SUPREME COURT.

Timaru Herald, Volume XIIC, Issue 13900, 11 May 1909, Page 6

SUPREME COURT.

.WESTPOKX MURDER CASE

Per Tress Association

CHRISTCHCRCH, May 10. Tlie criminal sittings of the Supreme Court opened to-day before Mr Justice lJenniston. . f , - i There are sixteen prisoner for trial, including William Connelly. <*«» &■* ™*h murder at Westport. There a e several cases of torgery, one of nuii daughter, and one ot perjurv.. *■*' }e£°are assault, robbery, then, and burglary. Eor sentence there arc Seven prisoners accused of torgery, Lonsebreaking and theft. Referring to the charge of murder against Win. Connelly, His Honour said it" arose out of the Westport murder ease, a case with which the grand jury were no doubt acquainted. tndoubtedlv the man had been done to death, and they were aware, or most of them were aware, that two men had been tried in Nelson an a charge ot murder, and that the evidence given was to a large extent, that of the man Connellv. The two men had been convicted of manslaughter, and subsequentlv Connelly was charged in Westport and tried in Hokitika, for having faLselv given evidence that inculpated the "two men. The jury had convicted Connelly, who had afterwards made a statement in which he practicallv admitted that his story was false, and" that he (Connelly) alone was present, and did the man to death. In these circumstances, although the ease presented many matters of interest aud importance, which required to be tried before a jury, it was not necessary for the grand jury to trouble themselves with~the details of the case. It was

sufficient for them that Connelly admitted that he was present, and was taking a slight part in the transaction. That alone would justify them in putting Connelly on trial for manslaughter. "When, in addition, they had his statement made after liis trial for perjury, in which he admitted that he was alone there, then, in His Honour's opinion, that was sufficient ground for them to find a true bill on the charge of murder. "When a man was killed in the circumstances that the man in this case was killed, and when there was no suggestion of accident, it lay upon accused to satisfy the jury that the crime committed was less than murder. His Honour wished them to understand that his remarks only applied to the grand jury finding a prima facie case. Accused's, admissions were not proof of his guilt. He might have an explanation of the matter. Neither the finding of a true bill nor the remarks made by His Honour would preclude the Court or jury finding that accused's statements in the matter were untrue. His Honour's remarks were intended, he added, to. justify the grand jury to whole case, which was very complicated and very elaborate, and so long find a true hill without going into thn as the grand jury were satisfied, after examining one or two witnesses, that there was a prima facie case, thev did not need to go into all the details.' Subsequently the grand jury found n true bill in the murder case, but threw out two of the other fifteen bills. Prisoners were sentenced as follows: —Albin Carson, for indecent assault, to six months; Albert Summerton, for forging and uttering, was admitted to probation for twelve months; Albert Clements, for forgery, was admitted to probation for twelve months; Hy. J. Morrell, for perjury, was sentenced to six months: John "Windsor, for house-breaking and theft, to nine months, each concurrent; James Henry "Wilson, who pleaded guilty to forgery and uttering, lour months; Charles Geddes, for forging and uttering, to three years, and declared a habitual criminal; George Egan and Wm. Anton were found-guilty of breaking and entering, the first-named was sentenced to four months, and the second to eighteen months On a second charge against Anton of a similar character, the jury, after two hours' and a half, were unable to agree, and were dismissed, His Honour intimating that the Crown i Prosecutor would apply for a nolle I prosequi.

"WELLINGTON, May 10. -At the Supreme Court. Frederick Armstrong, alias, George' Pluck, was sentenced to two years' hard labour for theft at Taihape (four charges). Hfiin.3 Kaihau's election for the '.•cit