SUPREME COURT.

South Canterbury Times, Issue 3488, 10 June 1884, Page 2

SUPREME COURT.

TIMARU—THIS DAY.

Before His Honor Mr Justice Johnston.)

GRAND JURY. The following were sworn in as a Grand Jury :—Messrs G. L. Meason, J. H. Bamfield, E. Stansell, M. Jonas, P. Cullman, J. C. Knight, J. Guscott, E. G. Kerr, C. E. Shaw, J. Hall, A. M. Clark, B. Hibbard, A. L. Barker, E. Barber, R. Chisholm, W. C. Fendall, W. de J. Reeves, R. Allen, F. Cliesold, B. Clissold, G. F. Cinlee, J. Rutter, and G. F. Lovegrove. Mr E. G. Kerr was chosen Foreman. Messrs J. C.MoKerrow and A. Bristol, absent Grand Jurymen, were fined £5 unless cause were shown. The former coming in shortly after, the fine was not recorded.

Mr J. H. Bamfiold, Secretary to the Board of Education, asked to be exempted, as he was in charge of a public office, viz., the Education office. His Honor held that as the applicant was not a public servant appointed by the Governor’s sign-manual, be could not claim exemption. 1 Dr Macintyre, at this stage, certified to His Honor that Mr Bristol was too ill to attend, and the fine was therefore remitted in his case also. THE JUDGE’S CHABOE.

His Honor, in bis charge to the Grand Jury, congratulated them on the lightness of the calendar. It was gratifying and contrary to expectation, to find that the depressed times had not produced any considerable accession to criminality. There was no evidence that any new criminal class was being formed in the colony. There were, of course, charges of forgery —the false cheque system was still flourishing, though in some parts of the colony it was dying out. Some people appeared at last to be picking up common sense. As long as shopkeepers and publicans continued to change cheques recklessly signed by persons unknown to them and presented by casual callers, they were guilty of assisting and offering temptation to forgery and were guilty of grave moral delinquency. His Honor rather thought the legislature ought to interfere to sheet home a share of the punishment to the persons changing cheques in these cases. The vigilance of the public must aid the law, for it was a fact that in this colony (in proportion nf course to the population) there were twenty times as many cases of forgery as there were at Home. His Honor then proceeded to lay down the law in reference to the various offences in the calendar. In reference to the charge of embezzlement against Joseph McKay, His Honor directed the Grand Jury that if it were shown thot accused held a certain defined position as a trusty servant, that part of his dnty was to receive money, and account for the same, and that he failed to do, this would be evidence of mis-appropriation. It would be for the Grand Jury, however, to consider whether the accused might have failed to account for the money in the usual way, and yet not have actually misappropriated it. Having further advised the Grand Jury in reference to the remaining cases, His Honor dismissed them to their room. TRUE BILLS. True Bills were returned against Charles Littlecott for forgery and uttering ; Walter Thomson, forgery. fobgeet and utteeing. Charles Littlecott was charged with forging a cheque for £1 2s drawn and signed by Mr Mitten, Station Manager,, by altering the figures to £7 2s, and uttering the same by presenting it to Mrs McKay, a storekeeper, in payment for goods and receiving change £4. Mr White appeared on behalf of the Crown to prosecute. Prisoner pleaded guilty. Inspector Broharn in reply to His Honor, said nothing was known against

prisoner. Prisoner asked His Honor to defer sentence until the arrival of hie. (prisoner’s) father from Ashburton, Heexpected his father would arrive by the> Express. Sentence was accordingly deferred. Walter Thompson was charged with forgery of a cheque for £49 on April 17, drawn on the Bank of Hew Zealand, and uttering the same. Prisoner pleaded guilty. His Honor ordered Valentine Reid, draper's assistant, to be sworn, and, questioned him as to his conduct in* changing a cheque presented by a person unknown, and signed also by a persout unknown.

Witness said he made a few enquiries,, hut nobody seemed to know Mumford’s signature, though everyone said Mumford was right. His Honor said (he circumstances were gross and perfectly disgraceful. Had the witness been principal instead of assistant in the establishment, ho (His Honor) would have deprived him of his costs and refused the whole costs of the prosecution in fact, A thing of this kind illustrated very clearly the truth of what he had before remarked. Prisoner, in reply to the Bench, said he could only throw himself on the mercy of the Court, His Honor in passing sentence, said under ordinary circumstances he should feel called upon to pass a very heavy sentence, but he could not shut his eyes to the fact that the shopkeepers were accessory to the crime, for which they were habitually offering temptation. [At this juncture, prisoner was observed speaking to the gaoler, and His Honor peremptorily asked the latter why he permitted such conduct. Thegaoler informed His Honor that theprisoner wished to address the Court,, to which His Honor consenting, prisoner remarked that it was his full determination to repay all this money as soon as* he got out of gaol. His Honor expressed his sincere hope that prisoner' would carry out this determination.] The prisoner was then sentenced to*, two years’ imprisonment with hard labor.

