Supreme Court

Star (Christchurch), Issue 251, 3 March 1869, Page 3

Supreme Court

. CRIMINAL SITTINGS. This Dat. (Before Mr Justice Gresson and Common Juries.) His Honor took his seat in Court precisely at 10 o'clock this morning, , --.', ... BEHTENOE. ; ;„' ; ■ ' Henry Thomas Lawrence, who pleaded guilty on the previous day to a charge of indecent assault, was placed at the' har to receive sentence. His Honor : Have you anything to say, Mr Slater? . Mr Slater : I was going to observe, in ference to a remark which, fell from your Honor ye^terdayas to the consequences likely to ensue if youthful prisoners were allowed' to associate' with; hardened criminals,' that I have, since looked into the Act under which this indictment is laid, and I find that your Honor, in addition to passing a sentence of imprisonment, has power to order corporal punishment; and perhaps your Honor might in this case, seeing that the prisoner is but a mere boy, gjve him. a . sliorfer period of incarceration by adding to his sentence corporal punishment. _ His'' Honor : It is.the. the very thing I was going to do., As ; l said yesterday, there is no class of offence which has cost my brother judges and myself so much anxiety as that now before me, through the want of a reformatory for the reception of young offenders. I have been using whatever influence I have since T was first made a judge to , try and get some institution established of the kind that I have indicated, and you are aware there was a very valuable and elaborate report made by the Commissioners a year or a year and a-half ago on the iSubject. , I am an enemy to corporal punishment generally for adults,- because I think it tends to degrade, but for youths and for a class of offence of this na'ufe I think it. a particularly suitable punishment. I was just about to act in the manner yc-ii have suggested, Mr Slater. lam happy to know that this boy, has beei out on ba.il. Mr. Reston was called up, and a ropsultetion took place between him and his Honor. The Registrar asked the prisoner what was his age. '•'■'■■ . ■ Prisoner: Fourteen, next ?.f ay. '■■. .; . The prisoner, on being asked; jf he bad anything to say. replied in the negative. • ■■■»• His Honors Henry Thomas' Lawrence, you have pleaded ' guilty to a charge of indecent assault upon a very young girl, I have read, the ' depositions t»refully, and I find from them that the assault has been .cp.oi'niitled. undei" circiimstauces of great provocation— that it, was committed very wantonly by you, without, so 'far-! as I can. , judge, any, matter whatsoever tn extenuate oripailiate the crimethat .you have pleaded .^guilty to. jvmight give you a long sentence of penal servitude for that -offence;- tout; taking your youth' in to' consideration, and fearing thatf with the convicts in the gaol : might; lead to your contamination— for I' %ill. hope!, that', though' foiir h'&ve;been'lea*into the commission j of this crimje, you .are not yet hardened in guilSCl have resolved to give you, a light | ternijrt iipprißPQment,.and add to ; it, as I amemppwertid to do,-corpor»l punishment . The i sentence of the Court is, that", youv Henry- i ThoflM^lsßTWDeaee, be imprisoned in the common .Gaolj at -Iwttelton,' for one. calendar month, computed^ from the Ist March inst;,' and that you be kept to hard labour, and that; you receive the additional punishment oi two whippirigg, at. ifatervkl.B of ten daya each, receiving twelve lashes each whipping, with an instrument commonly called a: cat-and T ninetailsV Of course, Mr Uestorf, the. Act will be coropljedwfthr-the. surgeon of the Gaol will be present? You are probably aware : of the Act. If not, you will have it before you. Mr Reston: I am aware of it, your Honor. His Honor: You understand, Mr Reston i ; it is my desire that the prisoner, so far as you possibly can, shall be kept from associating with the other prisoners. Mr Keston: I will take care of that, your Honor. „ ..<.'. His Honor: A copy of the sentence will be sent over to you, so as to prevent any mistake with regard to the number of lashes. The prisoner was then removed. . FOBGEBY AND UTTBRING. Emily Ann Needham was placed at the bar on a "charge of forgery and uttering (Bowler's case). The. prisoner pleaded Not Guilty. Mr Duncan prosecuted on the part of the Crown,;; and Mr -Joynt appeared for the defence. " ■. ; - -,•-.•...-.■.....■. . Mr Thomas Grange was chosen foreman of thejurj*. ' "• .