SUPREME COURT—Criminal

Taranaki Herald, Volume XXX, Issue 4035, 6 May 1882, Page 2

SUPREME COURT— Criminal

Sessions. Friday, May 5. — His Honor took hia seat at 10 a.m. [Continued from Yesterday.] MALICIOUS WOUNDING. Jameii Younr/ Henri/ was arraigned v ion an indictment charging him with having, at Opunake (1), unlawfully and maliciously wounded one William Millett, and f'2) inflicting grievous bodily harm upon him. The prisoner pleaded " Not guilty." Mr. Standish, Crown Prosecutor, conducted the case. The prisoner was undefonded. The following jury was empanelled :—: — W. P. Snell (foreman), W. C. Julian, R. Hill, W. Old, E. Taylor, C. Jeanes, J. Crean, C. Hunt, H. Bowman, I. Freeman, H. Williams, anrl H. George. The Court resumed at 2 p.m. Henry Middleton stated that he did not see any thine: in the prisoner's hand when he was in the room. No one else had a risrht in the room but prisoner and Harvey. Millett was not in the employment of Hall or the prisoner on Ist January. This closed the case for the prosecution. The prisoner addressed the jury, pointing out that the evidence of the prosecutor was unreliable, as it had been contradicted by the other witnesses. He denied that he had any knowledge of tho stabbing of Millett. The jury retired, and after a short deliberation returned into Court with a verdict of "guilty of inP : ct ; ug a wound in the head, under great provocation." Hia Honor said he agreed with the jury that the prisoner had received great provocation, but still the prisoner was not justified in using such a dangerous weapon. If the law allowed the infliction of a fine, hia Honor would have been induced merely to fine the prisoner, but he woulu pass as small a sentence as possible nnder the circumstances. He would order the prisoner to undergo one month's imprisonment with hard labour. LARCENY. Tc Oti (a native) was charged with having stolen a silver watch and a quantity of wearing apparel from tho whure of M. and R. Fleming, at Cape Egmont. The prisoner pleaded not guilty. Mr. Standish conducted the prosecution. The evidence given was to the effect that Michael Richard Fleming and M. McGrevy lived in a whare at Cape Egmont. They left the whare on the morning of the 28th October last, and did not return to it until the afternoon of that day, when they discovered that the whare had been broken into, and a watch and several articles of wearing apparel stolen. Michael Fleming afterwards found the prisoner wearing a vest and shirt which had been stolen. A native woman stated that she saw the prisoner in a whare at Parihaka before Te Whiti was arrested. She had heard that Fleming's house had been robbed. She saw the prisoner with a dog, and she heard the prisoner and another native talking. The native said to Te Oti, " you are bringing evil upon yourself." [Mr. Standish here pressed the witness to give further evidence about the bag, but was unsuccesful.] Mr. Standish : Your Honor, the witness does not give the evidence I am instructed she would. His Honor : That is very often the case. (Laughter.) Mr. Standish : As tho witness evidently gives her evidence reluctantly, I weuhl ask permission to put leading questions to her. His Honor : She has not given any evidence yet about the bag. Mr. Stnndish : No, Your Honor, I can't get her to give it, and that is the reason I wish to put leading questions. She is, not troubled with bashfulness, but Bhe does not want to Bay anything against the prieoner. \

His nonor : I do not think you are entitled to put leading questions, as she may know nothing about the bag. Cross examined by prisoner : It was your father I heard talking to you. Prisoner : Who is my father ? Witness: I do not mean your own father, but it was either your uncle, your granduncle, or grand- father (laughter). The prisoner said he bought the shirt at Pungarelm, and told the constable so when he was arrested. His Honor summed up, and the jury, without retiring, gave a verdict of " Not guilty." The prisoner was accordingly discharged. Tho Court adjourned until 10 a.m. today (Saturday).

