SUPREME COURT.—Criminal Sittings.

Taranaki Herald, Volume XL, Issue 9207, 8 October 1891, Page 2

SUPREME COURT.—Criminal Sittings.

this da.y. Thursday, October 8.- Boforo His Honor Justice E. T. Coaolly. His Honor took his seat at 11 o'clock. GRAND JURY. The following Grand Jury was empanelled : — F. L. Webster (foreman), E. R. Shawcross, A. A Ambridge, 0. M. Ourtis, W. Ry!ey, F. J. Mace, W. Outfield, G. Tatton, R. S. Saddler, J. C. George, J. B. Connett, T. Furlong, sen., T. Elliot, R. G. Bauchope, A. Davidson, J. Wade, W. D. Webster, A. Goldwater, F. P. Corkill, F. H. Arden, W. Bayly, H. Brown, J. Veale, jun. UIS HONOR'S CHARGIS. His Honor, in addressing the Grand Jury, said :— Gentlemen of tho Grand Jury, — The number of cases lhat will be presented to you on indictments is small. There are five casea, which may not occupy your time much. There are two cases, one of stealing two calves and one of breaking and entering a butcher's Hhop and stealing meat, which are very clear indeed. There is also another charge against tho prisoner charged with the latter offence, the circumstances of which are very peculiar, and would require tho fullest attention of the jury. Tho prisoner was charged with stealing money from tho till of the Prince of Wales Hotel, at Bell Block, on May 25tli. On that day there were races at j Bell Block, and after the races a number of persons assembled at the hotel, and some, who appeared to have no right, got behind the bar, among them being accused. The till was placed at the back of the bar, and not under the counter. From the evidence it appeared that the till, during tho evening, was opened twice, •md it then contained a quantity of silver, estimated at between £2 and £3. Subsequently the till was found to bo empty. At this time tho prisoner had left tho bar, and was in an adjoining room playing cards. The money was missed i>etweeu 6 and 7 o'clock, and prisoner diil not leave the hotel till closing up time, yet nothing was said of the robbery then, which was peculiar in face of the mono}' being missed in the early part of the oveuing. A few days after this the prisoner heard some report about his being suspected ipparently, for he voluntarily went to the father of the landlord, and asked him about the report, and btaied that rather than there should be trouble over the alt'air ho would pay the £2. A bout fourteen days .if fc*r this the mother of the landlord met accused in town and asked him what he was going to do about the money. Accused replied that he would pay what ho had promised, and he subsequently sent the mcaey by a friend. Toil was on June 6,

