SUPREME COURT.

Star (Christchurch), Issue 17, 2 June 1868, Page 2

SUPREME COURT.

CRIMINAL SITTINGS.

Monday*, Junk 1, (Dcforo Mr Justice Gresson.) KMDKiSZr.KMRNT. Charles Leonard Hooper, S3, pleaded •< Guilty " to rv olmrgc of liftvfng embezclcd tho Bum of £H7 10», the properly of Miles and Co,, ftt Tlmaru. Ho called tho following ovMohoo an to character: — William Nicol vtacbith ; I hay« known lh« prisoner for nearly nix montfw, over neftrij tlio wltolo of vrhloh period ho had toon cm* ployed by Mllei nnd Co. Until tliis affair, I heard nothing ncainet tho prisoner. I had no fault to find ngainet him up to tbU ooourrouco. 'i ho prisoner enid tlmt when he took the money ho expected that he would havo been able to pay it next day, as he expected a remittance from home, but was disappointed. Ho I)m<1 abucntcd himself from huHincfls on tho plea of sickness in order to procure tho money, and was in possession of fuiKlflwlien arrested, no had only appro* prlated part of tho money. Ills Ilonor : lam yery much grlored to

ace a person of your appearance nn<i youth fa the position tlmt you are pineal in to-Jay, You were in a position where you might hare turned a rcsot'Ctable independence for your, aelf • and it is evident from your appearance tlmt you lire of a class abovo that ordinarily found in that dock. You have pleaded guilty to ti crime for which you might receive a rery severe punishment. It is a crime worse than an ordinary case of larceny, bec-une you weft placed in a position of trust by your employers, nnd you betrayed it, and appropria. ted tho money to your OTn use. lam quit* willing to bellevo what you state, namely — having taken the money under the belief (It4l you would rupla.ee it, Bat it was hero yoa made the mistake, for you could not have been sure whether you would be ablo to fulfil your intentions. I cannot therefore pi\ss over with a very light sentence «n oflcna* of this nature, but I stall give you & much lighter ouo than it would ba iv my power to Rive you if I thought tho caio one deserving of severe punishment. The acntence of the Court h, that you l>« imprisoned in U)0 <ttmm<m g*<>l At Lyitelton for 12 calendar tnontlia, at hard labour. KOnOEJIT AND UTTEttINO. Richard Palmer, 30, was indicted for having forged and uttered a cheque on thi Bank of New Zealand at TJmaru, for 48 lit, with intent to defraud Win, K. McCullough. The prisoner pleaded guilty, stating that he was drunk at the time he signed the cheque Ho had no fclonloui Intent in signing the cheque. Ho hoped his Honor would take it into consideration that he had been in prison awaiting trial for nearly three months. \V. K. McCulloughgavo the prisoner a good general character. Abraham Blackmore also spoke well of the prisoner, Tho prisoner was in the habit of taking drink at times. His Honor, in passing sentence, said that this was ono of tho many cases which cams before himself and the other Judges in the colony, where crime'.lm been the consequence of drink. The prisoner was perfectly awart as alt people in tho community were no doubt aware— that in law drunkenness was mo excuse for crime, because that which de- ! v luted a person from the right course was nil o#n act and made him responsible for what ho did. Now, the crime which ho had pleaded guilty to wns ono of a ruinous kind, and one which used to be h cnpiUl offence, and which tho kw alill punished severely. Ho was willing, however, to give weight to the character the prisoner had received, and to pnaa upon him a much lighter sentence than tho law enabled him, in the hope that he would ponder over a habit which had led him into mtoh grievous misfortune and disgrace. His Honor sentenced tho prisoner to twelve months' imprisonment, at hard labour. PAtSK PRITENCBS. Matthew Longdon, 26, waa indicted for obtaining goods by means of false pretences from Francis John Onu*by,on tueStnof M#J last. The prisoner pleaded Guilty, and handed in a written statement, asking his Honor to deal leniently with him. aa he was tho only means of support of a wife and two children, I lit Honour in passing sentence, said