SUPREME COURT.

Temuka Leader, Issue 2162, 12 February 1891, Page 2

SUPREME COURT.

Timartt—Tuesday, Feb. 10th. I Before Hia Honor Mr Justice Dennistoan. His Honor Mr Justice Dennistoun took his seat at II a.m. and the Grand Jury fonnd a true bill in each case. Two common jurors, E. P. Sealey and E. Allan, were excused on the ground of ill health. A third, H, Bowers, was fined 40a for non-attendance, but the fine was afterwards remitted on Mrs Bowers attending and proving that her husband was from home, working up country. EOEGtEET AND TTTTEEING Edward Leander Perceval pleaded guilty to three charges of forgery and uttering cheques of £Q, £6 10a, and £7, drawn in his mother’s name, and uttered to tradesmen in Timaru. Mr J. W. White, Crown Prosecutor, said there was nothing against him before this, but there were three or four other cheques besides these, uttered under similar circumstances. Mr Hay said the accused was out of employment at the time, and wanted to leave the colony, and these forgeries of cheques was no doubt for the purpose of obtaining payment of his expenses from his mother. His Honor said he must have known that it was not his mother he was swindling. It was not as if he had a moral claim upon his mother and was taking this roundabout way of getting it. He must have known that he was swindling the people from whom he got the money. Mr Hay: He may have expected his mother to pay these cheques, as she did seme others. Mr Hay then applied that the accused might be released on probation, as he had been in gaol 3 months, but His Honor said he did not think be could apply the Act to this case* and reserved his decision till next morning. lAECENX. Edward Russell, a Maori youth, pleaded not guilty to charges of stealing, on 17th December last, a saddle the property of George Borrell, and a bridle the property of Edward Whitehead, from Opuha station. A second count charged him with receiving the articles knowing the same to have been stolen.

The following formed the common jury: —J. Ogilvie, H. Jackson, A. Scott, P. Eyan, E. Hobbs, J. Dockrell, J. Parkea, J. Hampton, O. O.

Mathews, T. J. Parker, T. Currie, WKlee. Mr Parkea was chosen foreman.

The saddle case was first taken. The evidence was simple. The prosecutor, a laborer, left his saddle in the granary at Mr Wigley’s Opuha Station, and two days later missed it, could learn nothing of it from the station hands, and therefore communicated with the police. Constables Stanley and Egan went to the pah at Temuka, saw the prisoner, who admitted that he had been at Opuha, but denied that be had brought a horse and saddle from the station; he walked home. After a few more words, however, he admitted that he did ride home, and that he brought a saddle from the station. He took the constables to a shed about a mile from the pah, aud pulled the saddle from under a lot of old bags, and gave it to them. After evidence had been taken the prisoner said he took the saddle by mistake, he thought it was Johnny Kahu’s. The jury returned a verdict of guilty and the charge of stealing the bridle was withdrawn. A previous conviction was proved against the prisoner, a conviction of horse stealing at the December session 1889. Bis Honor said be did not like to send a lad like him (prisoner is only 19), to prison for a long term, but the previous short sentence had done him no good. He would sentence him to twelve months’ imprisonment with hard labor.

SHOP-BEEAKING AND STEALING-. Jean Chari, an elderly Frenchman, was charged with breaking into the shop of Charles Kearns at Oamaru on the 28th December last, and stealing therefrom a coat, waistcoat, trousers, and underclothing. Prisoner pleaded not guilty. The following took their seats as the juryF Marsden, W. Rutherford, T Currie, T Gunnell, J Ogilvie, Q- W Gardner, O 0 Mathews, J. Smith, jun, J Gosney, T Keane, A Selbie, J McAuliffe. Mr Mathews was chosen foreman. The Crown Prosecutor stated that the prosecutor, Charles Kearns, is a bootfnaker and general dealer in Oamaru, who lives in a dwelling separate from his shop, in another street. On Saturday the 29th December, be closed bis shop at 9 p.m. and went home, the articles alleged to have been stolen being then in the shop. About 3 o’clock on Sunday morning the prisoner was seen kneeling at the back door of the shop, shaking it and using a piece of hoopiron upon it. The person who saw him called to him, and ordered him off. Prisoner made no reply, but walked away. A few minutes afterwards, the prosecutor, who had been called by the person who saw the prisoner at the door, saw the prisoner, whom ha knew very well, with a bundle in bis hands. He ran after him and asked him what he was up to. Prisoner said, “ I could not sleep.” Prosecutor asked, “What have you there ? ” and piisoner for reply handed him the bundle, and being told to go about bis business be raised bis j hands in a supplicating manner and)

cried “Pardon, pardon.” Prosecutor gave the bundle to the police without examining it, and looking it over after the prisoner was arrested he found the articles in it had been taken from the shop. Evidence was given proving these facts, and the jury found the accused guilty. The Crown Prosecutor stated that he had been sentenced to B years at Napier and 4s years at Wellington for house breaking. His Honor sentenced him to 3 years hard labor, ASSAULT WITH INTENT TO KTJEDEB. Halvor Olsen pleaded guilty to stabbing his shipmate, Carl Johnston, on board the barque Eialto. In reply to His Honor Dr Lovegrove said if the wounds had not been promptly attended to they might have proved fatal. His Honor reserved sentence. BOBBEET PBOM THE PEBSOK. Henry Clarke was charged with stealing a pocket book containing £6, from Thomas Cowell, on 7th January. Mr Hay (of Hay aud Postlethwaite) appeared for the accused. The following was the jury : —G. Chater Miles (foreman), J. Gosney, J. Morrison, W. Clear, J. MeAuiiffe, J* Martin, H. Metson, A. Scott, J, Smith, J. Harrison, T. T. Larkin* and X. Gunnell.

