DISTRICT COURT.

South Canterbury Times, Issue 3107, 16 March 1883, Page 2

DISTRICT COURT.

CRIMINAL SESSION. TIMARU—THIS DAY. (Before His Honor Judge Ward.) His Honor took his seat at eleven o’clock. On the jurors being sworn, Boyd Thomson, a juror, was excused from attendance on the ground that he was over sixty years of age, indecent assault. James Moyles was charged with indecently assaulting one Violet Earton, aged four and a half years, on Feb. 25, at Timaru. Mr White, Crown prosecutor, appeared for the prosecution. Prisoner was undefended, and pleaded “ Not Guilty.” The following jury was sworn : Messrs W. St. Lindsay (foreman), M. McCabe, J. King, T. O’Driscoll, J, McGrath, W. Hughes, S. Hatfield, G. Seyb, E. Stewart, F. Connell, A. 0. Pringle, M. Cranitch. Mr White stated the case for the prosecution. The evidence adduced was identical with that given in the B,M. Court on Tuesday. The prisoner cross-examined the witness Evans with a view of showing that he (witness) had a spite against him, but elicited nothing. The case being closed, prisoner made a short statement to the effect that he had, while on the beach, been joined by the child, and that they merely sat down together on the beach, fle called no witnesses.

His Honor briefly said it was for the jury to decide between the sworn testimony of the witnesses and the statement of the prisoner. The jury retired for half an hour. On returning into Court they gave a verdict of “ Not Guilty. v The prisoner was discharged THE ETANB. Before the cases against the Eyans were proceeded with, Mr 0. Perry applied for an adjournment to allow an appeal to be made to the Supreme Court to annul the bankruptcy of Patrick Eyan, the preliminary steps in connection with the appeal having been already taken. The ground of the appeal was that no notice of adjudication had been served on the debtor in person, he having at that time left the colony, nor had any order been made by the Court dispensing with personal service, os required by the statute in such cases. Counsel also urged that sufficient grounds had not been shown for adjudicating Eyan a bankrupt. His Honor held that the public convenience ought to be considered, and he suggested that the case should be tried,, and sentence deferred, ponding the appeal to the bupremo Court. This course was adopted.

CONSPIRACY TO DEFRAUD. Patrick, Bridget Leonora, and Mary Ryan were then charged with conspiring to defraud the' creditors of Patrick Ryan. „ „ Prisoners pleaded “Not Guilty. The following jury was sworn;— Messrs W. Stonyer (foreman), J, Muller, D. Boyce, H. A. Temperton, T. McClatchie, J. King, W. Gilchrist, T. Stephens, J. G. McKay, E. Griffiths, M. Cranitch, 3. Hadfield. Mr White opened the case for the prosecution, setting forth various acts of fraud, in which all the prisoners had token part. He then called the same evidence as was given at the Magisterial enquiry on sth and Bth nit. Nothing fresh was elicited in crossexamination. JJJ[The case was still proceeding when we went to press.] ,