SUPREME COURT.

South Canterbury Times, Issue 3340, 15 December 1883, Page 2

SUPREME COURT.

TIMARU—THIS DAY. (Before His Honor Mr Justice Johnston) ADMONITION TO A GRAND JURYMAN. Mr J, G. Knight, a defaulting Grand Juryman, appeared to make his apology for yesterday’s non-attendance, which His Honor accepted, at the same time admonishing Mr Knight of the impropriety of his conduct in writing to him (the Judge), and informing him that no one could claim exemption from service, except those specified by statute. ASSAULT WITH INTENT TO SOB. James Choyne was indicted (1) for threatening W. Myer, on July 21, with a revolver, with intent to rob him ; (2) for assaulting W. Myer on the same date. Both offences occurred simultaneously, near Waimate. Prisoner, for whom Mr Hamersley appeared, pleaded “Not Guilty.” The following jury was sworn: — Messrs E, Jones (foreman), J. Rapsey, J. Orr, W. Budd, E. H. Clark, J. Eeid. W. Eawston, P. Brosnahan, W. G. Huggins, D. Ross, E. Austin and R. Edminston.

Mr White, for the prosecutor, stated that, on the evening of July 21, prosecutor was riding along the Waimate Gorge, when he was met by prisoner, who ordered him to stop, stating that he was Dick Turpin, and that he was armed with revolvers ; and that subsequently, he seized prosecutor’s horse and struck him (prosecutor). He called

W. Myer, farmer, the prosecutor, who said he was driving a trap through the Gorge at Waimate on the evening of July 21, and was walking beside the horse, when a man came up, and said, “ Stand give up your money,” to which witness replied, “ I have no silver.” The man then said, “Take your horse out, I am Dick Turpin and I have four revolvers,” on which prosecutor replied, “ I’ll do what you tell me.” The man had something in his band. Witness took the horse out, and was then ordered to take off the reins. Subsequently, mounting prisoners horse, witness rode off. At a late hour, witness being in company with other men, again mot the same man who thereupon struck him on the chest; and who, pulling off his coat, wanted to fight, but was held back by the others. He (the man) was evidently in liquor at the time. It was moonlight, but cloudy. To Mr Hamersley—He had no revolver in his hand—it was bright, like a knife. When I met him the second time, he and another man were quarrelling. When I rode away from him at first, on his horse, I never looked back, nor did I hear him call mo. I rode on, and never stopped till I got to town. I was not having a friendly chat with him when I took the horse out. I was afraid, for I thought I should be stabbed. I do not know that I am a very nervous man. I have been a soldier.

James Lilly, groom, said he rode through the Gorge with prisoner, on the night in question. Prisoner called out to Myer to come on, as they passed him. Myer did not respond, and witness then left Cheyno behind, and rode off in another direction, and did not see him again that night. To Mr Hamersley—l knew Cfaeyne, as a blacksmith in steady employment. On this evening Cheyne was drunk; and that is why I went with him through the Gorge. Kichard Barker, contractor, said he saw Cheyne leaving the hotel at about 10 o’clock on the night in question, with Lilly. Witness walked in the direction of the Gorge, some time after. There he saw prisoner standing by a horse (Witness was here proceeding to add that prisoner said to him “ I want some money,” but His Honor holding that this was evidence of another attempt at robbery, disallowed it.) Witness and prisoner had a conversation. Prisoner said he had a revolver. Shortly after, Myer and two others came up and prisoner wanted to fight anyone. He rushed at witness and witness knocked him down, after which he (Cheyne) went away. Prisoner was not drunk; he had merely had a few drinks. John Hanson, gardener, stated that he saw Cheyne after Myers had complained of being stuck up ; and he (witness) asked prisoner why he stuck the old man up, to which prisoner answered by asking what business that was of his. Prisoner threatened witness ; he was not sober.

This was the case for the prosecution, and Mr Hamersley having addressed the jury for the defence, His Honor summed up. The jury, after five minutes deliberation, found the prisoner “ Not Guilty ” on the first indictment; and, on the second, ’‘guilty of a common assault.” Inspector Broham said there were no previous convictions recorded against tho accused, and Mr Hamersley added that he had been already five months in gaol. His Honor (addressing the prisoner) stated that he had had a very narrow escape ; as it was competent for the jury to have found him guilty of robbery under arms. Had that been so, had prisoner even, in pursuing his practical joke taken one pennypiece from Myers —had a knife or revolver been subsequently found in his possession, he would have rendered himself liable to penal servitude for life. Any freaks of this sort must bo put down with a high hand. This respectable lawabiding community must not be allowed to be disturbed by a fashion of highway robbery, by men calling themselves Jack Shepherds or Dick Turpins. If any man, inflamed with liquor, chose to conduct himself in this way, he must, for tho future, be made to understand that he did so with a rope round his neck. He warned prisoner that had the jury found him guilty of assault with intent, he should have passed a very severe sentence upon him, for ho regarded it as his duty to put down tho first manifestation of any highway robbery spirit. The law provided 12 months’ imprisonment as tho maximum penalty for assault. Taking into consideration that prisoner had already been five months in gaol, ho would now be sentenced to imprisonment for seven calendar months with hard labor.

This completed the criminal business, and the Court adjourned till Tuesday, 18th inst,, at 10 o’clock a.m., when the civil business will be taken.