Thomas Ccfwell, the prosecutor, said that he was a farm labourer, and on the 2nd January last came in from Tetnuka to Timaru, drawing £l3 out of the Savings Bank. On the 7th January be was in the Ship Hotel with Thomas Kirk, and from there they went on board the Bangitira. Met the prisoner on board then. He knew what he was doing, having only had a few shandygaffs. On leaving the steamer prisoner and three firemen and Kirk came: off with him. They went to the Grosvenor and had some drinks, witness paying with a £1 note taken from his pocket book. He bad 7£l notes in the book previous to this. The change from ths note he put in his trousers pocket. The whole pstoty bad more drinks there, remaining there 2 or 3 hours. On coming out witness, prisoner, and two others walked down to the main road stopping on the way to shake hands, to bid good night. When prisoner shook hands with witness (Kirk and the other man being some distance away), he placed one hand inside witness’ breast coat pocket, witness trying to stop him him doing so by pressing his arm to his side; but prisoner wrenched away. On being accused of the theft prisoner ran away in the direction of the wharf, and witness at once gave information to the police. At the time the pocket book was stolen there were 6 £1 notes in it. On reporting his loss to Constable Beddek, he was taken to SergeantMajor Mason and Detective Livingstone ; they went aboard the Bangitira, and witness pointed out prisoner, who was lying on deck, as the man who had robbed him.

Thos. Kirk, Joseph Figoni, Jeremiah Egan, Detective Livingstone and others having given evidence, Mr Hay addressed the jury and the prisoner made a statement. The Crown Prosecutor followed, His Honor summed up, and the jury retired for half an hour, returning with a verdict of Not Guilty, Prisoner was therefore discharged. Wednesday—Feb. 11 t^. The court resumed at 10 a.m. ASSAULT WITH INTENT TO MURDER, Halvor Olsen, who bad pleaded guilty to a charge of stabbing with intent to murder, was placed in the dock. His Honor said there seemed to be a doubt as to the exact nature of the affiiir —whether there was a scuffle or not. Giving him the full benefit of the doubt about tbe nature of the attack, the sentence must be a substantial cue ; that be be kept io penal servitude for three years. THEFT IN A HOTEL. Daniel Mann was charged with stealing a £5 note, the property of James Qhaid, from a bedroom in the Burke’s Pass Hotel on tbe 26th October last. Ha was undefended, and in a loud voice pleaded nut guilty. The following formed tbe jury ; J, Perkes (foreman), A. Selbie, W. Chamberlain, J. Gosney, W. Rutherford, Q, W. Gardner, O, O. Mathews, T. J. Parker, J. Marshall, J. Shepherd, A. Scott, J. J. Grand i. Mr White stated that on the 25th Oct. the prosecutor visited Burke’s Pass, On retiring he had u£l and soma silver in a

trouser’s pocket, and a £5 Bank of New Zealand note “middling worn,” in a purse in a coat pocket. When ho awoke in the morning he found bis puree removed from his coat pocket and put in the watch pocket in his vest upon the watch. On examining the purse he found the £5 note was gone and he complained to the landlord about if. The crockery candlestick was also gone from the room, and the prosecutor saw it in the kitchen when he went down. The prisoner was also at tbe Hotel that night He went there some days before, and, describing himself as an itinerant tailor, was given a few jobs. He had no money, and what he earned he spent in drinks. Several circumstances besides his own statements went to show that prisoner had no money or only a few shillings. Early on the morning of the 26th the landlord was aroused by the accused to give him and another man who was with him drinks. The landlord got up and gave them drinks, for which the other man paid. Prisoner was carrying a crockery candlestick. On the next morning, the prisoner left the hotel, saying he was going to Ashwick, but instead of going there he went to Fairlie Creek, and at Gilmour’s he offered a£s note in payment for a drink. Constable Hilliard went to the hotel and receiving the note from tbe landlord, asked the prisoner where be got it. The prisoner replied that he did not know that he was supposed to tell. The prisoner gave the constable several different answers to his question and he therefore arrested hum on a charge of stealing tbe note. First he said he had earned it at Burkes’ Pass, and then, being pressed to say from whom, he said he had

