CIRCUIT COURT—CRIMANAL SITTINGS.

West Coast Times, Issue 1342, 11 January 1870, Page 2

CIRCUIT COURT— CRIMANAL SITTINGS.

January 10.

(Before His Honor Mr Justice Richmond.) Hi-* Honor took his seat on the bench precisely at ten o'clock. THE GKAND JURY. The following gentlemen were sworn on the Grand Jury: — Samuel Boyle (foreman),* Henry Mace, Fraacis L. Clarke, Michael Cassius, William Barnett Armson, Herman Jacob Bauman, James Chesney, Duncan Macfarlane, Robert Ecclesfield, John Hall, Albert Pollard Prichard, Richard Spence, Charles Louisson, John Cosgrace, Archibald Scott, David Wilson Virtue. Joseph Churches, James Craig, John Arkell, William Glynn, Alfred Palmer, Samuel W. Alcorn, and George O. Preshaw. the judge's charge. Mr Foreman and Gentlemen of thb Grand Jury — " The present calendar is an average one. It appears to include eleven charges and fourteen names or thereabouts. None of

these cases have to my judgment any technical difficulties, nor do I thin'c they are likely to involve any technical question in which you will need assistance from me. At all events, there is no such question presenting itself at present. There are only two cases upon which I feel called upon to offer any remarks. The first of these, coming from the Waimea, is a charge of riotous and malicious destrucion of property, occurring shortly after Christ- , mas day. So far as I can collect from the depositions, the acts charged in the indictment were not planned beforehand. There was no preconcerted plan ; they appear to have arisen out of some sudden excitement amongst men drunk, or half drunk, who were celebrating in their peculiar way the commencement of the Christian year. The other case comes from Okarito. It is a charge of assault, and appears to be a case of some standing. Some of the witnesses fix the time of the occurrence 'shortly before St. Palick's .Day.' By the depositions, the case m ould not appear to be very important, but it is rendered serious by the subsequent death of the man who was assaulted. From the evidence taken before the Magistrate, the assault appears to have been one of those brutal outrages where two or three men set upon one man to heat and abuse him, and which are a blot upon our civilization. There are two or three spots on the coast where cases of the kind are more or less frequent ; and only very recently there was one of the kind tried before me at Nelson. I hope, gentlemen, the time is not far distant when all men will view with tte same detestation, the same contempt, this cowardly practice, which cannot be stigmatised too strongly. These acts are not the acts of men, but of brutes. A large number of men set upon a single I man, and maltreat him in a cowardly and ruffianly manner. For my part, I should j think comparatively little of a misadventure occurring in a fair stand up fight, for men in their cups occasionally will fall out ; but, in these cases, the gravamen is that a crowd set upon and abuse a single man. I am not aware what charge the Crown Prosecutor intends to found upon the evidence in this case ; nor do I know how man) r persons are implicated — there seem to be only three — and it may be that I shall have occasion to address you again upon the case. You may no -\ retire, gentlemen, to consider the bills, which will be laid before you."

The common jurors were then sworn. Mr. Harvey, the Crown Prosecutor, conducted the prosecution. FORGERY AND UTTERING. Edwin Limond was indicted for that he did, on the 9th of June last, forge a warrant for payment of money, viz.. a cheque for £5 on the Bank of New South Wales, signing it C. Cooper. A secDnd count charged the prisoner with uttering the cheque, knowing it to be forged. John Briggs, sworn — I am a publican, residing in Hokitika. On the 9th of June last I saw the prisoner, who came to my house and said he wished to know what he owed me. He had had some goods of me before. He presented the cheque produced, on which I advanced him £l first, th<n lOs, and subsequently ?s more. He said he would go with me to the bank the next morning tb get it cashed. I asked him who Cooper was, and prisoner replied that he was a man he was working' for at the slaughter house. I knew t"e man with whom rhe prisoner was working, but did not know what his name was Prisonei did not come the next morning, and I presented the cheque, hut did not get any money, as they told me at the bank there ■was no account to that name.

By the pi isoner —I remember the oth of June, but I did not say that I received the cheque on that date. I saw you on the Monday prior to the 9th. David Hugh Davis, ledger keeper in the Bank of New South Wales, proved that the cheque produced was presented first on the 10th, aud afterwards on the 11th, of June. He marked it "no account," meaning that the drawer had no account at the bank.

Byajuior — The cheque was presented the second time by the police.

David Cooper, sworn— l am a farmer, living at the Arahura. The piisonei was working for me ahout six months, and left me about March last. I have never liveJ near the slaughter-yards, but have done some work there, and prisoner was in my employ, and worked with me there. Brigffs, the prosecutor, was working down there at times, and saw the prisoner with me. I keep no banking account, and the cheque produced was no' given by me. I know no one of the name of C Cooper about there nor in Hokitika.