-: < : ■ ■ Mj? Duncan stated the case to the jury, and called the following witnesses :'— - Harry Feast : I am a detective officer in Christchurch. I remember being at the prieoner's Ijouse on the evening of the 26th December. 1 took possession of the crinoline and ; pair of stays which I now produce. The prisoner and Air Bowler were present. The- prisoner said nothing ar that time. I don^t think' she said anything in reference to these articles, Henrietta Bowler : I keep a shop in High Btreet, Clirisfchurch, for the sale of stays and crinolines. 'I know the prisoner by sight. She was in my shop last December, about the beginning of the month— the 3rd. She asked to see, some stays and crinolines. I showed her some, and she chose one of each. She said she would send a man for them. 1 asked her what man; and she said Mr Peacock's man, and that the carriage was up the street. I understood her to man }.lr Peacock, who lives on the Papanui Hoar!. I made up the parcel. I addressed it, }>y prisoner's direction, to Miss Morgan, at Mrs Pencock's. She tendered a cheque in pnyment for £8 10s. I would know the cheque again. The one produced is that which I received from the prisoner. Ihe stays ami crinoline came to 295. I gave her .£6 lls in cash, making a' mistake of 10s. The pri-

soner, after getting the change, toot the parcel, toying it was a small one, and she had totcall at the Bank, at : the corner, to see a frjend, and she would prevent the carriage waiting. She took the parcel away. The articles produced are those which I sold to the prisoner. Cross-examined, by Mr Joynt : I next saw the prisoner at the Regatta, on the 26th Decejnber. I went; down to see if I could find thfe party who had been at my shop. When I reached thexegatta, Lwentby my husband's directions to see if I could recognise the party aolongst the persons sitting on the brow of the hill. I was requested to observe particularly the first couple, I had never heard Mra Needham's name mentioned at this time. Mr Feast, the detective, was in company with my husband. He stood by, and heard my husband tell me to take notice of this particular couple. On being led to the spot, I recognised Mrs Needham as the person . who had been to my shop. I was about 100 or 150 yards from Mrs Needham when she was pointed out to me. I walW'l up close to her, and identified her.. I next saw her in the Resident Magistrate's Court. The articles produced are the work of mA self and assistants. I liave not tho slightest doubt about their indentity. I did the fitting part of the work myself. ' c My mark, " No. I," which I made myself, is upon them. I identify the stays as much by the work itself as by the mark. I next saw the stays and crinoline in the Resident Magistrate's Court during my examination. I did not see them from the day on which I sold them until during my examination at the Resident Magistrate's Court. John Thomas Peacock : I reside on the Papanui Road. The signature to the cheque produced is not mine. I do not know the prisoner. I saw her at the Police Office, but not before. The witness was not cross-examined. Henry William Francis : I am ledgerkeeper in the Bank oZ Australasia. Christchurch. The cheque produced waa presented for payment and dishonoured. The drawer had no account. . This wns the case for the CrowrL . .' . • In reply to the Court, Mr. Joynfc said he had no witnesses. Mr. Duncan, addressed the jury , briefly, upon the evidence adduced by the Qrqwn,. : Mr. Joynt, in addressing the jury for the defence, said there was no doubt that at first this case might seem to ba an extremely simple one, if they took the statement of Mrs Bowler that the prisoner at tho bar was the person who bought the goods. But he. would ask the jury to consider the nature of the identification, b'nth'of the pri's'oher .' and the attic.les in question, before they came.io the conclusion which the Crown asked them to arrive at.' ".', The'idetitity 61 the prisoner was not of that kind which a jury could ; place implicit, reliance on. It was not Mrs Bowler who had independently identifledthe prisoner^ but it was a constable of police, who had been previously about, who pointed out? Mrs Needham as the person, and drew Mrs Bowler's attention to'hef; It deemed to the learned' counsel that a very unexplained and unsatisfactory system was evinced by, -all this— : a. detective officer drawing, attention, to the pri-i sbaer, and tlffe' prosecutrix then going up and identifying