CRIMINAL SITTINGS.

Star (Christchurch), Issue 715, 7 September 1870, Page 2

CRIMINAL SITTINGS.

Tt/esdat, Sept. 6. •- (Before Mr Justice Gresson, and Common' Juries.) LARCKNT. The following is the conclusion of the case against John Whincop: — Dr Foster addressed the jury for the defence. Mr Dunoan having replied, His Honor summed up, and the jury, after a few minutes' absence, returned into Court with a verdict of " Guilty." Dr Foster, under the 69th section of the Act, asked his Honor to reserve the following, points for the opinion of the Court of Appral — Ist. Whether the prisoner can be convicted, in the absence of evidence that he had any of; the articles in his possession separate from' tbe wife. 2nd. Whether the prisoner can be convicted of larceny of other articles tban tbe watch and chain in tbe absence of evidence that he had them in his personal possession separate from the wife ? 3rd. Whether the' temporary possession by the prisoner of a watch and chain of the wife's, afterwards returned to her. and disposed of by her, it not appearing what had become of the proceeds, can justify conviction. His Honor declined to accede to Dr Foster's request, and sentenced tbe prisoner to 18 calendar months' imprisonment at bard labour. The Court then adjourned uutil 10 a.ir. this day. This Dat. His Honor took his seat in Court precisely at ten o'clock. FORGERT AND UTTEBING. James Bush, alias Eldridge, was indicted for forging and uttering a cheque on the Union Bank of Australia for the payment of £7 14s, on the 27 th May last. Prisoner pleaded " Guilty," and gave a similar plea to a charge of having been previously convicted of two felonies, at ChrisN church, on the Ist June, 1865. He hoped his Honor would take into consideration the length of time he had been iv prison awaiting trial. His Honor: I must also take into consi! deration that you have been twice convicted in this Court. The sentence of the Court is, that you be kept in penal servitude for four years, computed from the Ist Sept. instant. PBEJORY. Matthew Mawha was placed at the bar on a charge of having committed wilful and corrupt perjury at the Resident Magistrate's Court, Kaiapoi, on the 21st June last. Prisoner pleaded * Not Guilty." Mr Duncan prosecuted on the part of the Crown, and Mr Wynn Williams appeared for the defence. Mr Henry Leake was chosen foreman of the jury. Mr Duncan having briefly stated the case for the Crown, the following evidence was ,given: — G. L. Mellish: I am a Justice of the Peace for the colony of New Zealand. I know the prisoner. About the 15 th of June last, he appeared before me. He swore an information before me (produced) against Thos. Topping, for shooting a dog belonging to him. The information was heard before me. Topping was present. Mawha was there as a witness. He was sworn in my presence, on the Bible; I can't swear by whom [states the form of the oath] . I took the notes of the evident j produced. Mawha states — " On June 12th, at about 1 a.m., I we? wakened by the dog barking. I got up and went to the door; I had it unbolted to go out, when I heard a shot. I opened it immediately. I saw smoke floating about the boundary fence, towards the house. I rushed towards it, and saw Thomas Topping, half walking and running away from the direction of the house, across Thompson's paddock. I called out, "Topping, you wretch ! you have shot my dog." I saw a gun in bis band. He was about on: - and-a-balf chains off. He crouched down when I mentioned his name. He had on a - black coat and bat, and trousers of a light colour. The dog was killed. Part of the shots went into the wall of the house. I bad had a disagreement previously with, the prisoner. He informed against me hut year for, not having registered my dog last year. I sent a message to him by his man last Friday. I am perfectly positive as to the identity of the prisoner with the man T saw with the gun. The night was very bright; there was a bright moon. lam positive about the time of the morning— l.ls a.m. My house is about 17 chains from the road. Topping does not always go by the real; he sometimes crosses the paddock. Thompson's house is about 18 . yards from the fence. The land is not ploughed. I did not go offi my own land whenl sawtheman who was running across the paddock. I could see the side of the man's face. He did not run until I mentioned his name. The dog was killed ; the shot was small. .1 I saw Topping in the morning about 8 a.m. I was not at Topping's fence during tbe day. I knew the man who killed Topps' dog." Ihe result of the trial was that Topping was convicted of shooting the dog, and fined. (Conviction produced). McWha'a swearing