saved it; and afterwards that ha had received it from Mr Patman, of Ashburton. Mr Patman would be called and would state that he never gave the prisoner a £6 note or any other money, Jas. Quaid, farmer, Pleasant Valley, Malcolm McLeod, landlord of the Burkes’ Pass Hotel, A. 0. Qilmour, landlord of the Gladstone Hotel, Fairlio Creek, Constable Hilliard, and W, Patman, also gave supporting evidence, and were crossexanun ned hy the accused, without eliciting anything new. The accused, sworn, said he had been working at Lagmohr and Longbeeoh and other places in the Ashburton district, and earned a considemb'e sum of money working at his trade as a tailor. Accused then addressed the jury, and His Honor having briefly directed them, after a few minutes consideration they returned a verdict of " guilty.” The Crown Prosecutor read over a list of previous convictions against the accused, who warn sentenced to“ two years' hard labor, His .Honor ordering that the money be returned to the prosecutor. WOOL SXBiUNflt. Daniel Price was charged with stealing 3801 b of of wool on the 16th of August, the property of the N.Z. and A.L. Company. The following were the jury: —J. Smith, juo. (foreman), J. Ogilvie, M. Jackson, F. Eobbs, J, J, Gcaodi, J. Dockerill, T. Currie, J. Qosney, J. Shepherd, J. Hampton, J. Marston, and W. T, Chamberlain. Mr White, Crown Prosecutor, conducted the case, and Mir James Hay, of Hay and Poatlethwaite, appeared for the accused, who pleaded “ not 'guilty.” Mr White said that the accused was a shearer and p'onghmao, and had been in the employmeet of the comp my from the 30th July to the 22jd September in (hose capacities. Between the 11th and the 13'-.h August accused was engaged carting the wool to (Hie railway station at tbs Cave. On the 16th August accused got permission from Mr Lyall, manager of the Cave station, (o go into Timaro. He went to the bouse of Mr Strachan, in Sarah street with a bile of wool in the cart, and told Mrs and Miss Strachan that he was going to sell it for Mt Lyall, While there two men named Waugh and Hansen met him, and be sold the wool to Hansen. Otho 9 h December accused denied he bad sold the wool to Hansen when questioned by Detective L’viogslone.

George Lyall, {manager at the Caye, Eliza and Barbara Strachan, S. R. Hansen, and T. W, Pratt gave evidence, and after counsel and His Honor had delivered addresses the jury retired, and after an hour’s absence returned with a verdict of not gnity, FORGERY. E. L. Perceval was brought up for sen tence. Robert Bowia gave him a good character. His Honor said be was very loth to make a gaol bird of him, but the case was not one for (he Probation Act. He would inflict on him a light sentence—six months imprisonment—which was small punishment when the seriousness of the offence was considered . ALLEGED SHEEP STEALING. John Campbell was charged with having on the 12th of November lasi stolen 90 sheep valued at £7O, the properly of Mr T. P. Wooding, of Woodbury. Mr J. W. White, with him Mr Raymond, appeared for tire prosecution, and Messrs Joynt and Hay for the defence. The prisoner pleaded guilty. ■ The jmy weresworn ;—Messrs , T. Gunnell (foreman), A, Scott, G. W. Gardner, J. Harris, J. Marshall, R. Nesbit, J. Morris, P. Ryan, F. Marsden, J. McAuliffe, P, Keen, and R, Matson, Mr White staled Ibe case exhaustively, s and after having given all the details of it ha called the prosecutor, T. P. Wooding, who gave evidoace exactly similar to that given by him recently in Geraldine. Mr Wooding’s evidenue-in-ohief was not concluded at 5 o’clock, when our reporter left, and as there were about 11 other witnesses to examine, it is probable the case will occupy most of to-day.

Ihvbbcaegiiili, Feb. 10. At the Supreme Court William Richard Richmond was sentenced to two years’ imprisonment for robbing a seaman named Joseph Wallis. A Waikaia resident was found guilty of an offence against the Marriage Act, he having make a declaration that be and bis intended wife had been resident three days in the Gore whereas they had been only twenty-four hours in the township. Sentence was deferred. Frederick Blythe and John Williams, who pleaded guilty to escaping from Milford prison, were sentenced to four months’ imprisonment. Feb. 11. At the Supreme Court Joseph Wallis was found guilty of a false declaration under the marriage act and was fined £5. The divorce case Noble versus Noble, a wife’s petition li'or separation and aiimony on the ground of cruelty, is now proceeding before Judge Williams and a jury of twelve. The case of Simson formerly an auctioneer at Gore, versus the Colonial Bank and Blsworthy is set down for to-morrow’s hearing before the Judge and a special jury, for damages £IO,OOO. The Hon. Sir. R. Stout appears for plaintiff and Mr Haggit for defendant. Wellington, Feb, 11. In the Divorce Court this morning Honors Kathleen Godden applied for dissolution of mirriage with marriage with Danvers Stephen God den, on the grounds of cruelty and adultery. Respondent, who was formerly engaged in the Public Works Department here,, is now in Melbourne, end the Chief Jnstica granted a decree nisi with costs against him.