that if ho took this ptea in extenuation, be would have to allow it in tho caso of almost every prisoner who enmo before him. It waa more an aggravation of the offence than otherwise, because if the prisoner w** not restrained by the livw-t of God, ho ought to have considered tlie ease of those whom ho was bound to cherish and support. The sentenco of the Court was that ho be imprisoned for nine calendar month? at hard labour, LAHCBIfT AS A BAIIBE. John ah'ax Olmrtes Walker, 28, wasefcarged with the above offence. The prisoner, ou arraignment, pleaded Not Guilty. Mr John Hill waa chosen foreman of the potty jury. Mr Duncan stated the ca*e for the Crown, W, T, TVelfltt { lam a labourer. I know the prisoner, I was in company with him from Dunedin to Timaru. Wo reached Timaru about tho sth of March lost. The prisoner had no swag of his own, I stopped at PoulAton'n hotel, itnd the prisoner went to Mclton'n, We cngitged to meet each other in (he town i>) theevening, and met accordingly. I iiot employment that oventng, and told the prisoner I would not bo going any further with him. The prisoner said he would be stopping in Tlnwm two or three days. I went to .Ueltou'j next morning, but could not find my swng. I was told that the prisoner, had loft Timaru and taken my awag with him. I went in search of him, but could not find him. I went to the police, gave information, and had a warrant issued for his apprehension, [[dentines tho articles in the swag produced]. By tho Prisoner : I didn't propose, on the 27th February i to so mates with you from Dunedin to the Went Coast. X never said that the things in my swag would do the two of v*. I lent you a coat and vest in Oamara. I also lent you a pair of trousers before we KOt into Timaru. I had 7s 6dwhen I left Dunedin, You paid for meals as far as your money went. You gave me money at Oamara. [ nidn't ask you for my clothes at Timaru i I hadn't the chance. Wy the Court i The reason why I lent the prisoner the <,'<»tt, trousers, and vsttj was because ho had no Changs of clothing. I distinctly said that he could have them until we got to Timaru. By a Juror ; The reason why I didn't ask the prisoner for my clothes at Tiroaro was because he said ho was going to stop for two or three days. John Sweeney: I nm in the police force, aud stationed at Tinwnt. I arrested the prisoner at Temuka, with the property now before the Court in his possession. After cautioning him, tho prisoner said that the things belonged to tho prosecutor. This was the caso for the Crown. The prisoner had nothing to say to the jury in defence. IJis Honor briefly summed up > and the

fury, nftor aahortabnonco, returned ft verdict Husband coming up and Bopinn thorn, for tlmt of "Not Guilty." "ho would munior hor," I tow hor I Imd 10 Hifl Honor, addressing Uio prluoner, naid phco to put thorn In, and (o utik tToliiintott, iho Jury Iwd taken ft muoh more merciful which »ho did In my prwoneo. Ho vuimod flew of tho oftno than ho nhould hivvo dono, to have anything to do with thorn. Bho Raid Thoy had rotnrncd ft verdict of not guilty, fl ho Imd wlilrt« intho pardon, whloh rlio would and, an thcro wa» no other charge agalnni «ivo to Cawon, Trittan, and mynolf. to dlvldo him, ho would now ho dlflohargod. In tween u», as wo did tho trouncra, Mio said fl bTho Court adjourned, wo woron't to get thorn untH things woroi Trifßn . T t o nulct, Tlioro In iiuwlly n«»r U»o Rardon. I 1 dkhdat, Jam) i, ft nof ft t ft||l , lh , „ M ,iorn onfcli . (B'oforo Hto Honor Mr .Tunileo Gramion.) on t | 1(1 ,my aftoi* tho flro in tho gully, covered Hlfl Honor took his float on the Bench at with tufw of granu. Mm Horllnor, aftirtho ten o'olock prcolbdy. ooronor'n Inquest exproiood a wlnli tlmt I Aniow, Hhoiild otop In tho vrhur&i along with miotlior XfOUlfl Berliner and Uot«y Borlinor, bin wlfo, yonng man, until ttho and hor husband civtuo WGffl placed at iho bar, charged with having up from town, Tho ftiuJo \\Hmi\qv nut.l tlmt IMonionuly, wilfully, and maHolo«»ly not »>« lio would nfMlnUno In gating cloth )n town for to oortain proinfacn in tlio Aflliburton dlniWoi, mo to oommonoo buHinowt an a tailor, .and on tho flint January, lfl l7, with intent to Umt ho would hoII tho goods, I inn qulto defraud tlio Liverpool, London, anil (jloho curtain that; thoro wna nothing nald about tinInutlrftnce Company. Hro In that convornntlon, Mr jßcrlhkr r<jTho nvwnuin, on tholr arraignment, turned to tho AnhbuKou <)« Uio thlr.l day or pleaded not «»ilty, • tlu:real»out« add 1 th« flro. Jlo.lovo hln roiurn, Mr Duncan pronooutod on the part of; tho Mw Berliner nhowod mo things In a boot. Crown, and Mr Wyitn WNllainu appoarcd trunk which uho didn't wlnh hor lumhand to for tho prlflonero, «00, and anlcod mo tako Uiom aorow to tlio Mr Hanry Kerr wan ohoaon foroman of tho sttitilo or wharo In whloh I waft working, I jury. told hor I couldn't do ho, «h Mr Pumoiu would Mr Duncan ntatod tho cano for Mid Crown, m , t |, onl| j mv/ Mi-h Berliner in Tinuiru and called tho following mUUmo ;— , v | )0 ,,(i flyo w<H'l« ago. Sho had uomo Harry ffcuat ; lam a doteotivo. I know (lonvcroatlon with mo about jowclry, Slit* t'io primmer*), On tlio Iflt of May lattf, I (l «lcod Jamoi Sunkling to ho!1 a watch and AmflteiUhematthoAnhburton, and cautioned Q \ m [ n m( \ ftp pondnpß, a»d a brooch or two, thorn In tho ufliial manner. Tho rnalo prl- sho did hot my how long she had hurt Mimn. ■oner wantod to know who laid th« in for- [ \ m \ nOVC r noon thorn boforo to my knowmatlon } and tho fomalo prloonor flald " Who i O( | KO , a no did not fflvo any reason for law mo not flro to It? " I brought tho prl- (inking Suckling to floll tho jowolry. tM»o did Bonorn on to (!lirlflt<!hur«h. not «ay whoro flho had got it, I don't know John Dawkln« s Tn 1807, r wan llvlnar at whothorlt ww part of tho jowolry whloh wa« tho Aflhhurton Hotel, of. wliloli Mr Pawoim flftVC( i f rom tlio flro, Mm IJurllnor a»kod mo was thon tho proprlotor, I know tho prl- to g 0 to tho Anhburton with hor i oho gald lonoru. Tlioy lived iwnr Uio halo), and that hoe liualmnd and myfldf could curry on a kept a gonoraf fttoro, Tlioro wan a flro at Mr wood trado— thnt In, with regard to tailoring, Herllnor'fl flloro In January, 1807, Tlio build- (Laugh tor.) SbomUd they Imd had a heavy Ina wan eonfltruotod of wood, and a<s«ordlug flood at tho Awhburton, and lout all tholrthlnga to tho hciit of my rccoll«otlon the froiitago J o mo Irowwow belonging to Mr Berliner wero wa» from 30 to .'Ifi fcot. Thoro watt a verandah to mooutof tho storo to alter boforo In front, and a door In tho middle of tho Btoro i| 10 flro. Mrs Berliner guvo thorn to mo over frontngo. Tlioro whr a window on oaoh sido tlio counter) Mr Borlinor being then In tho of tho door, Tliero wm nlao ft back door, atoro. I boiiglit two Criinoan Hlifrtn and a The fltoro ntnotl on tho nido of tlio Afthbitrton pair of »ookn, but didn't ray for them. Tho nearcflfc Ohrl/itohurnh, Tho prlflonorit lived trousoru wor« dlrldcd betweon Johnston anil on tho promlB0», Mr Berliner ww at homo my«el* at the Aahburton liotol. Whon i flrat-! in tho ntoro, and 'upoiikliig to mo provlous to nn,w Mr Ho llnor uttor tho fire, ho said lio wno the flro, Ho loft to go to town about two a rulnod man, and appeared to bo greatly' d*ra boforo tho flro ocourred. I wa« dojootod, Ho didn't way anything lo mo in tho Bloro on tlio ovonlng o£ tho about goods boing mifo. Ho «ald ho would flro, and on tho day previous, Tho i nft |< 6 p, proHont of tho throo palm of troiiflors fomalo prlfionqr wan In the fltore on the oron. which I had in my poflßOJision to ifohnnton, Jng of tho flro, I didn't notloo anything par- Trlttun, and mvflclf, ilo gavo thorn lo u» ticular In tho appeiirunco of tho storo that for having asmntod to eavo tho oUtblauud evening. In tho morning, I naw Mm Horllnor whuro, Tbcro wrtfl an ln<|Uoflt on tlio flro, taking nomo blankotu out o£ hor own dwell- huld at TurtonM Now Inn. Aohburton. Mr Ing, whioh wan behind the «t<>re, to wanhj flho Rcrlinet* flald to mo "Makotho ovldonoo as didn't remove any goods from tho storo In light no you can » don't anuwor moroqucfl-] my fleeing, or to my knowlodgo. Thatovon- Mono than you arc auked." (Uughtcr.) lU\ Ina. I saw some goods under tho verandah t itnid ho would make a place <il hfa placofor thoy woro pnolcod up in canvao, and fiirtte»«d mo to work In, and that ho would firing up cither with a rope or Miring, I wiih In tho gO odH from town for mo to work from. Ho ■tore tho name morning between 10 and 11 a«kid mo what my opinion wan an to how tho o'olock, I didn't thou neo iho goods in tho n>o originated. lie said hi« wlfo was giving Tcrrtndali, To the bent of. my knowlcdßO tho ovldonco that tho lamp, whloh v/M buruooods might Imvo mcanurcd about three | n g in tho middle of the fltoro, might foot by four, 1 lofl tho fltoro at 10,30 | inro «ot flro to tho drapory round p.m. on tho night of tho flro, I tdo post on which tho lamp wnn bung noticed ft eano lying on tho oountor, whloh on, and that tho wick dropped Into thooll and contained wntclies, ■olihlhh, inccrßcham plpcw, tlio lamp burst. Ho told mo to any nollilng fya,, on iho ovonlng on which' tho flro occur- iiumt tho carpotand thlngH unlca« I wan asked, ta&. Ho far fin I cun guoflfl, tho oamt wrt« Ho told mo to cjmk Uio truth ao to tho way throo feet by two \ it waa clone to tho rtcok, w hloh I thought tho flro hud huppono'l. I Whon I loft th« «tor« aboul; half.past ton cannot toll tho way. (Lnughtor,) h wu? at o'clock tho proiiil«cfl wcro nafo, During tho tlio timo tlmt ho told mo to mako thlngH m daylhiul (Minvvraaiionn with Mm Horlinur ll(;ht nn I could, thnt Mf Berlluoi 1 mild "ho shout Victoria. In the morning, when I went would do what ho could forme." 110 Raid over to the Htorc, Mr« Borlinor flrtid to mo, <« K <> lo tho whnrA and romuln thoro until I tlmt h)io wished tho wholo place w«» pnllod roturn from town> I will bring cloth, and down and burnt | (iho wlnbcd to bo at Hooch- flx a placo for you to work in cloho to tho worth, In Victoria, with hor daughter. Hho ntoro." This conversation ocimrred while many tlmo* exproMHud a wlhli to leavo New u»o inqtioat wa« going oil at the New Inn. Zealand and get back to Victoria, long before ir« Bald ho wan afraid It would ho a hard tho flro. ( Vhoii wuh with mo in tho ntorc on | ( ,h to get. tho insurance, Tho rooilh that the night of th« flro. Tho gluflfl of tho lamp had boon undor tho verandah prevlom to the (vrhleh wa« burning In tho inlddlo of tho flro, wero romovod in a waggon afkr the •tore) broke, and (toninn not up and turned inquoHt, Homo bags of flour, tinware, hand the lamp down, Mr« llurllner nald, " Lot It hliovclh, and a box, woro romovod aftur tho burn— -It will burn tho llco out of tho pro« u>o, I could not nwour that I had nuen tho mlflCß," I cannot reeolluot tho wholo of the box boforo | It was a boot trunk, I did not nverflfttlon whloh took placo, After louv- boo tho box taken out of tho fltoro, which was Ing the fltoro I wont to tho A«hburton hotel. lyln« at tlio otockyard. In my opinion, It I wan rouHcd early In tlio mornlngj afior / would lake «on»o limo longer to rcmovo the Trent out Imyw a flro at Mr nortlnor'H more, box to tho pluoo In whloh 1 dtooovorod It, if I wont to it, and wlum f reached it found that tho Btoro wan on flro. hecauno the party would th& Are wan confined to tho front part of tho Imvo to pann througli tho ilamuri to oUi\h) it. Dtoro} It had not yet broken outnidoi tho door Tho flro did not appoar U> bo buenliifif moro I waa olofiei!, and tlio flainou woro junt bronklng flercoly In one part of tho Btoro ihan in out of th« fr<mt wi(i<l«w«, I didn't aaotheft It was all alike On tho morning pro- ; notico whether or noh Ujo gn»d» woro vlous to tbo flro, I obuorvod koronino eplllod ] then lit the verandah. I didn't nco on tho floor of tho fltoro, tiio uamo canon aftorwardn. I iiaw Mm Oroßfloxamlncd by Mr Wlllliunw f The Borlinor at tiio flro. When I flrtit reached arranffcmont for Mr Berliner flotilng mo up tho nccno nho wi»n ohoo to tho bade of Iho [ n bi^ltu-Hrt wu« lallted of long lioforo tho flro •tore, and nmn<;d to h<> vavy much oxo.luu] — tlireo or four wuulcn. Ho did not, to mv nnd norry (tt hot 4 liouho boiug hurncd down. Itnowledgc, mention thin to mo at tho tlmo tho I paw the dc«k in the