nolan: He stayed Ayith Shaw last September, having just come out of the hospital. He had no money, bul stopped there a week. Mr Merritt. manager of a . station, engaged accused to build a dip, .but as his arm was not strong, Merritt paid £1 for board for him to stay at Pakarae. Shaw described the horse to him (accused), and he thought he knew it. When he went to the telephone he was asked by Shaw if he was not to send the horse back from Tatapouri. He (accused) replied, "I sent your horse back from Tatapouri ; what are you, talking about?" Shaw said, "1 believe you have sold my horse." He (accused) replied, "Yes,* I've sold the horse." Shaw said, "We will have it in the hands of the police." He (accused) said he could have it Jin the hands of whoever lie liked. He disbelieved Potter's evidence as to the conversation, because lie must have spoken to Shtiw about it. The policeman asked him if his name was "John McLebd," and it was not. Counsel for accused, addressing the , jury,^ reviewed the- /evidence" at length, pointing out the conflicting points and the surrounding circumstances. He submitted that there was a preponderance" of incidental circumstances that they y -\vould find in. favor of accused. The Crown Prosecutor pointed out that the defence was a denial of the statements of all the other witnesses seriatim. His Honor said-that if they believed the evidence of Shaw, ifhe case was a very plain one. He pointed out that Sliaw had not been cross-examined as to his sobriety, but this had been brought out for the first time in the Court proceedings. Shaw was not too drunk to remember the old account and the amount, finding that the books recorded what Shaw had told him in the passage. It was a peculiarly drunken publican that could remember the details so aocuTately and then to jjejl a horse, saddle, and bridle, and, to forget alt about it. Accused htfS not even exercised the curiosity to express a desire to see the old "moke," just outside, to see if it would carry him to Gteborne. Counsel for the prisoner in effect had asked them to:-be-lieve that Shaw had'eonio to swear away this man's liberty,* which was amongst the most serious. -offences a mnn could commits- for £4 10s. Mr Shaw held a publican's lfcense, and had so far borne a^ reputable, character to hold a publican's license. V ; Gould , they believe tho prisoner's story? Be reyie\ved the conversation which transpired on the telephone, and , its significance. •■ Prisoner had ' also given a false statement to Francis as to his reason for ( selling the horse, and was afterwards found 60 miles away', from Gisbome. The jury had a. particular -dutjv to -perfoi-m in the present- instance, since- accused had ' endeavored to. transfer criminality to Shaw, which was a much more, serious offence. r ALLEGED HORSE-STEALIXG. Joseph; Harinon was charged with, on October 26, 1908, at Gksborne, be did stieal one- bay gelding, tlie property of David Stewart. . The following jury was empanelled : Messrs G. Edwards, ML W. Ctraig, E. A. Ohuf-ch, A. Kirk, H. J. BendHe. T. P. Vosper, A Rv Valder, H. G. Tucker, F. H. Lawton, F. L. Thomas, J. Third, and J. iS. Allen (foreman). Mr L. T. Burnard represented the accused. The Crown Prosecutor, in opening the case, briefly detailed the circumstances. Charles Tills, cook, stated that he saw Stewart outside the Masonic hotel on October 26 'last, when i^tewart asked accused to hold his horse. Later he saw him (accused) going . along Peel street leading the horse. 'V By Mr Burnard: There may have been further words used, but lie did not hear distinctly. Mjchael Keady,. of the Railway stables, stated that on October- 26 last he *aw accused ' leading ( tu - ib»r»& .up^ and down the street, and- came into the stables some time afterwards, aa witness was going' out. Accused led the horse into the hack yard. Returning at 12 o'clock, accused was still there, and offered to sell "the horse to witness for £7, ■guying he had r iddiea it from Morere. Witness asked if the horse was not in the sal© last Saturday, and accuse^ *aid it was not. He requested accused to jump on i the horse/ T>ut he-refused, and witness offered' £6, which aosused accepted, and gave- a receipt. Accuajed' had on ordinary working clothes .and old,» dirty boots, whilst he also wore a moustaclie. Constable Pratt gave evidence to arresting accused i when he said he hud sold the horse at one of the stables, as he. liad! » i*ight to do s*oy a« tlie owner had. imkecV him to «ell the horfi© and got £3. After he s«jid the' horse anU received the money, he met the owner in the »treet. He offered* the> monev to him, but tfie owner refused to tak«*"it. Accused would not say how much he Received fitw.the horse. On- arrest -ho had £4 7s Bd> on him. Witness descritied' accused's di-ess wlicn arrestetl, having some new' clothes on and clean shaved, somewhat different to the man he Avas looking for. At this stage, ]„20|- Avitness ytewait ha<i failed to appear, and 1 his Honor dismissed the jury for an hour. .: (Per Press Association.) ' WANGANtI, this day. At the Supremo Court last night, Walter Lionel Symes, charged with stealing a. horse at Horppiko, was found not guilty. ■ -.- : - .