SUPREME COURT.

Timaru Herald, Volume XXVIII, Issue 2065, 14 June 1878, Page 4

SUPREME COURT.

TlMAßTJ— Thursday, June 13. (Before his Honor Mr Jußtice Johnstone.) ; CRIMINAL SESSION. His Honor took his seat at 10 a.m. SnBBP- STEALING. Richard Bell stood indicted on the charge of ntealing sheep, the property of R. Taylor. The prisoner pleaded Not Guilty. The. Crown Pioseculor conducts! the prosecution, and Messrs Joynt and Hamersley appeared on behulf of the prisoner. The following jury were sworn : — R. B. Sibley (foreman), J. ifair, J. Rowbottom, J. Arnold, R. Reeoe, T. Young, D. Munday, F. Pratley, S. Mcßride, W. HopkinaoD, H. Pile, G. Meredith. Mr Joynt asked leave to withdraw the pJea of Not Guilty. His. Honor said he would allow the plea to' be withdrawn, and asked Mr White to go on with the other indictments against the prisoner. Mr White said that us the prisoner had pleaded guilty m the first case, he did not in-

tend to offer any evidence m the other cases. His Honor then addressing the jury said that the prisoner would be formally charged before them m the other cases, but of course aB the prosecution did not offer any evidence their duty would be to return a verdict of Not Guilty. The prisoner was accordingly charged with stealing sheep from W. Postlethwaite and W. Grant, and ia each case the jury returned a formal verdict of Not Guilty. Mr Joynt then applied for an adjournment m ordor that he might be able to produce evidence as to the prisoner's character. His Honor granted tho application. SHOOTING 'WITH INTENT TO 3HTBPEE. Alexander Bell stood charged with, that on j the 7th day of March last he did shoot at James Elworth Kingsley, with intent to murder him. The prisoner pleaded Not Guilty. Mr Hamersley defended the prisoner. The case was tried by the same jury sworn m the previous case. Daniel West : lam an architect, m Timaru. I know tho billiard-room of the Clarendon Hotel. The plan produced is a correot plan of it. Mr Voak and Mr Lee were with me when I took the phn. Jame3 Elworth Kingsley : I am a chiropodist and herbalist. On the ni»ht of tho 7th of March la9t I was m the Clarendon Hotel. I was m the bar parlor when the prisoner came ia; I did not know him before. He asked me to have a drink, and I said, '' No, thank you." No more occurred, and I went into the billiard-room. I ramained m the billiard-room for about twenty minutes, whon the prisoner came m and said, " You are the man who was too proud to have a drink with mo." I answered thatldidnot care about it. He said " I don't see why you should not have a drink with me," and I said I suppose a person is allowed to choose his own company. He said, "Xf I had not come out of the Hospital I'd dress you down. I have no friends hers, but I will go and get some." Voak and Bright were present. I said you can go and get forty frionds, if you like. He then went out, and after about twenty [minutes, or half-an-hour, returned again. I think I opened the door for him. He made some remark, but I don't remember what it was. I walked up to the further end of the room, and the prisoner followed me. I don't remember what was spoken until I heard an explosion five or six minul es after he oamo m. No one was playing billiards. I was standing at the corner of the table, near the door leading into the dining-room. The prisoner was standing at the same side of tho table. He wob facing me. I was about seven or eight feet away from him. Bright stood between myself and the prisoner, but he left that place, and m two or threa seconds after, I heard the report of a pistol, and felt a concussion of the air near my oar, I saw something m his hand, and Baid to him " did you mean that for me." He said " yes, I did." I said, " you deserve to be taken care of." I then went out of the back door, arid when I returned, the prisoner was gone. The prisoner was not drunk j bpt had evidently been drinking Cross-examined by Mr Hammersley : I' do not know how many were m the room when , he aßked me to drink. He appeared not to like my refusing ; he had evidently been drinking. Ido not remember that I epoke to him when I opened the door for him. I cannot say exactly what he said when he oame into the billiard-room. Joseph Charles Toak : lam the lessee of the Clarendon billiard room. On the night o£ the 7th of March last, the last witness came into the room, and the prisoner came m Bomo time after. William Bright was also there. When the prisoner came m, he went up to Kingsley and said "you are the man who would not have a drink with me. Kingslay said he supposed he could choose his own company. The prisoner said if he were not an invalid with one arm he would give him a dressing down. Kingsley told him that he did not want to have a quarrel with him, and that he had better go home. The prisoner said he had no friend, but would go and get one. He then went away, and Isometime after a knock came to the door, and Kingsley opened it. The prisoner came "m and said " You are the man who wanted to pick a quarrel with me." Kingsley said he was not, but you have evidently