SUPREME COURT.

South Canterbury Times, Issue 2949, 22 November 1900, Page 3

SUPREME COURT.

Per Press Association,

AUCKLAND, November 21

William Rogers, aged 75, pleaded not guilty to a charge of attempting to murder a neighbour named William A. Gardner by shooting him. The defence set up insanity. Prisoner was found guilty, .with a recommendation to mercy, on the ground of his advanced' age. Sentence was deferred till to-morrow.

WELLINGTON. November 21

In the Supreme Court, the jury returned a verdict of not guilty in the case of Walter Williamson, charged with wounding Frank Perrett with intent. The first of the Stoke cases began in the afternoon, James Solan (Brother Killian) surrendering to his bail and pleading not guilty to the charge of having .committed a common assault on a boy named James Joseph Owens, on May 30th. Mr H. D. Bell and Mr M. Myers prosecuted for the Crown, and Mr Skerrett, Mr Fell, and Mr Wilford appeared for the defence. The case for the Crown was that Owens had been boxed on the ear, had had his head punched, and had been excessively beaten with a supplejack. Mr Bell said that he was not opening a case of gross brutality against the accused at all. It was a case of a strong man using improper violence to a boy. Owens in his evidence said that he was n<nv 16 years old, and entered Stoke Orphanage in 1893. He narrated the circumstances under which the assault was committed, his evidence being similar to that adduced before the Royal Commission in Ne‘ls(m. At the conclusion of Owen’s evidence, the Court adjourned till to-morrow, the accused being admitted to bail. The jury were released for the might.

DUNEDIN, November 21,

The breach of promise case, Thomson v. Murcott, was concluded, to-day. Mr Justice Williams, in summing up, said that the must turn upon a careful consideration of the correspondence. The verbal evidence bore only to a comparatively email extent on the issues. The jury had to consider whether the letter of September 20th, in conjunction with the previous correspondence, was one which -plaintiff was justified in taking as a refusal on the part of defendant to perform! his contract to marry. The jury retired at 11.15 a.m., and returned at 5.5 p.m., with a verdict for £275. Judgment wa.s entered up for the amount with 15 guineas for the day. and Tialf that sum for the extra day. Leave was given to move for a nonsuit, with stay of execution for 14 days. If within

that time the money is brought into Court, a further stay will be allowed till the motion is disposed of. The Court was engaged to-day with the case of McKenzie v. Roslyn Tramway Company, a claim for £IOOO damages for i;. - juries sustained by the alleged violent sudden stoppage/ of a car on December 14th last, by which plaintiff haul been permanently injured, and her health seriously iaipaired. The defence denied that the injuries were caused by the negligence or carelessness of the company. The tramcar on the\, day in question was suddenly stopped by the gripper striking something. Plaintiff was thrown against the seat, and had developed spinal concussion. The casq is not concluded.

THE STYCHE CASE.

CHRISTCHURCH, November 21

The Styclie case was continued in the Supreme Court to-day, when the examination of expert witnesses for the defence was resumed.

Thomas T. Joy detailed the result of an examination he made on the previous afternoon of the original letters and copies made by Mr Gilby, and described what he considered were variations. He was crossexamined at considerable length by MiStringer, and in the course of his examination struck a number of letters on Styche's typewriter which was in court. He admitted that there was a resemblance between the original letters and Mr Gilby’s copies, but did not consider that it was more so than that between any ordinary copies of typewritten matter. It was quite possible that a fall on to a chair before falling on to the floor would produce all the damage suffered by the machine. Looking at letters he himself had produced there was nothing to indicate that they had been written on the machine in court rather than by any other machine. Herbert James Cunnington, a mechanical engineer, said that he had seen the machine now in court about three months ago at the police station. He considered that most of the injuries might have been caused by a fall. He had been shown the table in Mr Rhodes’ office on which the machine had been kept, and thought it very likely indeed that the injuries might have been caused by a fall from that table. He had examined the original letters and copies with Mr Joy, had heard his evidence, and agreed entirely with him. He could not undertake to swear that the letters had been written on the machine now in court. To Mr Stringer: He was not a specialist in regard to typewriters. After having critically examined the letters he would say that it was probable that the machine in court had written the letters. There were marked peculiarities in the original letters, and that machine would produce some of them. Prom a mere perusal of the letters one would draw the conclusion that they had been written on the machine with a vertical stroke over “3,” but it was possible that they might have been done on another machine.