COMMON JURORS. The following were sworn in as common jurors:—M. Hobbs, C. Kelly, M. Rock, T. Williams, W. M. Sims, W. S. Padget, J. Lewis, H. Squire, W. F. Binskin, W. Healey, A. J. K. Thompson, A. Bennett, J. S. Keith, E. Mitchell, P. Hooper, J. King, J. Goodall, J. Orr, George Washington, J. Campion, M. Swete, W. Cook, J. Grant, J. Phillips, D. N. Inwood, J. Watts, F. W. Badham, J. W. Miles, D. Charters, F. Mullarky, F. Ollivier, M. McXibbon, W. Stonyer, J. Scannell, T. Killie, J. Mercer, and W. S. Armitage, The last named was excused at his own request on the plea of very urgent business. TRUE BILLS. True Bills were found against Samuel Kirkpatrick for house-breaking; Henry George, for forgery; David Taylor, for embezzlement ; E- H. 0. Plowden, for false pretences. NO BILLS. Ho Bills were found against Charles Kotepahi, for robbery from the person ; E. H. Davy, for indecent assault. No Bill was found against Joseph Mackay, for embezzlement, in all the charges preferred against him. house-breaking. Samuel Kirkpatrick was charged with entering the house of one Daniel Seaton at Waitohi, on January 6, and stealing therefrom, goods, and chattels, and money, to the value of £ll. Mr White appeared to prosecute. Prisoner pleaded “Not Guilty.”

The following jury were sworn : Messrs J Goodall, (foreman), M. Hobbs, W. M. Sims, J. Lewis, H. Squires, A. J. K. Thompson, J. Campion, W. Cook, P. Mullarky, J. Scannell, J. Walts and £, Mitchell, Mr White, for the prosecution, briefly stated the case, which was as follows : —On Jauary 6th, prisoner, who had been in the employ of Mr Seaton, the prosecutor, entered that gentleman’s house during his absence at Church, and stole therefrom certain chattels, and a sum of £ll. The following evidence was heard : Daniel Seaton, farmer, Waitohi, recognised prisoner and remembered the date and circumstances just specified. On returning from Church he found his papers disturbed, and his wife missed the £ll. Prisoner had been seen passing along the road. Witness observed footmarks about the house; some being those of a person going towards, and others of a person leaving it. He saw the boots closely when prisoner happened to put his foot up. The prints of them corresponded with the marks made by the person who entered his house. His Honor—Do you mean to swear to the jury that you recognise an ordinary boot like this, merely by having seen a '• man lift his foot. Do yon swear this is the boot? Witness —I do, yonr Honor. Jane Seaton, wife of the previous witness, gave evidence of the disturbed state of the house on their return from church. J. McClintock, wheelwright, deposed to seeing prisoner in the vicinity of the bouse on the afternoon in question. The prisoner cross-examined the witness but failed to shake his evidence.

W. Moore, farmer, Waitohi, said he also observed prisoner about the same time approaching Seatoa’s house and described the unusual path he was taking.

To prisoner—l don’t remember yonr wishing to buy some of my pigs. I often used to meet you on the road. The gully could not be very easily crossed except by the way I observed you going. Henry Newbould, clerk in the Union Bank of Australia, having entered the box, .... His Honor declined to receive this evidence, as there was no link connecting the prisoner with the changing of the£lo noteat the Bank, remarking that this was merely a suspicious circumstance which might), have led to something, but did not. Witness was accordingly directed to stand down. Constable Burke said he went to Seaton’s house on the day after the robbery, and was shown the footmarks outside, and the disarrangement of the dwelling inside. The door and staple had evidently been tampered with. He had compared the boots and footmarks. Constable Morton deposed to the arrest of prisoner, on the charge of breaking into Mr Seaton’s house, Prisoner tried to escape from witness, but without success; and then kept on repeating Seaton’s name, winding up by remarking. “Ob well, I got into it once through talking,but I wont this time,l’ll bold my tongue.” The boots produced were those he was wearing. This was the case for the prosecution. For the defence prisoner called W. Cunningham, farmer, who deposed that he had paid prisoner wages on several occasions, but as far as he knew, the money always went in drink. This was the case for the defence. The prisoner, addressing the jury, said he would make no comments on the evidence, but would leave the case in their hands His Honor summed up, pointing out that the evidence was circumstantial, and the jury after a few minutes retirement returned a verdict of “Not guilty.” FOIiGEEY AND DTTEBING,

Henry George was indicted, for that on February 20, he forged a Bank of New Zealand cheque for £8 10b, and uttered the same. Prisoner pleaded guilty, and was senfenced to two years’ imprisonment with hard labor,