returned to pick a quarrel with me. The prisoner said I had but one arm when I went away, but now I have one worth two. Kingsley said " I don't care if you hove forty." Bright was Btanding between the prisoner and Kingsley,. who were between eight and nine feet apart. Bright removed from between the two, and I heard the report of a fire-arm discharged from the direction m which the prisoner stood. The lights m the billiard room were turned out with the exception ot one. After the report Kingaley walked towards the prisoner and said, " I suppose that was meant for me. The prisoner aaid " Yes." Kingsley said something to the effect that he ought to be taken care of. The prisoner seemed excited, and his conversation was about Kingsley's conduct. Bright and Kingsley then went out, and when they .returned, we examined the wall and roof, and found a bullet mark m the roof, about two feet from the top of the uprights. The bullet mark was behind where Kingsley had been standing. A -straight linn drawn from, the place where tho prisoner's hand was when the report was heard to the bullet mark, would pass near where Kingeley was standing. Next day I examined the place with Detective Neil, and found a bullet inside the paper, a few feet from the ground, as if it had fallen down inside the papering. Detective Neil , examined the boardimg inside the' bullet mark. The prisoner lived about 60 yards from the billiard-room. Cross-examined by Mr Hamersley : The prisoner had just come out of the Hospital and was m a weak state. He looked as if he had delerimn tremens. It was after tbe prisoner came back the second time that Kingaley spoke about the " forty," and not before. The prisoner passed quite close to Kingsley, and did, not try to do anything. I was sitting three or four feet from Kingsley when I heard the report of a firearm, but did not hear the whistle of the bullet. William Bright : I am a printer, living iv Timaru. On the night m question I was m the billiard-room of the Clarendon Hotel with Kingsley and Voak. The prisoner oame m, and said to Kingsley, "You are the man who was too proud to drink with me. Kingsley replied, " I suppose I can drink with who I like ; Ido not oare for any more drink tonight." They had a few more words, and Bell said he' had no friends there, but had some m" Timaru, and wonld go and get one. Kingsley said nothing, and Bell went out. He returned afterwards by the back door, which Kingßley opened for him. The prisoner said when he came : in, "I have a better arm now than when I went away." He was then standing with his left arm on the billiard table, and his right arm m his trousers' pocket. I heard a noise, which I took for the click of a trigger, m the prisoner's pocket. In consequence of that I went up to Kingsley and. spoke to him, and passed by him. In one minute afterwards I heard a report, and I saw amoke issuing from some instrument the prisoner bad m his bond.- He had brought the instrument out of his pocket. Kingsley asked the prisoner was that intended for me ; and the prisoner, said "It was." When I saw the instrument m his hand it was pointed m the direction of Kingsley. . . ; • Cross-examined by Mr Hamersley : When I heard the report I was about six feet from Kingsley. The prisoner appeared excited. I was about the full length of the room away when the prisoner came m. John Neil : lam a detective of police stationed at Timaru. On the morning of the Bth of March last I arrested the prisoner m his own house on. the charge of shooting Kingsley. He said "It went off m my pocket. Look at the pocket of that coat, and you will see a hole iv it." I examined the coat produced, and there was no hole m any of the pockets. I took tho revolver produced out of a drawer m his bedroom. It[isa]five-

chamber revolver. Three of the chambers are still loaded, one I can't tell whether it is loaded or not, one with a pirt of a cartridge m it, and one empty. I examined the billiardroom iD the Clarendon Hotel, and found the ball produced. The ball was not found exactly underneath the bullet mark, but the ball might have struck where the bullet mark was, rebounded, and fallen down to where I found it. I compared the ball with the bnlletmark m the roof, and I think such a ball might hare nrade such a hole. I have Dot tried whether the ball produced will fit the barrel of the revolver. The witness was then instructed by the Court to examine the revolver and find out whether the ball fitted it. The result was that the ball found m the wall of ths billiardroom was much smaller than the balls which were extracted m the Court from the revolver, and was altogether a different kind of ball. The witness, m answer lo the Court, said he would not undertake to swear that the ball produced could have been the one which the prisoner had fired at Kingsley: Croßs-examined by Mr Hamersley : I conld not discern any mark on the wall, inside the bullet mark. The ball produced has evidently been m a cartridge, but there is nothing to show that it had been discharged. I tried the wall, to see if I could get