Alfred Smith, a mechanical and electrical engineer, said that it was quite possible for all the damage to the machine to have been sustained by a fall from a table. He could quite imagine the key-board being damaged by striking the chair on its way to the floor.

Accused, Henry Vincent Styche, then gave evidence. He said that he was io no financial difficulties, and was now in a better financial position than when be was married in 1891. His wife had been delicate since their marriage, and ns she had been getting weaker during the present year she consulted Hr Clayton of her own accord. After referring to conversations with Dr Clayton, he detailed the occurences of October 3rd. On Ihc evening of that day he called on Dr Clayton at the latter’s request. Dr Clayton said, “It was not altogether about your wife that I wanted to talk to you; the fact is I’m rather short of money, and have been trying to raise £IOO, and thought that you, through your wealthy employers, might be able to help me.” Witness said he himself had no money to lend, and asked what security the doctor had to offer. The doctor replied that he had practically none.' After some further discussion as to a loan Dr Clayton said that some kind friend had offered to give or lend him £2OO for a very small favour—putting a patient out of the world. He explained that it could be very easily done; it simply meant the giving of a little extra morphia. Some more talk followed, and Dr Clayton then said that he had been much annoyed at receiving some anonymous letters, and he would hand them to witness in the order in which he had received them. Witness read them, mostly to himself, but the light was bad, and one part of one of the letters was indistinct, and he could not make it out very well; and the doctor, noticing this, asked him to read it out aloud. When he handed over the letter-card, he said, “ Now, don’t you think this refers to Mrs Styche?” Witness replied that it was certainly very suggestive. When speaking about letters, Dr Clayton said that he thought the word “ terrible ” indicated that ai woman had written them. After having read the letter-card witness said that whoever was the writer was a coward, using no pronoun. He, however, thought the letters were a hoax, and told the doctor so. Tiny doctor said the proposal was absurd ; that the job was worth more like £2OOO than £2OO. He then asked if witness would go halves in getting in a detective, but witness replied that he thought it would be better to wait to see how things developed, and in that Dr Clayton agreed, and said that he would show witness any further correspondences The domestic relations between himself and his wife were the happiest that could be imagined. There had never been any friction between them, and he had always mid her every possible attention. In 1393 he took out a joint life insurance policy for £SOO, the Thain object being to provide some sum for his wife in case of his death. Of late years, since be had mastered the machine, he had never used the vertical stroke in mistake for a 5. He had never seen any of the original letters produced until he saw them at Dr Chivton’s house; nor had he written anv of them, or any part of them. He had never found himself making sueh blunders as appeared in the letters. He was not at the office after business hours, and he did not know of his own knowledge whether anyone could obtain access to the offices after business hours. He did not know until after his arrest that (be folding doors had been found unlocked. The typewriter usually stood at the end of [the table, and in addition to the chair on which he sat, there was another chair at the end of the table. He would swear that he had accidentally knocked the machine from the table to the floor, his coat sleeve catohinc in tile machine as he was moving some books from the table, lo the counter at Ids hack In bs fall the machine struck the, dud- bv His (aide TT ° had not tamr)B v e" ! wi*h the much-m- "

any wav, and h° ro’J'i "'<*■ say ' knew -whether it had »nv '-bvacteD' fects.

Mr Stringer asked no fineHious. The Court then adjourned til 1 (' -ic arrow, when counsel will address the jury a.”d His Honour will sum up.