Supreme Couxrt.

Star (Christchurch), Issue 405, 1 September 1869, Page 2

Supreme Couxrt.

CRIMINAL SITTINGS. This Dat. (Before Mr Justice Gresson and Common Juries.) The September sittings of the Supreme Court were, opened at eleven o'clock this morning, when his Honor Mr Justice Gresson took his seat on the bench. The following gentlemen were sworn as the Grand JuaT. Messrs John Ollivier (foreman), E. H Minchin, S. Bealey, J. T. Brownell, W. D. Carruthers, J. C. Boys, R. Watton, F. A. Bishop, Walter Kennaway, F. W. Delamain, John luglis, T. S. Tanered, H. A. Scott, E. H. Ensor, and Josiah Birch. His Honor charged the jury as follows: — Mr Foreman and Gentlemen of the Grand Jort — It is unnecessary for me to trouble you with many obserrations on the cases in the calendar. They are more numerous than usual, but most of them belong to classes of crime which are of ordinary occurrence in this district, with which, therefore, your experience makes you familiar. There is a charge of endeavouring to conceal the birth of a child. This is, I believe, the first time that you have had occasion to inquire into a charge of tin's nature. It is founded on a statute which provides that "If any woman shall be delivered of a child, every person who shall by any secret disposition of the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, shall be guilty of a misdeami-anour, &c." You perceive from the language of the statute that you have only to be satisfied that the defendant was delivered of the child, that it was dead, and that she endeavdured to conceal the body in the manner stated in the indictment. Ic is immaterial whether the child died before, at, or after its birth. There is a case in which a bankrupt is charged with a misdemeanour under " The Bankruptcy Act, 1867," which provides (Section 302, sub-sec-tion 3) that any person adjudged bankrupt, shall be deemed guilty of a misdemeanour " if after adjudication, or within two months next before adjudication, with intent to defraud, he removes or conceals any part of his property to the value of £10 or upwards." Die indictment will adopt the language of the statute, and you will have no difficulty in determining whether the evidence establishes the charge to your satisfaction, judging of the fraudulent intent of the {bankrupt, as you must judge in all cases of intent from his acts. There ia a charge of conspiracy between two persons to cheat the creditors of this bankrupt by removing his goods. I may remind you, gentlemen, that a conspiracy is a crime which consists in two or more persons combining and agreeing- to do some illegal act, or to effect a legal purpose by illegal means. In cases of this nature the conspiracy is generally proved by circumstantial, rather than by direct evidence; but in this case the evidence of the bankrupt himself is direct as to the combination by the defendants, for the illegal purpose charged in jthe indictment. Gentlemen, I have now mentioned the oases in the calendar which, from their novelty appeared to deserve notice.^Wt only remains for me to offer you my hearty congratulationson the' prospect of your being so soon released from this most incommodious and uncomfortable building. It is not owing to any want of diligence on the part of the contractor, or of energy • on the part of the Provincial Government, that we are not sitting in the new Courthouse to-day. It might hare bean made ready for our reception, but that J thought it ine*>