To-Day, May 6. — His Honor took his seat at 10 a.m. INDECENT ABBADLT. Joseph Gardener Pannell was arraigned upon an indictment charging him with having committed an indecent assault upon Mary Agnes Daniells on the 9th March. The prisoner pleaded " Not guilty." Mr. Standish, Crown Prosecutor, conducted the case for the Crown; Mr. Samuel defended the prisoner. The following jury were empanelled :—.: — . J. Cornev (foreman), S. Pearn, W. H George, W. Doncaster, C. Oliver, J. Partington, H. Bishop, W. 11. Pearn, J. Hawke, C. Jeanes, J. Crean, and J. Freeman. James Hart, licensee of the Windsor Castle Hotel, deposed that on the night of Wednesday, the Bth March last, before retiring to bed he saw that all the doors were locked and the windows down. All tho windows were fastened, excepting the one at the end of the passage upstairs. The inmates were John Kirby, Norah Buckley, Sarah Eobins, Mr. and Mrs. Daniells, and himself. He expected a man named Timothy Cahill to come that night. In tho morning, at about 5 o'clock, he heard someone walking upstairs, and immediately afterwards he heard a noise as if someone had fallen on the floor. He went upstairs with a light, and saw the prisoner and Mr. Danie 's in the passage. They were both v 'dressed, with nothing on but their singlets. He asked the prisoner how he got into the house, and prisoner said he was in trouble, and did not know how he got there. He went into No. 3 room, and saw the prisoner's clothes lying on the bed. The prisoner appeared to be sober. The window at the end of the passage was up about 18 inches, and there was placed outside underneath the window a ladder. It would not be an easy matter to get up the ladder and through the window. The prisoner had never slept in witness's house, nor engaged a bed there. Cross-examined : Mrs. Daniells came to the hotel herself. She was not married when she first came. They occupied different bedrooms before they were married. Mr. Samuel : Is it not a "act that Mr. Daniells is a most notorious liar ? Mr. Standish : I object to that question. His Honor : On what ground, Mr. Samuel, do you justify that question ? Mr. Samuel : A matter of common report or notoriety is admissible in evidence. His Honor : In what sense could it be accepted as evidence? M*. Samuel : Merely for the purpose of discrediting a witness. His Honor : Whatever a man may have the character of being; in his business, it does not follow that when he is put upon his oath that he will speak falsely. Mr. Samuel : No, Your Honor ; but if I can bliow that by his false statements he set a whole community into a panic ? His Honor : No, no ; that will not do. Examination resumed : I have seen some bottles of peculiar medicine in the room, medicine used for particular diseases. His Honor : Of course, Mr. Samuel, you know better what your defence is and whether it is necessary to ask such questions, but we have simply to do with the prisoner entering the bedroom and going into Mrs. Daniell's bed. Any attempt to damage the character of Mrs. Daniells or her husband must inevitably recoil upon your head. Mr. Samuel : Mr. Standish has drawn a very affecting picture to the jury upon the happiness of the young couple" being endangered by tho act of the prisoner, and I wish to show a different state of affairs. nis» Honor: Of conrse that is only a matter for comment to the jury, but not to rebut by evidence. Mr. Samuel : I r will not push the questions any further,iyour Honor. Examination resumed : It was not customary for lodgers to como through the windows at night. Mrs. Daniells deposed : I was ill some time previously to the night of Bth March last, and had been in. bod about a fortnight. My husband did not sleep in my bed that night, but slept in another bed in the same room. I was suffering from low fever, and my husband attended to me diiring the night. He got up several times to give me medicine. The last time he was up attending to me was about 4.30 a.m. He was talking for a good while, and said lie was tired and would ffo to bed. He asked me not to call him till morning if I could help it. He went to bed and the light was put out. Some time after that I felt somothing get into my bed. I was lying with my faco from the door, and I turned round to sco what it was. The clothes were moved as if someone were lifting them and getting underneath. I was not touched until I turned round, when I felt a man's ■whiskers with my hand. Mr. Standish : Where were the man's whiskers ? His Honor : I presume on his head. (Laughter). Witness : I reached my hand out, and it came against his whiskers. A man was lying down on the bed close by me, under the clothes. I felt nothing more until a man took hold of my liand. Nothing was said by anyone. When I felt the man's whiskers I called out to Mr. Daniells. I called out twice, and I screamed louder. Mr. Daniells came across from his bed to mine. My hand _ retained hold of tho man's whiskers, pushing his head away. Mr. Daniells then came and lifted him out of bed. Mr. Daniells >suid something to the man. I think he said, ''What brought you here?" The man said " For the love of God, Mr. Daniells, do not kill me. I have made a mistake." They both went into the passage. Cross-examined : No other part of the man's body touched me but his hand and whiskers. The Court then adjourned until 2 p.m. [This case was being ((roeecded with when we went to Press.]

Owing to the Htonny state of the weather, the Macgri-gor will not leave Waitura until Monday morning's tide, as per advertisement.