SUPREME COURT.

Star (Christchurch), Issue 12082, 10 August 1917, Page 5

SUPREME COURT.

CRIMINAL SITTINGS. The criminal sittings of the Supreme Court were continued to-day before his Honor Mr Justice Denniston. THE CHLOROFORMING CASE. William Kinnaird and Robert Erwin Meaehlem, who were not represented by counsel, wore charged on various counts rhat, on July o, at Christchuroh, with intent to commit n crime, thc-y had caused* Andrew Rollo Guild and Enid Uuikl to be affected by chloroform. In reply io his Honor, before the jury was empanelled. Kinnaird said that beam! .Meachlem desirfd to take the full benefit of their privilege in the matter of challenges. "i am sadly handicapped,'' said Kinnaird, "by having to defend myself." •''"WhY:"'' f-nid his Honor. Kinnaird replied that the case had gone so far that he did not think it would bt of any use''You were aware," queried his Honor, " that you could apply tor couuselr" Kinnaird said that they had had counsel at the beginning, hut for reasons with which he was not acquainted their counsel had not chosen to go on with the

case. His Honor replied that- the accused were oerfectlv aware that they could Have counsel."and there was no reason whv they should create the impression that they were handicapped by the nb- j sense of'counsel. But they might be j acting very judiciously in defending themselves. ! Mr Raymond, K.C-, Crown Prosecutor, said 'that the accused had been in- | formed thai counsel could be allotted to them. . , , The accused exercised a- free, right ot challenge, and it was some time, before a jury was empanelled. The case, as outlined by the. Crown Prosecutor, was that the accused^had taken a. room at the Clarendon Hotel under false names, going out. late at night in a taxi-cab. and returning early iiAhe morning. Mr and Mrs Guild, . J who slept in a room opposite the room of the aroused, were awakend early "n the morning and found on their pillow a. dirty handkerchief soaked in what seemed to be chloroform. The accused on arrest, were found to have in their possession certain papers that Guild had left in his clothes overnight. In a search of the premises, a revolver ! and a small bottle were found in the ] lavatorv tank, and the revolver was j identified as one that- Meaehlem had j shown to the taxi-driver en the previous j evening, while the bottle was identified I ns on? in which Kinnaird had purchaser. ! chloroform. I Mv Raymond also read signed statements by the accused in which they had 'stated that they had merely soaked the ! handkerchief in chloroform and thrown it into a. room to test it. Kinnaird on arrest had said, ;,: I suppose we will g e t seven years for this." Evidence was given by A. R. Guild. Enid Guild. Pr T. L. Crook. Theophane Murphv. J. T. Souper, E. C. Price, Cecelia Larson. John Onklev. A. A. B''eker r on and E. Bates. Y.'illirun Pi'-'kler., Detective Abbott Mid Detective Eade and Constable L!ovd also cave evidence. Kinnaird. who conducted the examination of nil witnesses, elected noti to give evidence, but Meaehlem asked to be sworn. Meaehlem, m th* witness-box, asked whether Kinnaird would be allowed to question him. "Certainly not," said his Honor. "You must, tell your own story, not what he. puts into your mouth.'' Meaehlem said that on the evening before the affair at. the Clarendon Hotel he was sorting up a portman uau, and the bottle containing the chloroform was knocked over, and he spdt about half of it, ovr the bag. He corked the bottle again and put it in his overcoat pocket. In the evening be went out with Kinnaird, and put the. overcoat on. Thev drank a. good deal and went, to the p.ctures, and on coining out lie found the. bottle in his pocket, and gave it- to Kinnaird at his request. He had purchased the H-volver that morning. "That is all I have to say, - ' said Meaehlem in conclusion. His Honor expressed surprise at the abrupt conclusion of the evidence, remarking that he was badly advised. He .added that Meaehlem had evidently gone into the box ignorant of the consequences of his cross-examination, which might be a very uncomfortable quarter of an hour. It was rather like cruelty to animals to take advantage of his ignorance. He hr.rl been putt into tho box to pour out what- the other party poured into him. Finding the circumstances changed, he. v,as ] now at a. loss what to say. Mr Raymond con<Mi-red in this view, and the Judge thereupon ordered ! Meaehlem to return whence he came. At Kianaird's request, the barmaid, Margaret M'Grath. was called, but she stated that she did not remember either of the men drinking ui the bar. Kinnaird, addressing the jury, declared that he had never denied placing the handkerchief in the room, but he had no intention of committing a.crime. He had been under the influence of drink. He had bought the chloroform, intending to uso it as an ink erndioator in the hope of faking some seamen s papers for the purpose of shipping to his people in the Old Country. Ho had drunk the. best part of a bottle of whisky, and had more drinks on returning to the hotel. Meaehlem went to bed. tmd he went to another room, intending to talk to the occupant, and on switching up the lights lie *-w Miami Mrs Guild in bed. Subsequently he conceived tho idea of, testing the chloroform, and threw the handkerchief into tho bed. He then returned to bed. Mr Raymond did not address the jury and* his Honour summed up in rtoven minutes, the jury retiring at 3.30 p.m. The jury returned at 3.-10 with a. verdict of guilty Kinnaird repeated that he had had no evil intentions. He had had an unfortunate careci. and his record of fourteen or fifteen convictions were not ha bad as might appear. He would ba tbirtv-onc in February. Ho bad only once'before appeared in tho Supreme. Coui-t. , , ~ His Honor said that, starting in 1«']« the prisoner's record included common assault, fighting assaulting the police, theft from a dwelling in England for which he had got three months, and theft of from .a dwelling in New for which ho got; twelve months. JMeachlom said nothing m reply to the usual request. He stated that ho would be twenty-fo-ir in October. His Honor said that in 191b, when he was sixteen, Meaehlem bad been convicted of obscene language, and finally sent to Rurnham for theft. He had 'nlto beeu convicted of breaking and entering, and had been imprisoned for twelve months for theft. Continuing, his Honor said that the; law regarded the offence of which the accused had been convicted &o seriously as to provide imprisonment for life. One man had most deadly weapon, a Colt'e pistol. Meaehlem said that, he had bought the weapon, without ammunition, to send to a friend who was leaving for tho front. His Honor said that he would be dealing very lightly with the accused in sentencing thera each to three years' imprisonment.