pedient to incur risk from damp. I regret that the Court-house could not have been finished at once. At present it is not only very unsightly as to its external appearance, but the accommodation is also defective. There is one consolation, however, that you will not he too suddenly deprived of the privilege of grumbling which you have so long enjoyed, £j&d which is so dearly prized by Englishmen^ Gentlemen, if you will now retire to your room, the bills will be sent to you without delay. CONCEALMENT OF BIRTH. Annie Wilson, 21, was indicted for concealment of birth. The prisoner, who sobbed bitterly, pleaded " Guilty." tShe had nothing to say in mitigation of punishment. His Honor: Annie Wilson, I am very much grieved to see you in tlie position that you are placed in to-day. I have read the depositions connected with your case, and I see that you were iu respectable service, and from your appearance, so far as I know, I should suppose that your conduct hitherto has, with this one exception, been respectable. You are very young, and I am grieved to be obliged to sentence you to a place where you will necessarily be confined with persons many of whom, I dare say, are hardened in crime. But the offence that you have committed is a serious one in the eye of the law. You were very rash. in what you did; it might have led to your being placed in that dock on a charge of murder. I have no reason for a moment to suppose that you did murder your child. I may even suppose that you did not thiuk you were doing so very wrong an act as you have committed in concealing the birth of your child; but I cannot pass it over without a sentence that will mark my sense of the impropriety of the act you have done, although that sentence will be a very light one. This is the first time on which a case of this kind has been brought before me here, and I hope we shall not often have cases of a like description. I hope, also, that the sentence I am about to pass upon you will be a warning to others placed in your situation. The sentence of the Court is, that you be imprisoned for two calendar months, at hard labour. "*" FORGERT AND UTTERING. Adam Johnston, 21, was indicted for having forged and uttered a cheque on the Bank of New Zealand, for the sum of £1 9s 6d, on the 12th of June last. The prisoner pleaded "Guilty," and handed up a statement to his Honor, for his perusal. His Honor : If the statement that you have just handed up be true, you ought to withdraw your plea of guilty, and plead not guilty, because your meaning, as I understand it, is, that although you had this cheque in your hand, there was no fraudulent intent in banding it to the person to whom you gave it. 1 don't know whether you desire to withdraw your plea of guilty or not. Prisoner : I don't wish to withdraw it. His Honor : Then I cannot, in the face of that, after deliberately calling your attention to it, give full credit to the excuse that you hand up now. Of course lam sorry to see you in the position you are.but the crime you have committed is a very serious one indeed, and one which, I grieve to say, is of the most common kind in this country. Indeed, it is a crime for which you might have been kept in penal servitude for life, but I am not going to visit you with such a severe sen tenceas that. The sentence of the Court is, that you be imprisoned for two years at hard labour. HORSE STEALING. George A pes, half-caste, 17, was indicted for stealing a gelding, the property of George Taylor, on the 20th of July last. The prisoner pleaded "Guilty," and had nothing to say in mitigation of punishment. His Honor : George Apes, you have pleaded guilty to a charge of horse stealing. You have thereby admitted that you were liable to receive a very severe punishment. I might sentence . you to penal servitude for as much as fourteen years; but I will take into consideration your youth, and I hope that the fact of my passing so light a sentence will result in your resolving firmly in your mind to reform, and to come out of prison a wiser and better man than you go in. The sentence of the Court is, that you be imprisoned' for one year, at hard labour. SHEEP BTEAIANO. John Stacey, 26, was indicted for having Stolen a sheep, the property of John Cordy, in the month of April last. The prisoner pleaded " Not Guilty." . Mr John M'llroy was chosen foreman of the Jury. When Mr Duncan was about to state the case to the jury, the prisoner said he desired to make a statement. His Honor cautioned the prisoner against doing so, as he had already pleaded not g«ilty. The prisoner reiterated his desire to make a statement. He said that he had gone out to water the horses, and saw the dogs worrying the sheep in question; it was nearly dead, and be had killed it to put it but of pain ; he never moved it from the spot. .Of course he should have told Mr Cordy of what had occurred. His Honor said if prisoner had done so in all probability he would not have been standing in' the dock to-day, but. he would still hare been liable to a prosecution. The prisoner, by his statement, had convicted.himself, and he bad no option but to tell the jury to find a verdict of guilty, unless the prisoner desired to withdraw his statement. The prisoner said he did not wish to with-draw-'his statement. He 1 wished to. call Mr Cordy to speak as to character. John Cordy: I have known the •prisoner about three years. He has been in my emSloyment, and was a very bard-working inuatrious man. I cannot speak as to his honesty. I don't believe that he committed the crime for gain. Hugh Bennetts deposed that the prisoner had been in his employment for six months, and he found him to be a hard-working, bonest man. His Honor, upon the prisoner's confession,

directed the jury to find a verdict of " Guilty," wh : ch they did. The prisoner hoped his Honor would take into consideration the fact that he had been already three months in prison. His Honor said he would do so, and sentenced the prisoner to nine calendar months' imprisonment, with hard labour. FORGBRY AND OTTERING. James Meeban, 24, was indicted for having forged and uttered an order upon Richard Turnbull for the payment of £3 sa. The prisoner pleaded " Guilty." His Honor, taking into consideration the time during which the prisoner had already been in prison, sentenced him to eighteen calendar months' imprisonment, with hard labour. FORGERY AND UTTERING. Edward Nunn, 2S, pleaded " Guilty " to two charges of forgery and uttering — one, a cheque on the Bank of New Zealand, Christchurch, for £12 10s, and the other, a cheque for £8. Prisoner had nothing to urge in extenuation. His Honor sentenced Ihe prisoner to two years' imprisonment, with hard labour, in the first case, and on • year in the s cond — the latter sentence to take effect from the date of the expiration of the first.