SUPREME COURT.

South Canterbury Times, Issue 6755, 9 February 1892, Page 3

SUPREME COURT.

CRIMINAL SESSIONS.

IxM 4RU— -1 ltesday, Feb. 9xh.

(Before H’- Honor- Mr Jr -r j Denn^ton.)

F’- Honou 1 f 'ok b ; s seat at 11 a *n. 188 GBAND Ju-tT.

Ihe Grand Ju / wore or’led pa fo"ows ; Messrs F. W. Mr cheut (foreman), 0. Bowker, F. Blackwell, T. G. Rowley, W. Martin, B. Outhbert, J. 0. Pr*k, F. Cu”mann ) E. Kelland, J. Harder tie, E. B. Guinness, B. Pl’brow, C. Hnsell, R. Orwin, J. Meikle, W. H. Foden, G, L. Mec *on, M. Wr-’te, A. Sherratt, J, Campbell, J. J. Grand!, H. Jackeon, nd J. Cochrane. Hia eonoue’b chaegb. Bis Honour’s charge was very brief. The ce’endar was a short and light one, and tho-r duties wor’d not be d’fficr’t. Ho then directed them as tj (heir task, elating that it we ’ not neceesa / that tbey shor’d ci ’1 all witnesses—it was sufficient for them to call e\idenoe f i satisfy them whether a case ebor’.d go to trir’ or not. The G.and Ju y then ret ; -ed. liae Bs”s were found ; n bI I oases and at 11.45 o’clock, the ger nd jp-ora were d”-chr-ged. THE COMMON JOEY. The common juiy were next oc’’ed up nd sworn, p’l be'ng present. HOUSBBBBAKING Ttiomas Bateman was charged with breaking into the dwelling house of Peter T >oney at JT-'-'gsdov, a on the 12lh day of November and with ete' i; Dg £3 9s 6d one piece of tobacco. The pr'ioner pleaded gu : ’ty and had nothing to say in answer to the usual question. His Honor- sentenced h ; m to 18 months’ hp-d (abco*. bbeghaby. W. B. Cowley was charged with breaking into the Oiub Hotel at 6.16 a.m. on the 16th November and ster’ing therefrom a bottle of wh’skey, the properly of W. H. Jemmett. Mr J. W. W nite, Crown Peosecutor, ap pea~cd to conduct the ease, and M- J. Hay defended the pilsoner, who ploidi i cot guilty. The ju y was empane’led as follows, Messrs W. C.o : ’, A. Martin, A. Hr milton, H. J. Andrews, H. Ool'ins, D. Finlay, B. D.ysdelo, J D.'nnau, F. W. £usc>r, W. Lewis, 0. Har-, and W. W. aims (foreman). On the application of M- Hay o’’ the winesses were order. 1 out of cor -t.

iT'' White then opened the case, the foots of which r -o no doubt fresh >v the memory of o' - readers having been pub’ ; shed by us in fn’l : n December lust. Both on the Bth and 16th November wb'skey of the Hawtho.a blend and G'bey's d’y gin, Mr cite said, were missed from *ha Club Hot 1, and on the night of the 16th it was decided 1> set a watch. C'j:-tigan (the baime i), stayed ; n the bar r” n'ght and about 5 o’clock in the mo.. ,: ng the prisoner crmo through the doer opening from a shoij pr> sage wh : oh is between the bar and the sample room. With the f : d of a plan (a copy of which was at the disposal of the ju.y. Mr White pointed out the rooms, and : ’so where Oostigen won lying on watih, Prisoner got over the counter, opened a td'nd sufiicenlly *• ■ throw the light on a shelf containing bottles nd took a bottle of Hawthorn whnkey. After doing this prisoner went out and fastened the door leading into the sample room,. so preventing Oostigau following him in that direction. Costigan then got out by a corner door, met Constable Hi M ett outside, and ; n consequence of what be sa-'d to the constable, the latter pointed out a man going up Georgo Street. Previous to this the constable had herrd a door slam, and had seen prisoner step from the footpath opposite the hotel into the road iu Stafford Street. They ran after the prisoner who was overtaken as he turned a corner into Sophia Street, and was charged with breakmg into the hotel. He said “1 was never ia the house.” The prisoner was taken to the lockup a .d on Constable Hallefc and Detective Livingstone searching the spot whore accused was awes'-d, they found a bottle of whiskey coscer’ed in some grass inside a hedge. W. H. Jemmctt, licensee of the Ciub j Hotel, gave evidence of missing whiskey And other goods from the bar, and of acquainting the po’-ce with the fact, iso made arrangements for Oostigan to go on watjb, with the reer’t that the p.leoner was caught. 1 Mr Hay briefly crose-oxarr ‘ned as to the arrangements of the hotel in and near the bar.