her. Nearly a month, had elapsed, anfl it was very probable that Mrs Bowler, had made, a mista|ce in identifying the prisoner^ as no doubt many were in the habit of going to per shop in similar attire every day. ''The .identification! of the goods was just as incomplete and unsatisfactory as that of the prii soher herself: In the identity of the prisoner, the jury ought to be satisfied that Mrs Bowler had used her own unbiassed judgment His Honor, summed up, and, in the course of his address, remarked that the police would discharge their duty far, more satisfactorily if, in cases of this kind, they endeavouredto make the identification as independent as possible. - The jury, without quitting their box, returned a verdict of Guilty on the second count — that of uttering. After some consultation, the prisoner was arraigned on a charge of forgery and uttering in Cuddon's case. The prisoner, through\her counsel, pleaded guilty. " ■'•„,'■' Mr Duncan withdraw the third indictment. "Referring to some remarks made by his Honor in addressing the jury in the first case, the learned counsel thought his Honor was not aware that it was not .Detective Feast, but ?tfrs Bowler's husband, who pointed the prisoner out to her. His Honor : The detective was in Mr Bowler's company, and I perhaps hastily assumed that he had something to do in pointing the prisoner out. The reason I made the remark I did was because I observed in one or two cases — of course they have nothing to do with this one—that the person had been brought to the notice of the prosecutor by the police. I did not wish to throw the least imputation on the police. I think they do their duty admirably, but they will bear in mind that identificntion has more weight coming independently. For instance, the identification of a person in a crowd would h;ive rrore weight with the jury, and would be more complete and conclusive, than if the person had been walking in the yard and pointed at, and the prosecHtor asked " If that's the man?" Of course a jury would not attach the same weight to identification such as this. I assumed, and I admit, perhaps hastily, that it was Detective Feast who called the attention, of the prosecutix to the prisoner. The prisoner was Rsked what was her age, and she replied twenty-two. On being asked if Bii e had anything to say why sentence should not be passed upon her, Mr Joynt rose to address the Court: I may . state to your Honor that my client is connected wi'h a highly respectable family. Of course, that circumstance alone will not have anything of a tendency to improve her position before your Honor. But it is an, extremely painful matter, and I think if your Honor could look upon it in a merciful light, that a

moderate sentence would have as much' effect upon my client as if your Honor consigned heY to- prison for the period which the Act enipowers you to do. I am instructed that the prisoner will leave the country as soon as she is released from imprisonment. 1 would point out' to your Honor that she is a poor, weak woman, advanced in pregnancy. His Honor : For that very reason I have been consulting with Mr Reston; Mr Joynt : I believe the pain my client has felt on being led into temptation is very great indeed, and whatever the sentence of the Court may be, it cannot be any greater punishment to her than that which she has already suffered. In connection »-.ish this eritae of hers, your Honor, there is a train of most calamitous circumstances. It appears that she had contractei a debt prior to her maTn'age with Mr Needham, and that in order to "satisfy a , hungry creditor, she had resorted to this means of raising money, : so that she might pay off the rfebt without her husband knowing anything about it. I would ask your Honor to moderate the sentence as much as you possibly can; and if you can do so, to avoid committing her to hard labour. I will call medical evidence, if your Honor desires it, to prove the condition the prisoner is in. ."'