Supreme Court.

Star (Christchurch), Issue 173, 1 December 1868, Page 3

Supreme Court.

CRIMINAL SITTINGS. Tuesdat, Dec. 1. (Before Mr Justice Gresson.) The December criminal sittings of the Supreme Court commenced this morning, his Honor taking his seat at 11 o'clock. The following gentlemen were sworn as the GSAND JtJBY — J. C. Wilson, C.B. (foreman), John Studholme, R. Symington, E. M. Templer, J. N. Tosswill, W. Tosswill, J. C. Veel, C. R. Vigers, R. Walton, W. Wilson, H. B. Alport, H. P. Murray-Aynsley, A. F. N. Blakiston, P. B. Boulton, J. C. Boys, W. Browne, W. D. Carruthers, and J. L. Coster. His Honor then : delivered the following charge : — "Mb Forbhan and Gentlemhn op "the Grand Jurt, •* I am happy to be able to congratulate you on the lightness of the Calendar. There are only six caies. The gravest is a charge of murder, and unless the evidence for the Crown in that case be stronger than, that which was adduced at the inquest, I think you will hardly feel satisfied that the crime with which the prisoner is charged can be ranked higher than manslaughter. " True it is, that the law presumes every homicide to be murder until the contrary be shewn, and therefore you who have no opportunity of hearing the case for the defence, niay be justified in finding a true bill upon being satisfied that the homicide was committed by the prisoner. But if the result of the evidence for the Crown should be to convince you that the prisoner bore no malice either towards the deceased in particular, or towards mankind in general, I can hardly advise you to find a true bill, seeing that it is no light matter to subject a fellow-creature, to the anxiety and disgrace attending being put upon bis trial for murder, however confident he may feel that he is entitled to acquittal. Nor will the ends of justice in such case be frustrated, a,9 it will be competent for you to find " a true bill" upon his being indicted for manslaughter, as doubtless he will be, if the bill for murder should be ignored. I have made the foregoing observations upon the assumption that the evidence before you will be the same as the viva voce evidence at the inquest. There was a document received on that occasion which purported to be a statement of the deceased, but I am of opinion that it canii(jy lfe»received as a dying declaration, and cannot be brought before you. The other cases in the calendar are of the ordinary character, and require no comment. One is a very simple cas« of larceny by a bailee. The Resident Magistrate, I believe, felt a difficulty in dealing with it, from the language of ' the Larceny Act, 1867,' which excludes that class of offences from those punishable on. summary conviction. The statute law on thi3 subject has been in force in the colony since 1860, and is now well understood. The offence is one of frequent occurrence, and I think that a power of dealing with such cases summarily might bo safely entrusted to Resident Magistrates. The prisoners would be gainers by being saved from the delay and anxiety consequent upon their being committed for trial, and the expense of Crown prosecution, which is necessarily very heavy, would be diminished considerably; ' " Gentlemen, several useful Acts have been passed during the late session of the General Assembly. It would take more time than we can spare at present to enumerate them all, but I may mention a few which, I think, will be found very valuable. "The Bankruptcy Amendment Act has removed many of the defects of the Act of 1867. " The Mortgages of Stock Registration Act, 1868," has supplied a want which has been much felt in this province. " « The Lunatics Act, 1868,' appears to deal comprehensively with a subject upon which legislation was much required. : " • The Offences against the Person. Act Amendment Act, 1868,' gives to the judges of the Supreme Court a power of awarding whipping as an additional punishment for a certain class of offences, which such a mode of punishment is, I think, well calculated to repress. •..'•'• " ' The Resident Magistrate's Act, 1868,' contains provisions which will facilitate) the recovery of small debts. j " • The Law Amendment Act, 1868,' enables Justices otthe Peace to take the de >oaitions of persons dangerously ill, and to c lake the same available in certain cases, whei the deponents cannot be examined at the rial. It also enables the Courts, in cases where persons have been convicted of larceny, and hay« sold the Btolen^property^ to make i estitution out of moneys found on the pritoner to. the innocent purchaser for '. the pror. erty which he may have restored Jto;the prosecutor. " ' The Juries Act, 1868,' consolidates and amends the law relating to Juries, which has

bean heretofore in an unsatisfactory state in the colony. " Gentlemen, I will not detain you longer from your duties. If you will now be good enough to retire, the bills will be sent to you, a«d I hope to be able to discharge you to-day from further attendance. The Grand Jury retired to their room, and during their absence the Crown Prosecutor applied to hare Richard Mason, who had been committed for perjury, discharged. His Honor granted the request with a suitable caution, and remarked that thCrown Prosecutor had taken a very lenienc view of the case, although the imprisonment already undergone by the prisoner was no light punishment for his offence. After about half-an-hour's absence from Court, the Grand Jury returned a true bill against John Byrne for forging and uttering certain orders for money and goods. The prisoner was then indicted for the offence, on three charges, and pleaded "Guilty "to the whole. In reply to his Honor, he stated his age to be 28, and declined to plead anyting in extenuation of his conduct. His Honor remarked upon no excuse being advanced for any of the offences, and said that, although the sums of money obtained by prisoner had been small, a severe sentence must be passed upon him. He would be committed to three years' penal servitude, the term to date from the first December inst. LARCENY AS A BAILBE. Adam Stevens (22) was indicted for the larceny of a saddle and briddle lent to him by John Bavin. The prisoner pleaded " Guilty," and made no statement in defence. His Honor said he could not understand how a person of prisoner's respectable appearance could possibly commit such a petty theft, unless, like many others, it was the result of an indulgence in drink. He had nothing to plead in mitigation of sentence, and indeed he could not well excuse such a deliberate crime. He would be committed to six months' imprisonment at hard labour, the term to be computted from the Ist of Dec. inst. TORGEEr AND UTTERING. John Edward Taylor, alias William Thompson (27), was indicted for forging and uttering cheques on the Bank of New Zealand, Christchurch and Timaru. The prisoner pleaded " Guilty," and urged in extenuation of his conduct, that be was hard up when he committed the offence. His Honor : Did you not know that it would have better to apply for assistance to some one whom you knew than to commit such a crime as that with which you are charged ? The Prisoner : Some friends in Timaru gave me drink, and it was whilst in a state of intoxication that I forged the cheques. His Honor said it was as he thought, but the act was the result of insensibility brought on by prisoner's own conduct, and snch an excuse certainly could not be admitted in mitigation of sentence. The prisoner would be committed to two years' imprisonment at hard labour in Lyttelton gaol, the sentence to be computed from the Ist of Deo. inst. MURDER. The Grand Jury found no bill against Thomas Evans Pepperill for murder, and he was then indicted on the charge of manslaughter, but with a similar result. The accused, who -was at liberty on bail, answered to his name, and his Honor addressed him. He said the Grand Jury had taken a very merciful view of the case, and it now only remained for him to discharge accused from any further responsibility in tho matter. He believed that although the accused had been guilty of a rash act in handling a loaded gun in the manner he did, yet he had received considerable provocation from the deceased, and there was nothing to show that he had been guilty of a criminal intention. His Honor had very little doubt, from the tenor of the evidence, which he had very carefully read through, that such were the facts of the case, but at the same time he must warn accused against similar rashness in future. He had had a very severe trial in sending a man so suddenly to his last account, and the consequent anxiety which he had been subjected to, and it was to be hoped that it would be a caution to him hereafter. He would now be discharged from further responsibility in the case. The Grand Jury returned a true bill against James Andrews for burglary, and being the last case on the list, his Honor discharged them from further attendance.