SUPREME COURT.
CRIMINAL SESSIONS OPEN. The criniin:il sessions of the Supreme Court opened this morning, his Honour Mr Justice Herdman being oil Hie Bench. THE GRAND JURY. The following grand jury was empannelled:—A. C. Reed- .1. B. Xeale, 11. J. Shand, R. L. Hicks. K. M. Ollivier, .1. \V. dibb, A. I'. Hopkins, 11. .1. Otlov, 11. I'. Rridge, ('. M. Ollivier, .1. Reynolds, L. Ilclliwell, A. 1?. Chester, R. M. McDonald, W. Bower, L. I?. Lovell-Smith, A. C. Andrews, L. Corilerv, YV. 8. Nowburgh, A. H. Guerney, ('. L. Hart, \V. W. Charters. .1. Garrard. 11. .1. Otley was chosen foreman. HIS HOXOPR'S CHARGE In his ehnrge to the grand jury, his Ifonour saiil that there were five charges which they would have to deal with. but in none should they have any difliciilty in coming to a decision, nor were (lie charges of a particularly Slave character. They affected eight accused persons. The Grand Jury returned true bills against dames William Dumpletoii —alleged indecent assault on female; Ethel Esther Com.ins and Percy I'ascoe —alleged theft and receiving, William Henry Forsyth—alleged theft; Charles John Flutey. Percy Harold Flutey, raid Charles .lames Flutey—alleged robbery with violence and .lack Condon —alleged indecent, assault. Mr A. 'P. Donnelly acted as Crown Prosecutor. ALLEGED THEFT. A plea of not guilty was entered by William Henry Forsyth (represented by Mr P. I). Sargent!', charged with the theft at New Brighton on' May .'!, 1910. of an overcoat valued at £lO, owned by Herbert Seton Stewart. Kyle. There was also an alternative charge of re-
ceiving the overcoat. Herbert Seton Stewart Kyle, a veterinary surgeon, stated that on May :> lie attended (he races at New Brighton, and there met Mr lies, ot ! the Provincial Hotel. An overcoat was in his possession an<l about 1! p.m. lie hung it in tlie ■Stewards' cloak-room. On returning later lie found it missing and the fact was immediately reported. The eoat cost him £lO JO/-. * The one produced was his and contained his name inside. He obtained this back on .May 16 and it was the same one which was lost or stolen at New Brighton. George lies, licensee of the Provincial Hotel, Christchurcb, gave evidence that he was with Mr Kyle at: the race meeting previously referral to. lie was with Mr Kyle when the coat was left in the cloak-room. A few days later he noticed the accused in the billiards room at his hotel. The accused was then wearing a coat similar to that previously worn by Mr Kyle, and witness's attention was drawn to this fact, lie noticed the accused plnving billiards a few days later in the hotel and when Forsyth left later with his companions he saw an overcoat on the settee. Thinking it might be Mr K\ lo's witness took it to Mr Kvle's residence, where Mrs Kyle identified it as her husband's. Abdut three and a-half hours after finding the coat, the accused came to witness and complained about losing a coat. Witness could not sav whether when he took the coat to Kyle's there were any oilier coats in the billiards room. .lames Birkerdyke, a plain clothes constable, said that on Mav 1(1 he attended at the Provincial Hotel in response to a telephone message. The accused then said that he had a short while previously lost a coat from the billiards room of the hotel. The accused added, that he was of opinion that the licensee, Mr 0. lies, had taken it. In reply to questions by witness, the accused said that lie liouglit the overcoat from Ballnnt vue's, and it had cost <X A few minutes later the accused retracted this statement and said that lie had bought it from an unknown man at the Queen's Hot'] for £L> about three weeks previously. On May 1(1, Kyle brought a coat into the detective office and two days later Forsyth called there. Witness then obtained a signed statement from the accuse,!. The statement which was read was to the effect that the accused was a clerk, residing at :!:.' Thornton Street, St. Albans. For three mouths lie had been out of work, owing to ill health. He had bought his coat,' which was a brownish and not a green one, which was the colour of Kyle's, for :'.(>/. from an unknown man at the Queen's Hotel. The money was obtained from a relative named Scott. He attended the New Brighton races on Mav .'!. Mr' Sargent called no evidence for the defence. He stated that there had been no evidence to connect the coat found by the licensee of the Provincial Hotel, in the billiards room, with the one lost by Forsyth. If Forsyth had stolen the coat it was hardly likely to suppose that he would have communicated with the police concerning ils loss. As to the misstatements made by the accused concerning where the coat lost was originally obtained, to ('onstable liicl.erdyke, this was explained by (he excite,l condition of the accused. The {'rown's case was r> weak one. ( Proceeding.)
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Sun (Christchurch), Volume VI, Issue 1707, 4 August 1919, Page 11
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837SUPREME COURT. Sun (Christchurch), Volume VI, Issue 1707, 4 August 1919, Page 11
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