SUPREME COURT.

Star (Christchurch), Issue 9319, 20 August 1908, Page 3

SUPREME COURT.

♦ . CRIMINAL SITTINGS. Thursday, August 20. (Before his Honor Mr Justice Denniston.) The criminal session of tho Supreme Court was resumed at 10 a.m. Mr T. G. Russell, Acting Crown Prosecutor, conducted the cases for the Crown. ALLEGED THEFT FROM THE PERSON. David Courtney, for whom Mr Leathern appeared, pleaded not guilty to a charge of stealing from the person of Michael Ryan, on November 6, 1907, at Riccarton, a purse containing eeven sovereigns, one half-sovereign and a cheque for £1 Is. A jury of twelve was empanelled.Mr Russell, Acting Crown Prosecutor, conducted the case for the Crown, and called Michael Ryan, farmer, YaldhurSt, who said that ho went lo tho races at Riccarton on November 6 last. He had in his purse £6 in gold and a cheque for £1 Is from Mr G. Witty. Witness was collecting funds for a widow in Riccarton, ana the cheque was Mr Witty' s contribution. Witness was in the Riccarton Hotel at 6.30 p.m. on November 6, and had £7 10s in gold in his purse, and the cheque. He Kept the purse in his right-hand trousers pocket. Witness stopped in the bar-parlour of the hotel for about ten minutes, and misled his purse and its contents after coming out. Samuel Welsh, labourer, Oamaru, said he was in the Riccarton Hotel on the evening of November 6. He knew Courtney well, and had a drink- with him, Courtney paying with a cheqtie, which he handed to the licensee, R. Derrett. Robert Derrett, formerly licensee of the Riccarton Hotel, said that Oil November 6 last he received a cheque across the bar from a man whom he believed was th© accused. Welsh, whom he knew, was with the man. The cheque (produced) was for £1 Is, and signed hy G. Witty. It was endorsed by the man who tendered it with the name " D. Havey." This .concluded . the case for the Crown. 1 Mr Leathern eaid he would call' no evidence. Mr Leathern having addressed the jury his Honor 6ummed up. The jury, without leaving the box, returned a verdict of guilty. The accused was sentenced to three years' imprisonment, to run concurrently with a sentence for assault and robbery which he is at present serving. ALLEGED ASSAULT. Beatrice Toofee, for whom Mr Alpers appeared, was charged with assaulting Alexander M'Neil, at Christchurch, on May 30, and with causing the said Alexander M'Neil actual bodily harm. The accused. pleaded not guilty and a jury of twelve was empanelled. Mr Russell called Alexander M'Neil, railway employee, Darlield, who said lie saw the accused in a house in George Street, off Madras Street, at between 10 p.m. and 11 p.m. on the night of May 20. He paid her £1, and arranged to stay in her house that night. After he had been there for half an hour, - or less, she said he had Better get away, as she was expecting somebody elso. Witness objected to this, and asked for some of his money back. He then received -a blow on the head, the accused hitting him with some heavy object. He had no doubt as to the identity of the accused. After being hit on the head tho witness went outside and met a policeman, who took him to the Hospital. This happened on a Saturday night. On the Monday witness revisited the house with Sergeant Morgan and identified the accused as" tho woman wiio struck him. The accused said witness was drunk, and that he was drunk when he was there on the Saturday night. To Mr Alpers: He went to the "trots" on the Saturday afternoon. He had two ..drinks, there, and in the evening he visited one hotel. He might have visited move, but he was not certain. He could not say how many drinks he had. He mieht have had six or seven, but he could not/remember. He went to George Street in a cab. There was no verandah on accusecl's house. Th© front door opened on to a room. When he went round with Sergeant Morgan on the Monday he did not identify the house, but the accused. He told the police he thought the house was number eleven. When the blow was struck he was standing inside the front door. The police had not suggested to him that No. 11 was the house.- So soon eg he had seen the woman he knew her. The hoiise was painted a white colour, and the numbers on the door were black. Constable Regan stated that. M'Neil came to him in Manchester Street about 11 p.m. on the date mentioned. M'Neil was bleeding from a wound on his forehead. He spoke of the house he had been to and gave its number, 11. When witness examined the gate of accused's house he found bloodstains on it and on the gate-post. • Dr Shaw, assistant hoUse surgeon at the Christchurch Hospital, described the injuries from which M'Neil was suffering when brought to the institution. Sergeant -Morgan gave evidence regarding the identification of accused by M'Neil, and stated that accused had then said that M'Neil was drunk then and had not been sober when he got hit. This closed the case for the prosecution. Mr Alpers called Beatrice Toofee, the accused, who said she was twenty-four years of age, and Avas married. . She and her husband kept a small restaurant in Colombo Street, and lived in a, four-roomed cottage in George Street. The house had a verandah in front. On the night of May 30 she was at her husband's shop from 7.30 p.m. till nearly midnight. There were not so many customers as usual that night, as the weather was wot. A Mrs Pulley called at the shop at about 10 p.m. and spoke to her. Constable Regan called at her house on thfe following (Sunday) evening at about 11 o'clock. At 5 p.m. on Monday Sergeant Morgan called with M'Neil. M'Neil told Sergeant Morgan that he thought she was the woman who assaulted him, but he was not sure. Sergeant Morgan then took M'Neil through the house to the back door, and cam© back again. Then he said. "Well. Mac, is this the woman?" M'Neil thought a while and then said " Yes.'' Sergeant Morgan then tried to pull her out of the housfe 4 but she refused to go, and he went away and got a warrant j for her arrest. She ©aid that she had never seen M'Neil in her life, and aski eil M'Neil to stand away from her, as ; jhe was drunk. She added, "I expect you were drunk when you were hit. and that's why you don't know the nlace." Constable Regan told her on ] Sunday evening that was blood on the front gate. She had seen none, and took no notice of the remark. I To Mr Russell : Sergeant Morgan tol3 her she was charged witlv assaulting M'Neil as soon as he arrived. She. never i took the trouble to look at the front, i srate to see if there was blood on *it. ' She told both Sergeant Morgan and Constable Regan that she was at her husband's shoo on the Saturday night, i (Left sitting.) [Pkh Prkss Association-.! WELLINGTON, August 20.' i At tho Supremo Court to-day Jame.? ! Madder find Henry Mather were sentenced on a charge of breaking and entering. Madder, admitted having boon previously convicted at Gisborne, Wellington and Christchurch, was sentenced to three years' imprisonment and was declared to be an habitual cri- . ininal. Mather was sentenced to three years' imprisonment.