SUPREME COURT.

Temuka Leader, Issue 2109, 9 October 1890, Page 3

SUPREME COURT.

Timabu— Tuesday, Oct. I'm

B fore His Honor Mr Justice Denniatoao. The criminal session of the Supreme Court commenced on Tuesday before His Honor Mr Justice Dennistoun. The grand jury found a true bill in every case except that of W. Ingram, of Oomaru, who was charged with wife desertion, hehavihgleft the colony for some time without communicating with his wife. -B&BME8X AND TUBBING. The first bills returned by the grand jury were those against MeAuley, a true bill being found' on each of the charges against him.. On the prisoner being placed in the dock and indicted, he pleadedugiiilty to the charge of (1) forging and uttering a cheque for £3 on the 17th August last; (2) obtaining 10s from P. Kerr on August 20th, by falsely pretending that a cheque he had drawn on- the Bank of New Zealand for £2 was good and that he had money in the' bank to meet it,; (3) obtaining 4s from P. McAteer by a similar pretence respecting a cheque for £3 ; (4) to the fact, that two convictions were recorded against him in Invereargill in September, 1883; and not guilty to a charge of stealing, on the 20th August, a scarf-pin the property of J. Farrell, of 'Greraldine; and to a second count with receiving the same knowing it to have been stolen. Mr White, Crown Prosecutor, said ha would not offer any evidence in the larceny coses, as the accused pleaded guilty to the more serious charges. His Honor said accused appeared to j have been at it for the last 10 years, and Mr. White said there were ten convictions againsthim. Accused said he had been drinking. He had a cheque for £27 Us and spent it all in drink, and did not know what he was doing. He had a mania for that sort of thing when he was drunk. He was very sorry. His Honor passed a sentence of three years' penal servitude. AIrLEGED INDECENT ASSAULT. Wm. Russell pleaded not guilty to a charge of indecently assaulting PriacilJa Phillips, a girl ef 19, at Temnka on the 19th September. Mr Hay defended the prisoner.

The following jury was empanelled : —H. Gardner (foreman), J. Darvey, Jas. Streeter, B. Hoare, J. O'Dowd, W. H. Paget, J. Stevenson, J. Gardner, H. Trousselott, J. Henderson, J. Waller, A. Blanchett. The principal evidence for the prosecution appeared in this paper last week. The assault occurred on the Park Bead, while Miss Phillips was returning home from choir practice. She was subjected to a severe cross-examination, but adhered to her evidence. Q. Phillips, the girl's father, in cross-examination denied that he owed his dismissal from employment as a laborer on the railway to a report by the prisoner's father, his ganger, or if he did he owed him no grudge for it. J;"""W". Salmond, the solicitor who prepared the information of the lower Court, said he first drew out an information for common assault to give the Justices a discretion to deal with it summarily if they wished, or to alter it to an indictable offence. Prisoner said that nothing more than innocent romping took place. He admitted that he pushed the girl down, and held her down for a while,

when her screams caused him to desist. P. McCaskill and E. Thomas were called, and Bpoke well of prisoner's character. ' Counsel then addressed the Court, Mr Hay contending that the whole thing was simply the,result of "skylarking " between the couple. His Honor summed up, and the jury retired at 3,25, returning at 5.25 with a verdict of " guilty of common assault." His Honor said he would pass sentence in the morning. STEALING SHEEPSKINS. John and George Tozer, father and son, were charged with stealing 87 Bheepskins on the 17th July from the Kaincliff station. Mr Hay defended the accused. The father (John) pleaded "not guilty," and the son (George) " guilty." The following were the jury:— Messrs W. B. Browne (foreman), Kenny, Simmons, Matthews, Gerity, Hogg, Child*, Connolly, Spillane, Clarke, Angland, and Bradford. The Crown Prosecutor said the prisoners stood charged with stealing 87 sheepskiDS, the property of Henvy Hoare, of Kaincliff station. Previously

to. July aoouc zuu Doggers oi Dotn sexes, which had been on turnips, died; they were Bkinned, and their skins were hung on the road fence at the station and on a cross fence running at right angles from this road fence. About the 18th July a number of these skins were missed. Enquiries were made, and ultimately 87 were found in a shed on prisoner John Tozer's place, the skins being those of sheep which had died a natural death, and corresponded whh those which had been taken from | 200 sheep. .Prisoners weye on, ihe I Raincliff station &b,out 4 o'clock on

the afternoon of the 17th July with a horse spring cart, it being noticed at the time that there was nothing in the cart but a bag and some fish. Both prisoper* drove away from the station, and went in the direction, of Pleasant Point, where they live, and thus had to pa* the fepee where $e B "ki as

were hanging, the fence being between four and five miles from the part of the station where they were seen with the cart. About 10 o'clock that night —aclear starlight night—the prisoners were seen coming towards the Point in their cart, which was filled with sheepskins. A skin was next day picked up on the road between where the prisoners were met and the fenee where the skins were hung. On being charged with the offence John Tozer said that the skins were the property [of his son George. In concluding, Mr White said that the skins would be identified, and the earmarks on four would be positively sworn to. The brands had been tampered with. Evidence was given bearing out this statement. vl Far the defence it was sought to show that John lozer knew nothing about the matter ; that the son stole the skins, the former having no idea < that they had not been got honestly. The jury, after a short retirement, returned a verdict of " guilty." His Honor decided to pass sentence on the following morning. Wednesday, Octobeb 8. " bentences.

The Court sat at 10 a.m. William Russell was brought up and sentenced to be imprisoned till the rising, of the Court, which was about five minutes. John T»zer and George Tozer were also brought up, and sentenced, the former to three years' imprisonment and the latter to three months' imprisonment. CIYIIi CASEMoss Jonai v. F. R. Oldfield—Claim £l3B 8s Id. The amount was paid into Court, and the only question in dispute was an amount charged far interest. After hearing the evidence judgment was given for the amount paid into court, together with £1 lis for interest, and costs.