SUPREME COURT.—Criminal Sittings.

Taranaki Herald, Volume XL, Issue 9208, 9 October 1891, Page 2

SUPREME COURT.— Criminal Sittings.

Thursday, Ootobor B.— Beforo llis Honor Justice E. T. Conolly. ALLEGKD BREAKING AMD ENTERING. William Barnard was charged with breaking and entering the shop of William BayJy on July 13tn, and (stealing therefrom ou) log of mutton, one sheep's pluck, and iw3 pieces of saltpetre. lie pleaded not gu.lty. Mr Govctt appeared for the Crown, and Mr Jellicoo fpr tin accused. The following jury was mvorn:— William C-rrick, J. Bruce, 11. Cock, J. E. Lye, W. Ei;vpn, J. Clarke, W. Iluilstorie, G. Bos[ >n 4. Chatterton, W. Bullot, and W. La ~" ; \ "^mlfrom yesterday) V- continued :—: — B. \J f iea ho spoke to priso *^&np the prisoner looke drinking. Ho was 1 "- over from the 'v l Hquor on him. GusL irnavd in their s. v 13. Accused h Tho kit was vo \i a at about back for i By Mr ty well drunk jt very strongi Ro-examii to pay for sheo t _ them for it. William Bayly deposed that ho waH owner of tho Taranaki Meat Bazaar. No one but an employee had a right to go to his shop after it was shut up. Accußod was not^no of his employees. After tho arrest accused and his wife came to his house about two or three days after Barnard waa let oat on bail, after committal, ho thought. Barnard askod witness to intercede tor him, and said ho must have been drunk when ho entered the shop. He told Barnard ho would not unduly press the case, but ho would have to do justice. He wished now to say that ho bought a business from Barnard about three years ago, and he believed Barnard kept it for about a week for him. By Mr Jellicoo : A cart Barnard lent him was burnt in a fire at his slaughterhouse, and Barnard made no claim. They had had business transactions. By Mr Govett : Tho balance of their transactions was in witness' favor to the extent of about £5. Sergt. Duffin stated that when Barnard was in the Police Station on July 13 ho remarked "I'll tell the truth about the affair. I went into tho shop to got a bit of dog's meat, and took the log of mutton." This was tho evidonco for the Crown Mr Jellicoe stated that he would not call evidence. He then proceoded to address the jury. The Crown Prosecutor waived his right to reply. During Mr Jellicoe's address he said that tho jury could assume that Constable Scully had stated he did not know a certain matter because Mr King, tho shopman, had not stated anything on this point in tho lower Couit. His Honor interrupted Mr Jellicoe and said he had not any right to ask tho jury to assume anything about King's evidence in the lower Court, because those depositions were not beforo the jury. Mr Jellicoe persisted in his right to tell the jury to assume. Hio Honor : I'll not be trifled with by you Mr Jellicoo. Mr Jellicoe : I am sorry, your Honor, but I have a duty to do for my client. His Honor: Do your duty, thon. Mr Jellicoo said ho was sorry that His Honor found fault with him, for lie was simply doing his duty. His Honor said that Mr Jellicoo was not doing his duty by the way he conducted the case, and in insulting the Court. Mr Jellicoo said he had no wish to offend His Honor, and ho considered that ho had been most deferential to His Honor right through the case. He would do his duty in spite of His Honor: Don't say that you will do anything in spite of mo, or I'll commit you for contempt of Court. Mr Jellicoe: I intend to do my duty to my client. His Honor: Take caro, Mr Jollicoe. Mr Jollicoe, in continuing his address, said he was sorry that His Honor should take up tho attitude towards him that he had, but they wore judges of tho case. His Honor: You aro again wrong, Mr Jellicoe, for I am tho sole judge of this Court and its proceedings, and not tho jury. The discussion then ceased, and Mr Jeliicoe wound-up his address in aboutfive minutes. *** His Honor said that the facts of tho case were in a nutshell, although tho case had taken up so much time. The chiaf witness in the case was Constable Scully, in abuse of whom counsel for defence had devoted half of his address, and had not only hinted that tho constable kad perjured himself, but that he had pluntod the log of mutton in a kit. There was nothing to warrant such inferences. His Honor then referred to the evidence. With resspoct to the scuffle between accused and Constable Scully, His Honor said that perhaps the constable was not justified in striking Barnard with the stick, and possibly Scully would bo punished for assault if he had been brought up for it. That, however, had nothing to do with the present case. With regard to the way the constable had given his evidence undor cross-examina-tion, His Honor said that under the circumstancos tho constable got irritable, and with reason, on account of tho way he was cross-questioned. His Honor added that he hardly believed the loarned counsel was conscious of tho way he attacked witnesses and persons, and the disrespect he showed to the Court. Tho learned counsol had shown disrespect to tho Court on several occasions, and then referred to them as "scones." He did not mind tho insulting remarks personally, but bo long as he had the honor to preside over tho Court ho would endeavor to maintain tho dignity of it. Tho learned counsel had rcferrod to the fact that these "scenes" might prejudice the prisoner, but Hib Honor asked them to dismiss the "scenes" from their minds. His Honor thon concluded his remarks on the evidence, and the jury retired to consider their verdict. Tlio jury, who retired at 5 o'clock, returned into Court at eight o'clock with a verdict «f not guilty. Mr Govott intimatod that he would not procco i with the charge of larceny pre • f erred against tho prisoner, but would enter a nolle protequi. His Honor replied that ho could only accept a nolle prosequi from the Crown Prosecutor. It was thon decidod to empanel a jury which was done. Mr Govett then said ho tendered no evidence. llis Honor thorcupon directed tho jury to b;ing in a verdict of not guilty. The jury did so, and Barnard was discharged from custody. LARCENY OF CATTLE. Leon Jackquash, a youth, surrondorod to his bail, charged with stealing on May 6 one hoifor and one bull culf the property of Jamos Stanton. Accused pleaded guilty. Mr T. Fookos appoarcd for tho prisoner, and applied that tho prisoner bo brought under the terms of The First Offenders Act. Tlio case, he said, did not present any featuie of an aggravated nature, but on the contrury the cattle were returned, and, prisoner bad offered to pay prosecute!