■..,.. „' • ■ „ . • , Ris Honor : In that case, the hard labour would be according to the circumstances she was able to bear. There would not be the least danger of her being liable to injury in that way. Mr Joynt said he had nothing further to urge to the Court. His Honor : Emily Ann Needham, your caae is indeed a very painful one. I have no doubt'that you feel under the very painful position in which you are placed, and I must say that I feel. also deeply for your husband. But I cannot, of course, admit that any of the circumstances that have been referred to by your counsel can seriously effect the sentence that I am about to pass upon you. What does weigh with >nic in giving you a much lighter sentence than I would give'to a manUrader like circumstance^ is your sex, y.our positioa, and very strongly, also, the position of the gaol to which I am about to consign you. I'have been, anxiously Conferring! with the Gaoler of. Lytteltoii Gaol, and I have induced him — and I believe at a 1 considerable sacrifice to himself — to iendeavour to make a place to receive you. rather than consign you to the company of drunken "prostitutes with whom you would otherwise have to associate. The sentence of the Court is.ithatybu, Emily Ann Needham, on the first indu-.tnierit, be imprisoned in the common Gaol at Lyttelton for, six calendar' months, computed .from the Ist of March instant, and that ;y.ou' be kept «fc hard labour; ,'and ,on the second indictment, that! you be. confined in the jcommon Gaol at Lyttelton for one calendar month,'eomputed .from the end of your former sentence, and that you be kept at hardlabour. ; : 'The; prisoner, -who wept-bitterly, was then ■removed;'! ■' r ' fm .'■'■".'' '"':*". '■"' ■" •, ;>""\- ■••'■ < ■' ;ii^^Tp'TOOciniß ABbiaTiliK .- '"',,;. , Thamasi was next placed at the' bar, on la.Qli'argp of. .haying.; administered, noxious .drugs.^Q.onie . (deceased), with intent to iproqure abortion. : ..;-/ -■„. '■!■ Mr, Duncan ■ prosecuted on the part . of ,the Crown;} artdMr Wynn Williams appeared for the defence.' i ■■ ..■■.■<■•'■■<■■■■■ .■;.:'. Mr John Caygill: was chosen foreman of tha jury: '■•/»>■'• "';<••• • ■■■ ■ ■ ;/'^ : "-■ ■- : ■*-, 'i 1 All young persons and females were ordered' to leave the Cbtirt.' ' ' ; ;'J. ,',' V;";.'. ' U '"^"!'. ; "' '. ' |lllea : Drummond : I iiras living' in Christ church in December last. I, was at the, house next to that in which the prisoner lived. On the Saturday, I believe, after Christinas. l was in that .house. I heard Maria Hackett. moan-r ing during the whole of the Saturday. I left Mrs Wood's bouse at nine o'clock at night, and went in to see Maria Haukett. The prisoner was in : the parlour. I asked him if he had had medical advice. He said he had been to Dr Fratikish. I went upstairs and saw Maria Hackett. I thought,' from the state she appeared to be in, that she was dying. The prisoner was not present. She was vomiting the whole. time I was there. . The matter she vomited was very dark. I waited until the doctor came, but before he came, I went down stairs to see Mr Yates. He was outside the house. I told him that he had better go for the doctor again, as she was in a dangerous state, and if anything happened he w.ould get into trouble through it. Yates went directly for Dr Prankish, who returned directly with him. I went upstairs into her room with the doctor. I said , I would fjtay all night. She . said I need not stay, that I could come again in the. morning. I said I would not leave her as she was in a dangerous state; Dr Frankish told me there was no hope, as she was too far gone. I went away and returned in hiilf-an-hour. She was then dead. ,1 was present next day when Constable Jeffery took possession of the bedding. The sheet taken from under deceased was stained, and appeared to be of a greenish colour. '■■•■.,. Cross-examined by Mr Williams : I was present when Dr Frankish saw the deceased. Dr Frankish told her to tell him particularly what was the matter withher. He sounded her chest ; he didn't ask her if she was pregnant. !>he died about an hour, I believe, after the doctor first saw her. Mrs Wood asked me tog o in to the deceased. I did not see the prisoner at Mrs Wood's door prior to my 'leaving. I did not. speak to the prisoner before that evening in Christchurch. I have been here for two years. Rose Amelia Wood: I knew the deceased. She had been living in Yates' house for about 15 months, as housekeeper. On the Monday previous to her death, I went in to see her, hearing that she was ill. She was in bed, undressed. I did not see Yates. (>n Tuesday, deceased was still in bed. I did not set Yates while I was in the house on . that day I tiid not see Maria Hackett afterwards. The witness was not cross examined. ■ Charles Mottley: lam a surgeon, residing. in Lyttelton, and a duly qualified medioHl. practitioner. I have seen the prisoner, -He Cisme to me, in Lyttelton, on December 10 last.

