THIS DAY.

Star (Christchurch), Issue 6786, 25 February 1890, Page 2

THIS DAY.

(Before His Honor Mr Justice Denniston.) The criminal sittings of the Supreme Court were resumed at 10.30 a.m. to-day. Mr J. C. Martin appeared to represent the Crown. o'beien's case. John O'Brien, who pleaded "Guilty" to a charge of larceny on the previous day, was brought up for sentence. Mr Cresswell appeared for the prisoner. Hia Honor said that there seemed to be a general, but erroneous, impression about the First Offenders Probation Act — that it gave persons somewhat the privilege formerly possessed by a public schoolboy, of being let oil when Gent up the first time for a Hogging. The real object evidently was to aford another chance to young persons who had been led by strong temptation into the commission of a crime not seriously pre--1 meditated. He was not disposed to take the same view of the case which had been presented to him. The act of the prisoner could not be said to have been unpremeditated, and, as had been said before, he had committed perjury ahout it in the Court below. While he (His Honor) would 1 not feel justified in adding a single hour to i a man's sentence on that account — the evil , should be dealt with in another manner — he felt bound to take it into consideration in | dealing with an application for probation. He would, however, give full effect to the evidence as to character, and would treat the offence as a first one. Prisoner would be sentenced to six months' imprisonment with hard labour. FALSE PRETENCES. 1 Catherine Hossack, a young woman, pleaded "Guilty" to three indictments charging her with having obtained, by ; false pretences, from Elizabeth Alexander the sums of 10s, £o, and <£1 on Jan. 14, , Jan. 21, and Feb. 10 respectively, Mr Martin said that there were no previous convictions agamsfc the accused. | His Honor sentenced her to six months' imprisonment with hard labour on each charge, the sentences to be concurrent. LAECKNY. Frederick Blyth pleaded " Not guilty " to a charge of stealing a number of articles of clothing, a gold chain and locket, other articles and £2 10s in money, the property i of William Butterfield, on Nov. 21, 18«9. Accused was undefended by counsel. Eichard Scarlett: In November last accused worked at his farm, and left without permission, and without drawing hi 3 wages, on Nov. 21. William Butterfield : Was employed by Mr Scarlett, and slept in a room next to the stable. On Nov. 21 ho went away, telling prisoner he would be away for a day or two. Next day returned, and missed two shirts, coat, vest, £2 10a in money, and other things. Had not left his room locked. The shirt produced was one of those he missed, but there were no initials or marks by which it could be recognised. Detective E. Neill : Accused was wearing the shirt produced when arrested, and said that he would plead guilty. Mr Martin put in the prisoner's statement made in tho E.M. Court, where be pleaded guilty to taking all the things mentioned except the gold chain and locket. The accused called no evidence, but addressed the Jury. His Honor summed up. The Jury, without retiring, found the prisoner " Guilty." The accused pleaded " Guilty" to a conviction for felony in April, 1889. Mr Martin said that the prisoner had been convicted of larceny in 18S8. His Honor passed a sentence of three years' penal servitude. BREAKING AND ENTERING. Benjamin Taggart pleaded " Not Guilty" to an indictment charging him with breaking and entering the dwellinghouse of Peter Enlund, at Lyttelton, and stealing therefrom the sum of £8 on Feb. 15, 1890. Mr Joyce appeared for the accused. Mr Martin called Peter Enlund : About 9 p.m. on Saturday, Feb. 15, found his back door unlocked, and missed .£8 from a pocket-book in a drawer. Had last seen the .£8 on Thursday, Feb. 13. Examined the back door, and found the bolt was shot ; it had evidently been forced with a crowbar which wa3 in the yard. Jane Draper : Lived next door to Mr Enlund. Shortly after 2 p.m. on Saturday, Feb. 15, she saw prisoner open Enlund'a back door. He walked round to the front, and ten or fifteen minutes later came down tho front steps, and came to witness' house. He was a hawker. To Mr Joyce : Prisoner knocked at the back door, opened it ajar, and then walked round to the front. Mary Enlund and Christina Pain gave corroborative evidence. His Honor asked Mr Martin if the other witnesses would prove any additional facts.Mr Martin replied that they would not. His Honor said that there was no case against the accused. Had he seen the depositions, he would have directed the Grand Jury to throw out the hill. He wonld direct the Jury, on the evidence, to return a verdict of not guilty. The Jury returned a verdict of not guilty, and the accused was discharged. This concluded the business of the sittings.