Jeremiah Oostigan, barman, gave p;i Jculnrs of his watch in the bar. About 5 a.tn. Cowley came into tho bar tl tough an unfast med swing door leac’mg to the sample room. Prisoner took a bottle of whiskey off the shelf. Let b'm alone tiU be wont out when on prisoner lacking the door, witness could not follow him that way. Witness went out by the George sh eet door, and on getting into the street mot Constable He M ett. Witness reported that a men bad been in the ba", end they both followed a man up the street who on being overtaken was found to be prisoner. He der ; ed being in the hotel but wr: arrested.

Vv Hay closely croEB-exsmined the v. Itness as to what he really saw in the bar. The winners admitted that he was drowsy and did not see clearly what took piece. On getting out and seeing Hallett he then concluded Cowley was the man. Cor stable Hrilott gave corroborative evidence as to what took place after Oostigrn had spoken to him, and to finding the bottle of whiskey “ plantad,” end o* her empty bottles of the sane blend at the prisoner’s bouse ; also a bottle of “ square.” Detective Liv.ngstone gave evidence of the loss of stock at the C.ub being reported to him ; and of his suspicions of Cowley. Witness had gone with Constable Ha'lett to search and had found the bottle of whiskey produced, about the spot where Cowley was a..fslod. He also gave corroborative evidence of the search of prisoner's house. In reply • IT' Hay witness said that the bottle of whiskey was found bidden ia grass, This w the case for the Crown.

Mr Hay addressed the jur j for a few minutes. He dwelt on the fact that both the identification by Gustigan and Hallet was weak. Coatigan, on getting into tho street, Sf - ' 1 that a “ inr i” hud been in the be •, and it was HrUelt who raised tho question that it was Cowley. Ano’hor work point was that in a case of brrgla./ it had to bo clearly proved how the prisoner got •’ it) the building, and this had not been dom p’’ tho doors bad been found to be locked. Tne loot that Cowley happened to be about at that hour of the mox eng counted for nothing, as any person might bo out at that hou*. Aga' ihe s ked, was it possible for Cowley to get behind the hedge in Sophia street and hide the bottle of wh'skoy which had been produced. seeing that HVott a id Oosligan were so close upon h !r n. H*s Hodov hav'ng reviewed the evidence, the ju.y at 1.10 ret’ -ed and . t they had not agreed at 1.30, the luioheon adjournment w».i taler-.

1 At 2.16 the jury returned, and the foreman stated that they had not yet agreed. His Honour informed the jury that the law desired agreement, and if they could not agree the jury must be locked up till tomorrow morning. Ho did not tell them this with the view of influencing any one to give a verdict against bis convictions, but to suggest that those who disagree should very carefully consider the points of difference. An agreement was desired if possible, if it was found Impossible to one jury a new trial would be necessary. Perhaps they had better take another quarter of an hour, before he ordered refreshments for them.

The foreman thought this would be sufficient.

In a quarter of an hour, immediately after the jury in the Homes case bad been selected, the jury returned with a verdict of guilty. The prisoner being called upon, Mr Hay said he bad borne a good character in Timaru for many years except in respect to intemperance. He urged that the offence disclosed was not a serious variety of burglary. His Honour said that probably the prisoner had been led into it by his craving for drink. Bub the wuole circumstance showed a good deal of deliberation and preparation in obtaining or making keys. He would take into consideration that be had been three months in gaol waiting for trial, and sentence him to 16 months’ imprisonment with hard labour. ARSON. H. 8, D, Holmes, charged with unlawfo’ly and mr’ioiously setting fire to his dwelling house, the HilMn Hotel, on Deo 6th, with intent (1) to defraud, (2) to injure, pleaded not guilty. Mr Martin (Cnristchurcb), for ihe Crown, Mr White for accused.

The following formed the ju;/ i J. Vickers, D. Maclean, J. Shepherd. A. Galbraith, Jin. McDonr’d, G. Lawrie, 0. Robineon, F. M Jones, J. Binskin, A, Denny, D. Campbell and J. Wright. Ton others called were cbr"enged or order to stand i side. (Left bitting )