SUPREME COURT.

Star (Christchurch), Issue 4505, 2 October 1882, Page 3

SUPREME COURT.

CRIMINAL SESSIONS. This Day. (Before His Honor Mr Justice Johnston.) The criminal sittings of the Supreme Court opened this morning at 11 o'clock. Mr Duncan, with him Mr J, 0. Martin, appeared for the CroWn. Before the regular proceedings of the Court began, Mr Duncan, on behalf of the Law Society aud the members of the profession, took that opportunity of congratulating his Honor on his return to OhriatcLurch. It had been with oztreme regret that they had beoomo aware of tho necessity for hie Honor's leaving. He (Mr Duncan) would express, tho profe»sion's wieh that his Honor might long continue in good health, and their trust that he might be spared for many years to perform his duty -not only here, but in the higher Court at Wellington. His Honor would not be doing justice to his own feelings were he to fail to express in emphatic terms his appreciation of the hindness and courtesy shown to him by the profession on his return to the discharge of his duties. He had fallen into a state of impaired health, but he was happy to say that, so far as he could judge, tho vacation ho had been allowed to take had substantially benefited his health. Judges, from the position they were placed in, could neither expect nor desire expressions of feeling, but he could not but bo pleased with the display of sympathy made on this occasion. It waß a source cf great satisfaction for him to know that in the discharge of his duties he had won the good feeling of the profession. GBAND JUBY. The following were sworn in as the Grand Jury : — Mr J. Hurse (Foreman), Messrs itobert M'Farlano, J. H. Rattray, Cirl Hansen, 0. D. Oroasley, H. Sawtell, J. Bhand, J. Booth, T. F. Peel, A. 0. Wilson, T. Care, J. S. Monok, J. Webster, A. Appleby, J. T. Gorle, W. Smart, A. J. Battray, E. Wicks, H. J. Wood, B. Pavitt, and B, P. Bain. HIS HONOB'S CHABOB. His Honor, in charging the Grand Jury, said he was very glad, on his return to the Colony, to find that the calendar which awaited their consideration was so limited in extent, there being only eight prisoners committed for trial. There was nothing in the cases to induce him to believe in the existence of any wide-spread criminal conduct in the community, nor did it afford any freßh symptoms of what he had so frequently deprecated, the formation of a criminal class. His Honor then went into an analysis of the cases on the c&lendar. FO3GBBT AKD TTTTBBTHG. Alexander Clark was indicted for forging and uttering a cheque on the Bank of New Zoaland, Aehbuvton, for £3. He pleaded " Not Guilty." Mr Duncan conducted the prosecutioa, Tho prieoner was undefended. The evidence was as follows : — Patrick O'Leary, barman of the Hindhope Hotel, tho Hinds : Prisoner on July 5 gave witness n cheque for £3, drawn by I. Osborn on the Bank of New Zealand, Ashburton. It was to pay a debt of 21s. Gave £1 19 a ohange. Asked if it was Oaborn, of Walker and Osborn. Prisonor said it wai Osborn's, and that Walker had loft Osborn. Payment for the cheque was refused at the Bank. Cross-examined : I cashed tho cheque for you. Isaac Osborn, farmer and contractor, at the Hiuds : The cheque produced was not in his handwriting. Had no account; at any bank. Knew of no other I. Osborn about Ashburton. Hud worked with a man namciil Walker, but the partnership had ceased thirteen months ago. The witness wa* not croso-examincd. Archibald M'Cormick produced his chequebook, from which ho missed a cheque in the middle of July. The number waß 24132, and the cheque produced fitted tho counterfoil. The wi ness was not cross-examined. William Hutchinson, clerk of tho Bank of New Zealand at Ashburton, proved tho presentation of the cheque. There was no account in that name. Coiißtablo Robert Noil, of Ashburton : Had arrested the prisoner on tho present charge. In reply to the oharge, prisoner said he had changed tho cheque for a man on tho Monday fortnight p-evious. The man had said his name was Shepherd, and ho had been working for Osborn. Isaac Osborn (re called by his Honor) : Had a nun nurncd Shepherd working for him. Dici not f>ivo Irihoplierd a cheque. Joseph Shepherd, labourer : Hud boen in the omployment of I. Osborn from January to July. Had not seen prisoner sinco April lant. 7.'his was the case for the Crown. Prisoner called no witnesses, but made a statement to the oamo effect as that he had made to the arresting constable, wi-h this exception, that ho did not give the name of tho man ho had received tho cheque from. He had endorsed the chequo " John Clark." His Honor summed up. Tho foreman of lha jury asked if tho writing of tho cheque was the same as that of the endoraemrnt. Hie Honor directed that Ihe j» ir y should inspect tho document for thomselvrs. Ho ulso re;ri tho evidenoo over to tha jury. Tho jury retirod, and after an absence of half au hour, brought in a verdict of "Guilty." Superintendent Broham gavo prisoner the character of a "loafer." Hie Honor sentenced tho prisoner to impriponmenfc with hard labour for two years. KMBKZZLVMKNT. Frank Krnry Willhuib was indicted for embezzling £18 16s lOd on March 24, £23 9a on April 14, unci £',i lfis 103, ho being in tha employment of Her Majesty. He jilta-led " Guilty." Mr Joynt appeared for the Crown. Ttio prisoner wna further indiol.ed for embezzling £7 If 3d on April 21, £7 6a lOdou April 28, £10 12* lOd on M*y 15. Mr Joynt p»id ho did not intend to load ovidence on this indictment. Th* prisoner pleaded " JSofc Guilty." A jury was prnpanelletl, and it formal verdict ot " Not Guilty " wbo returned. Mr Joynt ock;d that sontonco might bo deterred for a few minutox. Tim Honor said ho would. Mr Joynt then said that thoso ho expected were now in Court. Frederick Sack, Traffic Manager for the Christchurch district: Prisoner was a olerk in t^o vi\ilw'jy sinco 1877. During nearly tho whole t.inm Ims had b«vn in a position of trust. Up to the time of tho commission of thceo offences prisoner had borne a very good charactor, and was a favourito both with tho public and with the department. His namo was down for promotion to a higher grndo on account of good conduct. Witness had no reason tn believo that any dof»U'ationft hud been made by prisoner prior to those. They could not without being discovered. The extent, of the pretunt embezzlements was fthou £200, and prisoner's caUry was £110 a year. He look tho money for carriage of goods, nnd had to account for the money every afternoon. Could not say what arrount would go through prisoner* hands v day, but probably during tho year £30,000 or £-10,000 wont through his ltsnds. ifmbezzlemont wus almost, unheard lof in the Department under iritnr sb' charge. , Omcb did occur in other placet.