and no proceedings had taken place, it appearing as if the persons having recovered their money did not intend _to further trouble about the matter. Nothing further was heard of the matter till July 23, when the police laid an information against tho accused for stealing. His Honor then referred to tho evidence iv the case. The evidence adduced only raised to a cer'ain extent a bar BUBpicion, tbe only corroborative evHence being that of a witness, who stated he saw tho acousod with his hands in the till in tjie early part of the evening. This witness, however, did not, from the depositions, appear to have informed anyone of what ho saw. On the whole, the case was ono which tho Grand Jury would have to carefully consider. In proceeding, his Honor regretted to state that there were two disgusting cases to bo tried. One was a rape on a child, the evidence in which appeared to bo clear. Tho other case in which prisoner waß charged with committing the offence on a girl between 13 and 14 years of age, was the most remarkable of its kind that had ever came to his notice during a long experience in criminal matters. It appeared fiom the depositions that tho prisoner was allowed to lodge in tho house o£ the girl's stepfather aud mother, although thote waft not actually a decent pluce for him to lodge in. The prisoner was allowed to sleep in a room called the kitchon on a sofa. The girl and two younajer children also slept in the same room. This was on a Tuesday when it was alleged tho accused took liberties with tho girl. On tho Monday night the eirl alleged that tho prisoner acted indecently towards her, and later on in tho night committed tho offence with which ho was charged. According to the girl's depositions sho could not cry out from the position sho was in. Tho step-father, who slept in tho next room, hearing a noise during tho night, got up, and looked into tho room, and saw tbe accused bending over the girl's bed, and the girl's lower limbs exposed, and the bed disarranged, but, strange to say, the step-father went back to bod without interfering because he wanted to see what would happen His Honor then proceeded to point out the other peculiar Eubsequent circumstances in the case, and added that it was a case which would need careful onquiry at the hands of the Grand Jury. The Grand Jury then retired. TRUE BILLS. Tho Grand Jury returned true bills as follows : — Regina v. William Barnard, breaking and entering ; Regina v. Henry Bailey, rape ; Regina v. Leon Jackquash, larceny. ALLEGED BREAKING AND ENTERING. William Barnard was charged with breaking and entering the shop of William Bayly on July 13tb, and stealing therefrom one leg of mutton, one sheep's pluck, and two pieces of saltpetre. He pleadea not guilty. Mr Govett appeared for the Crown, and Mr Jellicoe for th© accused. The following jury was sworn: — William Carrick, J. Bruce, H. Cock, J. E. Lyo, W. Duggan, J. Clarke, W. Hurlstone, G. Bocock, A. Chatter ton. Twelve jurors were challenged by each side. The first challenged was William Bullot, who, however, had taken his seat before Mr Govett said " Stand by." Mr Jellicoe objected to the challenge, as the juror had taken his seat. Mr Govett said he was actually engaged at the time talking to Mr Jellicoe, and did not observe the juror. His Honor, after a few further remarks, ordered the juror to stand down. The empanelling of the jury went op, 12 being challenged by the Crown, and 13 by accused. The Registrar informed His Honor that the panel was exhausted, excepting those common jurors who were serving on tho Grand Jury. His Honor remarked that the com so to bo pursued was for the challenged jurors to be called again in order, and the Crown could show causo why thoy should stand by. William Bullot was then called. Mr Govott said ho wished to prove that this juror had been in communication with tho friends of the accused who tried to influence him. His Honor looked up the law on tho procedure in this instance, and said it was settled according to tho custom of the Court. The question was what was the custom in the Court. After further argument His Honor said it appeared to him that the question should be referred to the first two jurors, who would be sworn. That was what he proposed to do. William Carrick and James Bruce were then sworn to try whether William Bullot would act indifferently in the case, and give a verdict according to the evidence. Mr Govett said he proposed to call Mr Bullot himsolf. Mr Jellicoe objected. His Honor said that he could hardly agree to Mr Bullot being oxaminod as it would be like putting him on his trial. Mr Govett said he would not proceod farther, although he contended that there was nothing in the law to prevent Bullot being called. His Honor then put the question to tho two sworn jurors whether Mr Bullot could take his seat according to the evidence. The jurors found he could. F. Bullot and W. Lander were then called, and also took their seats. This made up the jury, Mr Chatterton being selected foreman. Mr Govett opened the case, and called Constable Scully, who stated : On July 13th he saw prisoner, at ten minutes to 6 p.m., under Mr W. Bayly's verandah. Went round to back of Mr Bayly's shop. He took up a position. There was a light iv Mr Bayly's back promises, which mado everything cloar. Prisoner came and took up a position. After some minutes someone came out, locked up, and went away. Prisoner waited a short time, and also went away. A person came back, unlocked tho door, and went in. Tho person wdß in a short time, and then came out. He stepped up to tho person, assured himself of the identity, and said, " Now then, Barnard, you know who I am ; I'm Scully." Prisoner gave a terrific yell, and throw his hands out, and something he had in his hand struck witness on the nose. Witness thought the iron was a meat hook. Witness knocked the thing out of prisoner's hand with a small walking stick. Prisoner made to get away, and witness pressed him closely. Prisoner then stiuck witness on the back ef the head jwith the kit he had in his hand. The kit fell out of prisoners's hand. Witness was staggered and knocked down by tho blow. Witness hit prisoner twice on the head with a stick. Prisoner then made away and witness pursued him, and caught him in Broughamstreot near the Taranaki Hotel. He formally charged him with stealing. Tne Court adjourned till 2 o'clock.