that he ssw Topping, and that he had a gun in bis hand, waa material to qftesiiOn their pending. • , - <By Mr Williams : Mrs McWhawas called as a witness. I have notes of her evidence. Michael Quinn : lama constable stationed at Kaiapoi. I remember the 21st of June last. I was present in tbe Court at Kaiapoi vrhere Mr Mellish was presiding. A charge was preferred against Thomas Topping for shooting a dog belonging the prisoner. Mawha was examined as a witness. He was sworn bfxne on the Bible, in the usual form. Thomas Topping : I am a farmer, living at Ashley. I have a section of land adjoining the prisoner's. His house is about 13 chains from mine. I remember the Uth June last. I was at Saltwater Creek, at Cameron's Hotel; on that day. I left Cameron's at 11 o'clock at night. Others left at the same time. I got home about 12 o'clock. I went' into Welsh's whare on my way home. Welsh was there. I had some grog with me, and I shared it with him in the. whare. I .remained at Welsh's about from five to ten minutes, and then Welsh came with me to my house. My wife got up and unlocked the door, aud we both went in. Welsh pulled off my boots, and I went to bed. I believe it was then a few minutes after twelve. I did not get up until between eight or nine o'clock on the morning of the 12th. I had no gun in my possession when I was going home from Saltwater Creek. I hadaguninmy house that. night ; it was loaded with powder and "shot. I didn't discharge it that night. <- It stjod in the corner of my bedroom, just inside the door. I didn't examine the gun until after I was arrested on this charge.' When I Baw it, both barrels were loaded, and it was very rusty. I had not to pass Mawha's house on going home, and I did not do so that night. I did not h^ar a gun discharged near my house on the night of the Uth, or morning of the 12th June. I did not shoot Mawha's dog on either the night of the llth or morning of the 12th June. I was not present when it was killed. I know Thompson's paddock. I was not nearer to Mawha's house that night than on tbe road, or at my house. I first knew of Mawha's dog being shot on the following Welnesday (the 15th), when I was arrested in Kaiapoi. Mawha and I never had an angry word with each other. By Mr Williams : I am quite sure that my wife unlocked the door. I was tbe worse for iiquor, but I could walk. I didn't see my wife; she just opened tbe door, and slipped into the bedroom. It was only three days previous to the dog being shot that I cleaned the gun myself. Welsh had slept in my kitchen on other occasions. I don't know tbat he did not sleep there that night. On the third day after the bearing at Kaiapoi I first heard from Welsh that he had shot the dog. I was absent from home on the llth June from 10 a.m. until I went home at night. Sarah Topping : I am wife of Thomas Topping. I remember Saturday, the llth of June last; I was in my own house that night. My husband was absent in the early part of the night, lie came home about 12 o'clock or a little after. I didn't see any person with him, but I heard Welsh speak to him. I opened the door for them. I saw my husband came in. He bad no gun witb bim. He waa between 5 and 10 minutes in the .house before he went to bed. He did not get up until next morning between eight and nine o'clock. I did not hear the report of a gun that night. lam hard of hearing. My husband had a gun in the house. It stood in the bedroom, just inside the door. The door of the bedroom was half open, and any person standing in the kitchen could have taken it out. By Mr Williams : I don't remember Baying anything to my husband wben I opened the door. I could see that he was the worse for liquor. I did not stop to shut the door after bim, but went straight back to bed. I heard Welsh's voice. Next morning I saw Welsh load the gun. I noticed a soda-water tjttle oh my dressing table next morning. My husband wore a dark hat, a dark coat, and volunteer grey trousers. John Welsh was the next witness called. He was iv custody on a charge of perjury, but Mr Duncan entered a nolle prosequi, aud he was thereupon released after tbe usual proclamation. He deposed :— • In the 'month of June last, I was living on Thomas Topping's farm. I remember i t;e night of Saturday, the llth June. About ' midnight Topping came to my whare, and remained about ten minutes. He was the worse for drink. I went with him down to the door of his own dwelling. I saw bim into his bouse. I went in with him. I put bim on a form, and was taking off his boots, when he fell on the floor. He had a soda water bottle in bis hand, and it also fell oh the floor. I took off his coat, and then raised him up, and put him as far as his bedroom door. He went into the bedroom. Mrs Topping told me, that as he bad-disturbed me, to get some blankets on a loft at the left of the stairs, and to make a shake-down on the sofa for myself. I Jay down on the sofa. I was not quite an hour lying down, when thiß dog of Mawha's was « kicking «p" an unearthly yowl, and I couldn't sheep on account of the noise. I got up, arid got Topping's gun, which was loaded in both barreJs. I went towards Mawha's house in a' circle until I came to -the swamp. I came within about eight yards of Mawha's fence. The dog knocked off crying, and began to bark on seeing me. I presented tbe gun and fired at him. I was then about 20 yards away. I saw the dog fall. I stood for about a minute, and returned back through the swamp. I didn't see the dog move any more. I looked cautiously behind me as J went back, but saw nobody. Mawha never made his appearance that I could see. I went through the swamp in a circle towards Mr Topping's house. I fell in the swamp, and the gun went into tbe water. I returned to Mr Topping's house, and left the gun where I got it, I didn't see Mawha at all. Mrs Topping saw nic load ths gun next nur^ii g.

I By Mr Williams : I led Topping by the inn from my whare to his house. He knocked ; Mrs Topping opened the door, and returned tobed immediately. It was after I assisted Topping towards his bed that Mrs Topping told me to get the blankets. I had seen the gun in the bedroom before ; it was the place where it was kept. When I first gave evidence in this case, I swore that I heard a shot fired. I also swore positively that Topping was in bed at the time. The shot I heard fired was the shot that I fired myself. (Laughter.) I did not tell the magistrate that I fired the shot that killed the dog because I didn't want to criminate myself,- -I- was not at Saltwater Creek on the llth June. By a Juror : I didn't hear anyone speak after I shot the dog. By his Honor: I had only two "nips" that night. That wouldn't make anybody drunk. (Laughter.) Joseph Coatmen was also examined. His evidence was confined to the nature of the locality. This was the case for tbe Crown. George Beatty, p >lice sergeant, stationed at Leithfleld, was called to contradidt a portion of Welsh's evidence. Speaking of the prisoner, witness said he had known him for 2J years, and his general character in the neighbobd was very good. Hugh McLean, barman at Cameron's, Saltwater Creek, deposed tbat Topping bad on-corduroy-troussrs, not volunteer trousers, when he was at the Creek on th llth June, Had known Mawha for seven years. His character, so far as witness knew, was very good. By Mr Duncan: Topping, I believe, was at Saltwater Creek on that day, for the purpose of voting. I knew that he was a volunteer. The volunteers were to'have assembled at the Creek that day, but I don't think they did. Sergt. Beatty was recalled by Mr Duncan, and stated" that the trousers Topping wore on the llth were the same colour as volunteer trousers. Saw bim several times during tbe.day, but he had no rifle on any occasion. [Left Sitting.]