another bullet, but did not find one. I saw the prisoner during the previout days, and noticed that he was drinking to excess. . I have known him since I came to this town. He v very excitable and violent when under the influence of drink, and would while m that state strike anybody. Otherwise he is an unoffending man. Thia concluded the evidence for the prosecution. ■ Mr Hameraley then proceeded to open the case for the defence, intimating that he would call witnesses to prove that the prisoner was m a state of insanity from drink at the time the offence was alleged to have been committed. His Honor said he could not allow evidence of that nature to be called. Men who had brought themselves voluntarily by excessive drinking to a temporary state of insaaity, could not be held- irresponsible for their actions. It was only m cases of habitual and fixed insanity that the plea of irresponsibility could bo raised. The question of the sanity of the prisoner could not be allowed to influence the verdict of the jury as to whether the prisoner was guilty or not guilty. After some further discussion m reply to the Court, the Crown Prosecutor agreed to withdraw the charge of " shooting with intent to murder" and make it cne of "shooting with intent to do grievous bodily harm," and Mr Hamersley continued his address. He dwelt strongly on tho fact of the three witnesses finding a bullet mark m the roof, and did not find the bullet until the next day. Tho bullet was found m an extraordinary way and m an extraordinary place, and there was not sufficient room for the jury to believe that thab was the ball which had "been fired from the revolver produced m. Court. There was no evidence to show that the rprisoner/had had any intention of shooting with intent to dp bodily harm. When Kingsley opened the dbor for him he did not make any attempt at Bhooting him, and again,- when ' Kingsley turned 'his back to him and walked out of the room he did- not then show any disposition to shoot him. He. would ask them was that the way a ' man, who had "come determined a^ the prisoner was alleged to have come, to murder or do) bodily harm-would act. He also pointed out some discrepancy in' the evidence, and urged upon the jury that if there was any doubt on their minds as to whether the prisoner fired with intent to do bodily harm, to give him the benefit of it. iHis Honor then asked the Crown Prosecutor did'he expect to obtain a conviction, as the charge m the indictment that the prisoner did Bhoot at him with a leaden bullet had not been' sustained by the evidence. 'He thought that if the prosecutor ha.d made a little more inquiry as regards the evidence relating to the ball fouod m the wall, so much reliance would not have been placed on it. Crown Prosecutor submitted that there was sufficient evidence that the revolver had been fired by the prisoner, and that that was . enough to obtain a conviction. After some further argument His Honor proceeded to charge the jury, and m the course of his address, said that the real question was, did tho, prisoner shoot at Kingsley,' withintent to dp him_ bodily, harm. The eyidence that the explosion of some sort of a fire-arm had-been heard m the direction m which the prisoner was standing, apd if they cOuld-believe that the prisoner shot with intent to do Kingsley harm, they shonld return a verdict of guilty. If on the contrary, they should return a verdict of " riot guilty." The language used by, the prisoner was rery important to show the intention of the prisoner. He had 'offered Kihgsley who was a stranger to- him/, drink, and. chose to 'be offended because he refused it. ;It arose out of the villianous and abominable habit of "shouting," which 1 was m vogue m the colony. He had often remarked m going through the country, tfyat men, take offence ■ at other men refusing to take drink from them. He regarded that as perfect tyranny, and did not see why a man should choose to ■ get offended with a man who, believing that drink was nob . good for. him, refused to accept it. With regard to that part of th.c evidence which related to the bullet, he would ask them to regard it as a mere concoction and take no notice of it. It was true that the evidence of the most skilful detectives sometimes broke when a •'little more care might have got them over the difficulty. That part of ,the case had completely broken ddwnandthe case was. free from any embarrassment as regarded the bullet found m the wall. There was no . evidence of the ' prisoner's insanity, and he would ask them not to take cognizance of it..: -The jury then retired and after an , absence of ot about half 'an hour returned with the following verdict : — " Guilty of ' discharging some sort of firearm m. the' direction of the prosecutor, but there ia no evidence to show that it was loaded with leaden bullets." His Honor said 'he ■ could not accept that verdict,; jIX was necessary that "ithey ■ Bhould find whether the prisoner had or had not .shot at 'the prosecutor. ' ■•■■;; .