for auy oxponso and trouble prosoeutor had boea put to after the committal. He understood tlmt the Probation OfficorK report was satisfactory. His Honor said that was so. His Honor, after asking Mr Rickerby, Probation Officer, a few questions, said that under the circumstances he thought tho case was one in which ho could extend tho terms of probation. Tho j'idgo warned the prisoner to bo caroful in tho future, and admitted him to probation for 12 months. RAPE. Henry Bailey, a lad, was charged witli committing a rape on Norma Garry, a g.rl under 10 years of ago, on Soptombor 4. He pleaded guilty. Mr Govett, who appeared for the prisonor, asked for mercy on behalf of Bailey, who was only 15 years of age. The parents of tho prisonor wore respectable pooplo. Mr Govett submitted that prisoner, who perhaps know the indecency of his conduct, did not, however, know the terrible nature of his crime, and the dreadful consequences to tho girl it might entail. Tho medical gentle nan who examined the girl, would give evidence that no permanent injury had been done to her. He also pointed out that the accused had been incarcerated since his committal, and he would ask His Honor to take that into consideration in passing sentence. His Honor said the offence was a terrible one, and he would pass a severo sentence if the prisoner was a grown-up person. Under tho circumstances he would take time to consider the case, and would give his decision at tho oad of tho criminal session. Tho Court adjourned till 10 o clock on Friday morning. THIS DAY. Friday, October 9.— His Honor took his seat at 10 a.m. ALLEGED RAPE. John Hunter was charged with committing rape on Amy Signal on Juno 1. Ho pleaded not guilty. Mr Standish appeared for tho Crown, and Mr Hughes for tho accueod. The following jury was empanelled :—: — M. Cash, W. J. Perm, Jas. E. Birch, H. Old, H. Autridgo, S. P. Kidd, F. Nicholls, A. Chatterton, M. McMahon, F. Newell, T. Kelly, W. Cottier. Mr T. Kelly was chosen as foreman. On Mr Hughes' application all witnesses were ordered out of Court. Mr Standish opened tho case, and called Amy Signal, who stated she was 14 years of ago. She lived with her atep-father and mother on the Salisbury Road. Her step-father's name was Rasmus Raaunussen. Sue knew prisoner in the dock. Saw him first when he came to their place. Prisoner slept in the kitchen, in which sho and her Bister and brother also slept. Her brother, sister, and herself slept in one bed. Prisoner slept on the sofa in the kitchen. She used to undress in the kitchen sometimeß, and sometimes in her mother's room. Prisoner ÜBed to undress and dress in the kitchen also. Tho_ first night prisonor slept in the room nothing occurred. Tho second night prisoner came to her bed and felt her face. On tbo third night ne put some wood on the fire, and then came to her bed and kissed her. [The witness then detailed the act that had been committed.] By Mr Hughes : Sho told her mothor about the affair on a Wednesday morning. Tho accused had been thero three days then. Her parents were sleeping in^ the next room. There was a wooden partition between the rooms. Before the prisoner came to the house Jack Kilpin had slept in tho same room with her. She did not hear the prisoner say that he would sleep in a lean-to with the boys. When prisoner was leaving he took a lock of her hair, and asked for a piece of thread to tie the lock together. She took a cup of tea into her mother and father before they got up. This was on the morning she told her mother. She also gave prisoner somo tea. They always had tea before the boys went for the cows. She then went out to the potato house, where prisoner followed her. Her step-father came out and collared the prisoner, and took him inside the dwellinghouse, and sat him on a box. Her etop father told prisoner to give her hair back, and prisoner said that he had. thrown it away. She had not told her father at that time what prisoner had been doing, and he had not asked her. Hunter had breakfast with them that morning Her step-father told prisoner after breakfast to clear out, but prisoner did not want to go, but he did go. She told her step- father what prisoner had done at dinner time of the day prisoner had left Rasmus Rasmussen, stepfather of last witness, deposed that ho was a settler on the Salisbury Road. Prisoner came to his place, and asked to stay, as he intended to open a school. Witness consulted with his wife, and it was decided to let prisoner stay. Prisoner was allowed to sleep in the kitchen, in which the girl Amy and a young sister and brother also slept. [Witness then gave evidence as to hearing a noise in the kitchen on one particular night, and peeping in saw by the light of the fire the prisoner at the bed of the girl. Witness did not interfere then, as he •wished to catch the prisoner.] Witness was subject to cross-examina-tion by Mr Hughes on his conduct throughout the affair. In answer to His Honor, tho witness stated that he went back to bed after seeing tho prisoner acting as he described towards the girl, in order to wait for further proof. His Honor Baid that Rasmussen's action was not that of a man, and he applied a strong remark to the witness, and ordered him to stand down. Tho mother of tho girl then gave evidence. {Proceeding ac voe went to Press.)