fltoro boforo the flro j Inqucab wan going on. in ordur that I might It wan Btar.dinu at tho ond of tho ntnre, on mako tho matter llwilt, OarHon, Johiinton, tbo countor j ir. wim about- three foot by four, and myAulf wore In Iho »ioro on tlio ovonlng I «aw tho dcrtk (with an Ink bottle on top) an boforo Uio flro. Caruon and Jnhnnton woro tho fltore wm burning, about .10 or 40 ynwJu jil/iylnp Homo Jnfltrumont, Thoro wuh no AWay from tlio piaco, clono to a Htoukyard. Hinging. I mlneod Mr Borlinor from the Tlio fltockyar/1 wan Jn front of tlio rtoro, I ntoro two d/iya prorlouo U> Iho flre, Ibellovo took tho fleiik in my hand, It wan f iintonod that ho and hl« (ion had gone down in nomo manner, I mvw a Jot of bedding, rt to town to got up oomo good/). I drawer, a onr|)<'.(, two haxm, aavomauimw, never mild that Mr Berliner loft on tho And Dlindry bundled, lylnp) about. Thorn evening before tho flro. 1 rccollcot Mm Herwas a slahlo oloho to the ntoro. I wont llnor telling mo that oho had opllled Homo to it noxt morning, and flaw two koronlna on tho floor of the nioro by accident. boxoH thore with clotlu-H on top, for bedding. I wiw In the habit of being in tlio fltoro two I don't think that I bad neeu tlsono )iox«« and threo Union a duy. I don't know whether beforo, I had nevor- been in tho Htablo pro- thoro waH a im»k of naltputro In tho ntoro beTlouflly. During tho flro I did not olmorvo foro iho flro, It did not appear a« though any gooriii being romoved, I cannot fltatc the dcok had been placed at the etockyurd in who wa« the flrot to reach tho flro. After a great hurry, Mrs Borlinor told mo at tho flro, there wan a Hoorch made by myoeK Timaru that fllio did not hear tlio iuvestlga* undCarflon, In Mrfl HorliutT'Hpruuuicofor tho tlon Into tho cnu«o of tho fire, but that thoy jewelry, I wuh pouring water on tho ombom, might go to tho dovil | they hadn't neon her whllo Camon raked them up, Wo didn't Bet tho placo on flre. 1 flinld to Mro Borflnd any, liernnhu Mm Hurllnor BitM '' Tt Ih nil liner that the row about the flro right — it'n nale," Hlio didn'^, my whero it had been got up through nptto and Wftfl. I flaid t<i Cnwon " Bob, this In a rummy -fcalouuy, bceiuiso Mr Borllncr reduced tho flo." fLaugbtor.) On tbo morning after the prleo of " nlpn " from a flhllllng to eixjicnco, flro, I imd dome conversation with Mm B«r- against tho opposition. (Laughter.) I wait liner about h carpet. Hho pointed it and other sworn at tho Inquoflt, I cannot ewcar that I thing o out, and nuked mo If I could secrete gavo tbo name evidonco at tbo inquest an I thorn comuwhero, an oho Yttw afraid of hor hivo given to*day. I do not know who laid

tho Information In this <wso, tdld not tell tlio coroner and tho jury about tho oonverna. tlou which I had with Mm Morlinor on thi< night of tho flro, ' bcoauno I was not miked. Dorlinor Bald to mo boforo going Into tho i Inquest, " Now, Dawklna, all you have got to do la to toll tho truth," or similar words. Tho crOBR - examination of tliia witness having concluded, tlio Court adjourned for lmlf.an»hour. Mr Duncan intimated that Ito llrtd yet clovon witnesses to cxamlno on tho part of tho prosecution, Tnnm billb. Waltor Johnstono, burglary nnd provioua conviction. NO lUIA,, Tho grand jury throw out tho bill in tho <uw<! o£ fllMap-flienllng against Samoa Jono», who appeared in Court to answer to his ro coanhnncDß. II In Honor Bnld— Tho Grand Jury liave roturnod no bill, and rtfl I ftw In for/nod Hint thoro b no othor fihftrgo against you you may now bo <llfl<)hArgo/l. X Imvo carefully rond over tlio doponitions, and though I have nu doubt Hint tho Grand Jury nrrived at a sound conclusion, still I think you wcro deficient In judgment In not giving ovory facility to tho Hhuep-ownopa to sort out and oxamino the Hheop, Tho anxloty, cypenno, and lnconvcnloneo you hnvo boon put to aro greatly due to your want of jud«mont. I liaYO no hesitation In expressing my opinion that you aro perfectly Innocent morally, but thoro was a want of judgmont in your bohavlour, which has canned you so much anxloty nnd troublo You ni-o now discharged.