-• -, The jury retired a second time to consider this point, and after another short absence returned with the following verdict:—" That the prisoner, is guilty, of .firing some sort gj firearm at. the, prosecutor, with intent to do huh grievous bodily harm, but there is no evidence to show that the firearm, was loaded with aleaden bullet." .- . -. :. . His Honor said that this verdict virtually stated the indictment to be, untrue, as the latter charged the prisoner with using a leaden bullet.. . . A long discussion then took plac,e between, counsel on both sides and his Honor, Mr White arguing that he had no option bat to make reference to the 6ullet m the indictniejit, as he could not have left it oat after thej atrong evidence of the detective and other winesses. - His Honor said it was really a question for consideration whether he should not direct the; jury to return a verdict of Not Guilty. As the point was a very fine one, however, ho woiild reserve it for the Court of Appeal to decide. Bail would be allowed the prisoner if he could obtain it, 'and' be would* hare to surrender to it immediately after the next sitting of tbJB Court of Appeal. • . r ; FOBGEBY ANPitrTTEBIHG. William Corlett was indicted for, on January Ist, 1878, feloniously forging and uttering a cheque for the sum, of £22 ss, on the Bank of New Zealand, .Timaru. ; . He was also indicted for having altered the same cheque, from £2 5s to £22 : 6s.' „...; The prisoner, ..who was defended by Mr Hamersley, pleaded Not Guilty, : The following jury were, empannelled: — J. Ellis, J. Bowkett, M. To wnshehd, T. 0. Plante, T. Amos, B. Tacon, O. Matthew, j. , MoFad:geon, C. Jones, J. Derby, D. , West, and A, A. Smith. D. West was chosen as forenian. Thomas Jefcoate : lam a farmer and con-'

tractor, living at Pareora. On January Ist last I gave Michael O'Brien, who had been working for me, a cheque. That produced is the same. It has been altered by " twenty," being written before " two," and a figure " 2" before the "2" I put m. I filled m "the butt of the book at the time I gave the cheque. O'Brien left my place m company with a mato, the same afternoon I gave him the cheque. I next saw the cheque at the Bank of New Zealand about a week after. It was then m the condition it is now. I saw thn prisoner several times between the date when l I gave O'Brien the cheque and seeing it at the Bank. By Mr Hamersley: O'Brien never disputed the wages I paid him. Michael O'Brien : lam a laborer. I was working for Mr Jefcoate on Ist January, and recehed the cheque produced from him on that day. It has been altered from £2 5s to £22 ss, and the original "2" much blotted. I went with my mate, Pat Beehan, to Corlett'u hotel at the Cave. I showed Beehau the cheque on leaving Mr Jefcoate's. I called for three drinks at Corlett's, and he served them himself. He took 1b 6d for the drinks and gave me the change. He then asked us to have a game at euchre, and I Baid I could not play it, but would play forty-fives. "We came to Timaru that night. lam 18 years of age and sft 6in m height. I never had any whiskers. By Mr Hamergley : We were about an hour at Corlett's, and had several drinks, for which we threw dice. We also had several games at cards. Two of the drinks he brought us made us sick. I had only three drinks altogether. We walked back to the railway station from the hotel. Patrick Beehan : On January Ist last, I left Mr Jefcoate's camp with O'Brien. He showed me a cheque for £2 6s. We went to Corlett's Hotel together. O'Brien handed Corlett the cheque to pay for three drinks, and got a£l note, two half sovereigns and 3s 6d m silver, back. We then went into another room and played cards for a short time. We had other drinks. O'Brien brought a bottle of wkiskey away with him I was sick after leaving the hotel, but O'Brie was not. I never hoard him disputing wi Mr Jefcoate about his wages. He handed I the cheque to Corlott before taking the first | drinks. C. S. Fraser : lam toller at the Bank of New Zealand, Timaru. I know the prisoner. On January Ist and 2nd he had an account at the bank. He paid m the cheque produced on January 2nd and got a refund of £12 sa. The cheque waß duly debited ;to Mr Jefcoate's account. I have frequently seen the prisoner's handwriting. lam not an expert', and cannot Bay whether that on the cheque is similar. By Mr Hamersley : The prisoner has had large dealings with the bank. Detective Neil ; On January 13th I saw the prisoner at his hotel at the Cave. I called him on one side and told him I wanted to speak to him privately. I showed him the oheque produced, and asked him '" What (about -it?" .He said be got it from a man on New Year's Day. He described him as sft Bin height, 25 years of age, a Scotchman, and with light whiskers. I asked him what ohange he gave for ' the cheque, and he said two £5 notes, and the rest m £1 noteß, and silver. • I afterwards called up Constable Ross, and. O'Brien, and prisoner said (alluding to O'Brien), "Yes, I think that's the man, but he has shaved since." I shortly afterwards arrested the prisoner on a charge of forgery and uttering. He said " All right. By Mr Hamersley :I also kept O'Brien m custody till I had finished making enquiries. He was quite willing to be detained. Cross-examined by •Mr White : O'Brien asked me to keep him m custody till the case was cleared up. • This- concluded the evidence for the prosecution, and Mr Hamersley asked that the prisoner might be allowed to make a full statement. < ■ His Honor said that i 6 was not a proper cpurse to pursue when a prisoner was defended by counsel. However, he preferred leaning to the side of mercy, and would allow the prisoner to make a statement; but bo would tell the jury they were not bound, to believe a word of it. . ;The accused then addressed the jury. He sajid O'Brien gave him the cheque produced as it now was, and he gave him the cheque as stated by the detective. They afterwards had three games of cards, each losing one, . and paying for the drinks. They then shook the dipe for another lot of drinks, O'Brien losing. He knew nothing was wrong with the cheque till the detective came. •His Honor very briefly summed up, and ' tho jury, without retiring, returned a verdict of Guilty. Inspector Pender on being called, said he knew nothing else a minst the prisoner, who had hitherto borne a good character. .His Honor, m addressing the prisoner, said itlwaa a most disgraceful thing for him to try and put the crime on the boy O'Brien. ,He further believed the prisoner had tried ■to' drug both O'Brien and Beehan. His offence was further aggravated by the "fact Jof his being a. publican, and be did not think he could do otherwise than sentence him to four years' penal servitude. The Court then adjourned at 5.15 p.m. till 10 o'clock this morning. MUTE BIHS. True bills during the day. were, returned against Donald McKay for arson j Henry Smith, larceny; J. T. Pain, embezzlement (two indictments) ; and John Coetello, horse-stealing. .•■■•■' NO BILL. ] No bill was found against Isabella Ritchie Dick for larceny as a servant (two indict- i ments.) PBESKNTHBNT. The Grand Jury, previous to being discharged, made the following presentment : — "We beg leave respectfully to draw your Honor's attention to the miserably inadequate accommodation afforded for the Grand Jury. The room m which we are called upon to sit it only .14ft. by 1 Oft. ; it barely affords sittingroom for the Jury ; and no space for the witnesses. The room is not half large enough for the purpose. ■ There is no accommodation whatever for witnesses, either mala or female ; and thecrowded state of the passages, could your Honor see them, would at once convince you I of the necessity that exists for large separate rooms 'for witnesses of both sexes. The state of the cloaets is shameful, and reflects upon the authorities who have neglected to make decent provision for the wants of persons, both male and female, many of whom are obliged to attend on the Court for days together. "The whole bnilding is too small for the •sittings of the Supreme Court at the present time, and we would suggest that additional building* be erected to be nsed for that purpose and the District Court, on a scale suitable to the requirements of this rapidly increasing town and distriot, and ; that the' present building be used for the Besident Magistrate's Court. "We would also respectfully take this opportunity of expressing our strong conviction that the sittings of tho Supreme Court should be held quarterly m future, and not half-yearly, as at present, for the following reasons : — Accused persons are put to great hardship by being imprisoned for several mocths, while waiting for trial, and the gaol is not large enough to accommodate prisoners waiting for trial as well as convict prisoners. " Fuzbbbt Aechbb, Foreman." His Honor said that he fully concurred with them. in their opinion as to the inadequacy of the Grand Jury room, and though he had congratulated them the day before- on • having better accommodation for" the administration of justice, he believed that with the progress the colony was making, the whole building would soon be entirely inadequate to the requirements of the place. With regard to the inconvenience to which the Grand Jury bad been put he much regretted it. He would take care that a copy of their presentment would be forwarded to the Colonial Secretary, and he had no doubt bat

that before the next sitting of the -Court better provision would be made. With regard to quarterly sittings of the Court, although hi? quite concurred m their opinion that it was necessary, he w.sb not m a position then to give them any definite answer. No doubt when through railway communication was established between Chriatchnroh and Dunedin, the Judges would be better able to hold Courts m outside centres of population such as Timaru. He would promise, however, that their suggestion should be forwarded to - the Government, and he had no doubt bat that it would receive due consideration, and that the wants of the community would ultimately be provided for. He would now discharge them with the thanks of the country and Parliament of New Zealand.