In reply to his Honor, Mr Joynt said he represented the Public Works Department. Ho wbb not instructed to press for an extreme penalty. Prisoner, in reply to his Honor, said he had got into monetary difficulties. Expecting money from England, he had taken these moneys, fully intending to return them. He had been disappointed. He knew that ho had done wrong. , In reply to his Honor, Mr Back eaid he know of only one case in which a very heavy sentence had been passed on a public servant for embezzlement, and that was in the case of a gold receiver on the West Coaet. He (Mr Back) could now state that the amount passing through prisoner's i hands was from £12,000 to £15,000 a year. { Mr Duncan quoted a csbo in which a sentence of 12 months imprisonment had beon passed. His Honor pointed out to the prisoner the seriousness of his offence. Anxious as he was to temper justice with mercy, and willing as he was to believa that up to a certain I period prisoner had kept to a path of rectitude, he felt tho necessity of being somewhat stern. The sentence would be imprisonment with hard labour for twelve calendar months. j LABCENY FI2OM THB FEBSON. William Herbert. Harding was indicted for violently assaulting one John Ccnnell, and robbing him of £11. He pleaded " Guilty " of larceny from tho person, without violence. Mr Duncan accepted tho plea. Superintendent Broham said the police gave prisoner a, bad character. Prisoner had been previously convicted of larceny. His Honor sentenced him to two years' imprisonment, with hard labour. ABSOy. William Avenell was indicted for having on August 13 sot Sre to a dwelling-house in Graham's road, Ashburton. He ploadod "Not Guilty." Mr Duncan conducted the prosecution. Mr Joynt appeared for the defence, nnd at bis request all witnesses were ordered out of Court. '}. he following evidence was given : — Charles, Oompton Fooks, surveyor at Ashburton, proved the accuracy of plans produced. Julia Wood, wife of Barton Wood : Was best known as Mrs Burn. Lived in Graham's road, outside Tinwald. Her house was of sods, and thatched. There were three rooms down stairs, and a loft. Slept in the middle room downstairs. There were five children in the house on August 13. They were in the lower room. Saw prisonor several timeß that day. Had words with him about a cow. Had no fire in tho place after 4 o'clock. It was in the kitchen, and burned itsolf quite out by four o'clock. Went to bed about 9 o'clock. Two children, one 5y years and tha other turned 12, slept with •witness. Was awakened by one of the children in the next room crying, about 10 o'clock. Struck a light and entered the room. The ohild seemed to be choking with smoke, with which tho room was filled. Dragged all the children out through the kitchen door. Saw that the straw of the roof was on fire. The neir hbours had come up, and by twelve o'clock the fire was extinguished. The straw at the bottom of the thatch was burned. The walls were rod hot, but the timber was not touched. It was a nice calm starlight night. Cross-examined : Prisoner has been living there about two years. I don't know much about him. My eldest boy has sometimes worked for him. I have never beon on friendly terms with him. He was a man that a lone woman oould not be friends with. My husband has been away from me four years. Byrne waß my name when I was a widow. Prisoner has made several immodest proposals to me. I have spoken to him as a a neighbour, but I really did not want to have him coming about the place. I thought he was not a decent, respectable man. I did not likq to Bay in the lower Court why I did not approve of his ways. I could not say when he last asked me to live with him. I think the man is not quite right m h;s m«rals. He would not take offence. He never spent an evening in my place. I allowed him to put tho cow into my paddock. It remained six wooks. She was a dry beaßt. I aaked hin Beveral times to take the cow away. I never said anything to him about paying for her. I thought it would be time enough to send in my bill when she was taken away. He said that if he brought some straw, the cow might be quiet. I understood he waß going to Small's about the oow. I could not say whether it was freezing hard when I went out that night. I>, was very cold before I went to bed. We were out all tho evening, trying to keep the cow out of the neighbour's wheat paddock. To his Honor : My husband has deserted me. The children are my first husband's. John By mo, son of tho last witaeas : Was 8 years and 10 months old. [Left sitting.]