SUPREME COURT.

Wanganui Chronicle, Volume LX, Issue 17074, 30 August 1917, Page 7

SUPREME COURT.

CRIMINAL BUSINESS CONCLUDED

The Supreme Court sittings were continued yesterday before Mr. Justice Chapman, when the criminal cases were concluded.

ADMITTED TO PROBATION.

Greorge Hartnett was charged that on May 13, 1917, at Wangnmu, he did rorge a Post Ofhc© withdrawal receipt for the sum of £12, signed Henry Flockhart. Accused was further charged that, knowing the said receipt for th e payment of money to be forged, lie did utter, issue, deal witn, and act upon the said forged receipt, aad did attempt to cause Stanley Holden Thompson to act tipon it as if it were genuine. '. .

Several witnesses were called by the Crown, after which Mr Mackay" said he did not intend to call evidence for. the defence, because accused's (!■•. > o.sitions, taken in th P Lower Court,'had been put in by the Crown. The evidence on that occasion was to the effect that Hartnett went and identified Coombes (who has since been convicted oi: the forgery) in all good faith. According, to Mr Mackay, it would be fortunate if all the cases which came before the Court were of as little seriousness as this one. Hartnett had already been in gaol three months awaiting trial, while Coombes, the principal actor in/the crime, had pleaded guilty and had been ordered to come up for sentence when -called upon. Therefore the latter had been free all th c time. Before the jury could find Hartnett guilty of the offence with which he had been charged, they must come to the conclusion that accused ■knew Coombes had been acting' dishonestly. The police had been unable to find Coombes, and the summons to appear had not been served. Had the latter appeared as a witness. Mr Mackay felt sure that the whole matter would have been cleared up. The jury must be satisfied beyond a.ll reasonable doubt that Hartnett was implicated, otherwise they must return a verdict of not guilty.

His Honour said it was the jury's duty to investigate the circumstances whether any fraud had been taken part in by the accused. Before a conviction could be recorded the jury must be satisfied that the accused had taken a hand willingly and wickedly in assisting Coombes in the fraud. Had sufficient evidence been produced? After a ten minutes' retirement, the jury "returned a verdict of guilty, with a strong recommendation to mercy. Mr. Mackay pointed out to his Honour that the accused had already spent three mou% in gaol. Mr. Marshall read the Probation Officers' report, which was not favourable, but which stated that the prisoner had no previous conviction against him. His Honour announced that prisoner would be admitted to probation for inree years. He must understand that ne must keep away from drink and all places connected with itr If not, the police would arrest him, and Hartnstt would find himself before the Court again.

PLEADED GUILTY.

When the informations against. Percy Faulkner were read, accused pleaded guilty. He was charged with (1) having stolen an automatic revolver and 80s. in money from a Chinaman, (2) breaking and entering by night the house of Charles Bales'; ;3) breaking ivnden tering by night the house of David Gellatly with intent to commit a crime.

On the application of Mr. C. E. Mackay, who appeared for th e accused, his Honour deferred sentence till this morning.