SUPREME COURT.

Star (Christchurch), Issue 4575, 21 February 1893, Page 3

SUPREME COURT.

Criminal Sittings. | (Before Hia Honor Mr Justice Denniaton.) The .quarterly criminal session of the Supreme Court opened yesterday at eleven o'clock. ALLEGED SHEEP-STEALINGf. Samuel Thompson pleaded "Not guilty " to a charge of killing one sheep, the property of Richard May Morten, on Jan. 28, -with intent to steal a portion of it. Mr Eippenberger appeared for the prisoner. Mr Kipjpenberger opened the case for the defence, and called Jane Bryenton, wife of George Bryenton, a butcher in Manchester street. "Witness helped her husband in the shop. Knew the prisoner as a customer who had bought meat last Thursday, and again about three weeks previously. He then bought a aide of cross-bred mutton weighing 28£lb. Remembered the circumstance because prisoner had complained of the half-pound being charged for, and because it was near the end of the month, and she was posting her books when he came in. To Mr Martini—She remembered the •Bale of the meat on the 26th between six and seven at night, because it was on a Thursday, and they had been keeping the half-holiday. Prisoner had frequently bought meat from witness. The prisoner, being sworn, said he had lived at Corsair Bay about two years. He had not been out shooting on thafcThurßday. He was in Chriatchurch on Jan. 26, and bought half a sheep from Bryenton'B, which he paid cash for. He often bought meat there, because they sold it cheaper. He frequently went out. with a gun to shoot the birds that were destroying his oats. The boy might have seen him shooting in the oats on the Friday evening. The gun had been kept in the ahed out of the way of the children. The shed was generally open. It was the shed from which the child saw him bring the mutton on the Friday morning. One barrel — the loft one— he did not use because it was nob in proper order. To Mr Martin : He had been working on the railway at Lyttelton for some time.

i He went to work there during the strike. , From 8 a.m. to 5 p.m. was the usual time to work, but sometimes they bad to work i overtime. Did not recollect whether he was | working overtime during the last week in January. On Saturday, Jan. 28, he had ' his breakfast about 6.30 or 6.45 a.m. The ; oats were in a paddock below the road. j The fare to Christchurch and back was Is ! 2d. Mrs Bryenton was very much cheaper with her meat than the butchers were in Lyttelton. On the Friday evening he had ' taken the gun down to the stockyard • when he fetched the cows in. The re- • mark made by the boy about seeing '■■ smoke rise was a childish remark that he had not taken any notice of at the time. I Mr Eippenberger addressed the jury for the defence. : His Honor summed up, and the jury retired shortly after five o'clock. ; At 6.25 p.m, his Honor sent for the jury, and asked the Foreman if there was any : probability of their agreeing. I Mr W. Jameson, the Foreman, said that . there was not much possibility for some ' time. j His Honor said that under the circumstances he would adjourn the Court till 7.15 p.m., when, if they were still unable to agree on a verdict, he would give them any information they might require ; aud if they could not arrive at a decision they would have to be locked up for twelve hours. Sufficient refreshment would be provided them in that case. His Honor said he told them this not to intimidate them into bringing in a verdict,, but to show them what their duties were. i The Foreman said they would likehiß Honor to ask the girl Kate Perham a question. : Hib Honor acceded, and asked the girl what meat she had seen the prisoner bring to the house on Friday, Jan. 27. The witness said prisoner brought with him a leg and loin of mutton. She knew the parts of a sheep well, and had never t said that he brought two legs. She was [ positive he had only one leg of mutton, j not two legs or one leg and a part of another. The jury then retired, and the Court adjourned to 7.15 p.m., when the jury returned into court and brought in a verdict of " Not guilty." The Court then adjourned till 10 a.m. to-day.

THIS DAY. The criminal sessions were resumed at ten o'clock this morning. LARCENY FBOM THE PEBSON. Michael Corcoran and John Howard pleaded "Not guilty" to a charge of stealing £3 aud a purse from the person of Joseph Cullen, on Jan. 11. 1893. Mr Donnelly appeared for the prisoners. Mr Martin opened the case for the prosecution, and called Joseph Cullen, George Vincent, Mary O'Neill, William Main, Detective Neill and Chief Detective O'Connor. He did not address the Jury. Mr Donnelly addressed the Jury, but called no evidence. His Honor summed up. The Jury retired, and after an absence of three-quarters of an hour returned with a verdict of "Guilty" against both prisoners, who were subsequently sentenced to three years' imprisonment with hard labour. ALLEGED EMBEZZLEMENT. George Sayce Hickman pleaded "Not guilty" to a charge of embezzling the sum of £2 7s, the property of the inhabitants of the Avon Road Board district, while he was acting in the capacity of Clerk to the Road Board of that district. Mr Stringer appeared for the accused, who pleaded "Not guilty." Mr Martin opened for the Crown, stating that the offence in this case was very clear, and that it would not take long to explain. The matter arose out of a grant made by the Board for the destruction of small birds. The money had been given to three of the members of the Board to expend. Mr & H. Walter, formerly a member of the Board, had spent only 3s of the money, and having ceased to be a member, on March 28, 1892, returned the sum of £2 la to Hickman, who had not since then accounted for it, nor had the Board been able to recover the amount. Proceedings had been taken which had resulted in the accused being committed for trial. Mr Martin called Charles Burgesß (Chairman of the Board), C." H.Walter. At the close of Mr Walter's evidence Mr Stringer said he did not propose to address the Jury, and in reply to his Honor the Foreman said that the Jury had made up their minds on the case. They would return a verdict of "Not guilty." The accused was discharged. This closed the sesßion.

rPBB Pbisb Association.] NAPIER, Feb. 21. The Chief Justice, addressing the Grand Jury, referred to the unusual number of cases — sixteen. The charges were of a kind he would not expect in a well-to-do community. He attributed them to drink. GISBORNE, Feb. 21. At the Supreme Court Mr Justice Conolly remarked that the Grand Jury had made a presentment laßt year upon the improper accommodation provided fox them, and, though this had been endorsed by him, no notice has been taken of it. He animadverted strongly on the conditions under which the work of the Supreme Court had to be carried out in Gisborne. Later on in the day the Common Jury said they could not any longer stand the heat of thesmallroomin which they were cooped up, and the Judge allowed them to go into a back yard ; but one of their number was taken so, ill that the Jury had to be discharged, and a fresh one was empanelled. WELLINGTON, Feb. 20. The criminal calendar contains thirteen cases against ten prisoners, the charge of the attempted murder of J. L. Eirkbride against Albert Thomas being the moat serious. DUNEDIN, Feb. 21. There are ten cases for trial at the criminal session ; the only serious one is that of Fogarty, who is charged with manslaughter at Dunedin.