He asked me if I could recommend anything' for a woman suffering from whites. He said she suffered from violent headaches anil irregularities. . I gave him a prescription The document I hold in my hand contains patts of my prescription. [Handed in.] It is in my handwriting. He returned about the 24th. He came in a great hurry, and said that she had a great discbarge of blood and violent pains. I gave him another prescription, and told him that he had better call in ia Christchurch doctor. I didn't see him again until the inquest. He did not inform me that she was pregnant. ■ Cross-examined by Mr Williams : The first prescription is for compound rhubarb, pills and calomel. The prisoner did not tell me that the , woman was pregnant. If he I had, I would not have given the pills, unless her bowels were confined. If she could not take castor oil, which would have been best for her in that case, I would not have hesitated to give her a couple' of the pills which I prescribed, even if she had been pregnant for five or six weeks. That has been generally my opinion. I said at the inquest that if I had known she was pregnant, I would not have given her those pills. The two pills were composed of "7 grains of compound rhubarb and 3 grains of calomel, and were to be taken at bed-time. Two pills were to be taken at bed-time each night for a ; x nights, making twelve pills in all. Eighteen grains of calomel taken in that space of time might possibly procure abortion, but not probably. Eighteen grains of calomel on a female five or six weeks gone in pregnancy might salivate her, but would not have an iriI jurious effect on her. The medicine I gave in this case might possibly have procured abortion, but it is not probable it would. - By the Court: I supposed that the female' was the wife of Yates, the prisoner. I did not ask him if she was pregnant. I don't think a pregnant woman would have had all ! the symptoms which the prisoner detailed to me. If pregnant, she would not have been suffering from whites. That is the rea'sofa why I didn't ask the prisoner if she. was pregnant. I have never been asked to-pre-scribe for a female patiertt without seeing her in the 'whole course of my practice until' upon this- occasion. When I* am"* aske'flto prescribe for an adult female patient, I .^certain; generally,' if she is pregnariVbefore I prescribe for her.- My object'in doiiig' so (is, because the prescription tnight be different, if she were pregnant, to what it would *be if she were not; IVfy able reason for ndi making the inquiry of : the" prisoner ■•wis^bt^ 1 cause he told me she- was; suffering -from whites and raorithly-'-irregUlaritieg'. 'Tr""w&s f completely throwh off ftiy"guard •byjth.6 ; state-. ments of the prisoner;/' I •■■■ ■"' (iJ -;•■■-•: ! " Austin Fussed: I ani a'ichenifsE"ahd r 'd'ri'ig-' gistj'and manage the business for Mr'jGFou l/): '„ ,1 s^w the prisoner iri'6ur 'shop' on one oceifv "slop- about tea -days^dr'a fortnight 'pWviouV to the inquest brithe'brfdy 'of Maria HActetlf.He ordered a shiliifig's •' worth" of- ''sfe^l dtOps: '• ; After'i»utt'ing up, lie' "said* hY wofcild- take'landther' shilling's' worth, afia" 1 gave him the .^anie^quantity. Whilst putting up) the second flh|!ling'« worth, I asked him if he knew the use, and, dose; of :ifc.' He feplied " HjTo," and asked me.w.hat/would beitbe* dose. lBaid"l8 it for female' use,?," v He. replied "Yes." I then told him^to 'administer ten drops in a wine glassful .of water) three, times a^day, and if that was not sufficient, after a few days to increase it to fifteen drops: The |w> shilling's worth weighed two-.- -ounces. Tfle prisoner took thfim,iAway, : -I iput a printed label on the.. bottle, marked- "steel drops." Prisoner did not return to;opr shop to by knowledge. ' !Thera are .480, drops ip one ouqce. , „ „ '„.'> „': /'; ■■-.*' ■■:'- ■•■<•!

After further evidence, &c, the prisoner was found ''. Guilty,", and sentenced to two years' imprisonment at hard labour.-: