SUPREME COURT

Wanganui Chronicle, 27 February 1902, Page 2

SUPREME COURT

(Before his Honor Mr. Justice Edwards.)

WEDNESDAY.. FEBRUARY 26th, 1902.

BREAKING AND ENTERING. | Arthus Mras and Walter "Vincent, two ; ladA who had pleaded guilty to the above and who had been remanded lor sentence pending the Probation Officer's report, ap- | peared before His Honor, who gave effect , to the report, remarking on th* whipping I they had received. They were placed on probation for two years on the usual conditions, one of which was that they be not out of their homes after dark without the permission of the Probation Officer. Mr. Treadwell appeared for Vincent and Mr. Mackay for Mras. , Joseph Sweeny, associated wiln the above in the charge, and who pleaded not guilty, will stand his trial. CATTLE STEALING. j Charles Moores (alias Charles Brewer), was brought up for sentence on the above charge. Mr. Mackay appeared for prisoner, asking for lenient treatment on his behalf. His Honor, addressing the prisoner, said that the offence against him had been very clearly proved, and had been committed in a most impudent and bare-faced! manner. The sentence of the Court was 18 months' hard labour, cumulative on the sentence for pri>on breaking. THEFT FROM THE PERSON. Joseph Howard -was charged with the above. Mr. Mackay appeared for accused, and under the circumstances of Ihurston having been found guilty yesterday ot a similar offence, asked that those on that jury be asked to stand aside. To tins the Grown Prosecutor did not object, and h:s Honor concurred. /T>he following jurey were empanel: eel: : — J O'Leary, Geo. Byern. Geo. Green, Uhas. Kirk, Samuel N.ichoL R. Higgie. Stanley Norton, A. H. Watt. Thw. Sparks. Jas. Wiggens, Geo. Shaddiek, and S. E. Cooper. Mr. R. Higgie was chosen foreman. The Crown Prosecutor staticl the circumstances of the charge against the prisoner, which were similar U> those m the case of Thurston, tried the day before. Evidence was given by John Stanford Gilford (the prostecutor). Edgar Liddlc. Annie Nixon, Johanna Maher, and Constable Clouston, who repeated what they had given in the case against Thurston. and also by George Thurston and Sergeant Dwyer, and this closed the case for the prosecution. Mr. Mackay suggested that there was no case for tlie jury, as there was no evidence an to the watch being sto'.en or that Howard was connected in the theft of the chain. His Honor said that he could not agree that there was no case for the jury. As to whether there was evidence against the accused, that was for the jury to say. No evidence was called for the defence. Mr. Fitzherbeit addressed tac jury and was followed by Mr. Mackay for the defence. His Honor summed up and the jury retired at 1.5 p.m. The Court then adjourned for lunch. On resuming at 2 o'clock two prisoners were called up for sentence. THEFT.

Valerie Jeffrie, a. young woman. Avas asked if she had anything to say w^hy the sentence of the Court should nor, be passed on her for the theft of a diamond ring.

The accused said she was very sorry for whut she had done, and that she would not ort'end again. She asked his Honor to place her on probation. The Probation Officer (Mr. Beas'ey) handed in his report. He mentioned that when taxed with the theft of the ring the girl at once admitted it, and gave up the His Honor, addressing the accused, said it appeared that so soon as slio had been asked about the ring she had f-ankly confessed to having taken it ,and gave it tip without trouble. It seemed to him, too. that in all probability her offence would not have been detected if she had denied it. Under the circumstances he thought he w.ould be justified in placing her on probation.. Incidentally, his Honor remarked that people who owned jewellery shou'd not leave it about where ij: -was likely to prove a temptation to young girls, not thaE that was any justification. The circumstances which principally weighed in her favour were, as he had said, that she had freely confessed her offence, and pleaded guilty" in the Lower Court. She would be admitted to probation for 12 mouths, Subject to the usual conditions. HORSE STEALING.

Fritz «Spie'man was brought up for sentence on a. trharjjfi of horse stealing. Mr. Mackay said he had been requesicl by the German Consul to appear for tie prisoner and apply for probation. His Honour: Man ihe German Consul requested you to make good the value of the horse?

Mr. Mackay said the circumstances cf the case were

His Honor said he knew the circumstances of the case. They were explained in the depositions. ' Mr. Mackay .said he was instructed that iyjj,eii ,th.e .prisoner sold the horse he was under it-he impression that he could "make it right"' with the person from whom he borrowed if, The prisoner, he' was informed, had interviewed this pcrf-on with a view to making reparation, but it was then too late as the matter had been plaued in the. hands of the police. But for that tlm prisoner could have settled I he iwtter. Mr. Mackay furth-n- ;■• mted civt < ant !^e accused had derived no p'i'ioiul hf-r.efb from the sale of the hor>2, 1 £• having opplied the money which '>c jrot to iu-l]; an acquaintance, who was ii d'.nibX A\ l.en taxed with the offence Ihe iris-oner lad at once admitted it, and wns willing aid able to make restitution. He (Mr. Mackay) uniierptood that t'.ie accused whs iu a steady jot) in the Apiti district, to which he could return. He subrnkted thnt it was a proper case (<tr probation. His Honor: The I';oba;ion O(E«'«r c-.'ps nc/t seem to think so. He vepoivs that the accused has purchased a .bicycle in Wan(fapui ou the time-payment sjstem, that he lias not made the pa.yr;)an)Ls', and that the bicycle cannot be found.

Mr. Mackay. after consulting the ;iccused, said he was given to' understan I that the accused had lent the bicycle to a man, and that it was recoverable.

His Honor said lie would remand the a,c,cus.ed fo.r .stntence. to see if the bicycle turned up." "iX ,ii did not he would not, of course. eentenc.e tixe accused in connection with the theft of the bicycle. TlkiA jvould be a matter for another case. But it would be a good reason why the accused should not be admitted to probation. The accused would be remanded for ;i- week for sentence. NOT GUILTY. At 3 o'oiouk'ilie jury returned to Court with, a verdict of not g,uii}.y ),'i the case against Joseph Howard. BREAKING AND ENTERING. A lad named Richard Collis was placed : in the dock indicted with having broken into CVowiey'.s mjvc at Mangaweka on tlic 10th December last. The accused, who .Was liot lepreseuted by counsel, pleaded ,no,fc gnilty. ! The following jury was empanelled: — A. J. White, W. Bason. 3. Hogg, W. Brandt, W. Hojj'g, J. Wilson, H. E. Ave.«s. A. Biddle, G. If. Bo wen. F. Loveda.v, G. i McCormick, A. Tbwnsend. Mr. Loveday ! was chosen foreman. MY. Fit/.herbert, Crown Prosecutor, briefly outlined the circumstances of the case, and evidence was given by Michael Growie.y, jo.sepu Moncrieff. G. Henry Cole, Elizabeth Mary ,Gaiuero«. and Geo. Henry ftarrfcs. The wituesspw were crosi-.-cxaiuuied a-t oolite length by the -accused, After his Honor luul summed up, the jury retired at 3.30 o'clock, and on retuniinn brought a, verdict, of not guilty, and accused was accordingly discharged." THEFT OF A CHAIN. Georgy .Ximrstuii, who was the previous day found g'uiUy ,yf ,stealing a watch chain, was brought, up for sejy'.ejj.o.v. His Honor sentenced the accused to lb numt.Jis' iiuprisonement. to be cumulative upon Hie 12 months received for prison breaking. Ho was n}pt> sentenced to 12 months' imprisonment on a charge of stealing £9 10s. (to vriticli -lie pleaded guilty in the Lower I Court). This nentence was to be eoucurj rent with that received for s-.icaliii£ the [watch and chain.