By the prisoner — I do not remember Friday evening, the 4th of June, nor that you came to my pluco on that day. James O'M alley, constable of police, stationed at Greenstone, proved that he arrested the prisoner at a place called No Name, in October last. I t.ild prisoner the charge against him, and cautioned him. Prisoner denied that his name was Limond, and said it was Henry Lewis.

The pri oner called Detective Browne in his defence, who said that he had known prisoner for two years, and had always seen him work hard, though he had known him to be in trouble about a cheque.

Prisoner, in his defence, stilted that the evidence given l>y Briggs that day differed from his evidence before the magistrate as to the date when he •' prisoner) was said to have passed the cheque to him Pie complained that he had been led astray by the depositions, and also that he had only received a copy of them on Saturday last, and had not had an opportunity of getting witnesses in his defence.

His Honor, before summing up, told the prisoner that if he conceived he was prejudiced, as he stated, he might have applied for a postponement of the _ trial. His Honor would never allow a prisoner to be taken by surprise, and, no doubt, the prisoner's experience oP criminal trials would make him aware that such was the fact, and that he could have obtained a postponement had he chosen. His Honor then went through the evidence, charging the jury that although there was no direct evidence that the prisoner had himself s : gued the cheque, yet there was, in law, evidence of forgery committed by the prisoner, in that he had uttered a cheque with the signature of a person who had no existence. It was genera'ly supposed that consisted only in simulating the signature of another person, but he would tell them that the affixing a name of a person who had no existence Avas equally a forgery, However, if the jury had any difficulty as to the question, they might dismiss the count for forgery from their minds, as the punishment lor uttering was the same as for forgerj', The jury retired to consider their verdict, and on their return into cou>t found the p isoner Guilty. The prisoner was remanded for sentence until to-morrow morning, at ten o'clock. LARCENY. Bridget Kelly was indicted for that she did, on the 30th of December last, steal

from a dwelling-house, the sum of £13, the property of Frederick Elija Hiscocks.

The prisoner, who was not defended by^ Counsel, pleaded Not Guilty to the arraignment. The facts of this case must be in the recollection of our readers, as d^y have been so recently published cflPhg the examinations in the Kesident Magistrate's Court. »

Sarah Maria Hiscocki stated that she went to the house of prisoner on the 30th of December, and while staying there, heard her call to her (prisoner's) child, On witness's return to her own house, missed £13 out of her cash-box. Left her own child, a girl ahout five years of age, in the home when leaving it. His Honor — Do you intend to cdl the child as a witness, Mr Harvey ? Mr Harvey — Yes, your Honor. His Honor — Then I may as well say at once that I cannot take her evidence. I am bound by the law to put certain questions in order to ascertain whether the witness understands the nature of an oath. It is a very solemn farce, but the present state of the law imposes it upon me, an"tkj will not put such questions to an infant oT the age of five years. It is very much to be' regretted that the witness cannot be permitted to give her evidence unsworn, and leave it to the jury to take the evidence so given for what it is worth. I trust that man}' more years will not pa.s over our heads before this barbarous state of the law is altered. It would be far better that a discretion should be given to the Judge to determine whether a witness understands the nature of an oath, and also it should be left to his discretion to decide whether the evidence should go to the jury unsworn, I will not examine a childof five years on such solemn subjects as is imposed upon me by the present state of the law.

Mr Harvey — I can do without calling the witness, your Honor. Sergeant Hams proved arresting prisoner and finding five £l notes concealed in her house.

Catherine Walsh, searcher at the lower gaol, proved searching the prisoner, and finding in a purse in her pocket £3 3s 9d, A consisting of two half sovereigns, eight halfcrowns, and twenty-three shillings and ninepence in other silver coins. Turned her pockets out but could find no more.

Ellen Kidd, matron at the upper gaol, proved searching the prisoner, and finding five £1 notes in the gathers of her dress. Mary Ann Kelly, an infant daughter of the prisoner, was examined by his Honor as to the nature of an oath, and then stated that she took the money from the cash box in Mrs Hiscocks' house, that she was told to do so by her mother, and that she (witness) did not know the money Was there until she was told by her mother. She gave the money to her mother. The prisoner, in defence, stated that she knew nothing of Mrs Hiscocks' money, and stated that the money that was found on her were h< r own earnings, which she had been savin? against her confinement. She called, in corroboration of her statement,

Henry Lloyd, who stated that he is a miner, and that about a week before Christmas he had brought £10 down to prisoner, in £l notes, from the Grey, brought it down for her confinement.

By Mr Harvey — I earned the money at the Grey, at mining. I have been livirA with the prisoner lorthe test three monthsf off ;md o'i, hui I earned the money when away from her. I had no claim of my own, but worked for wages for a man named Hewitt.

His Honor, in summing up, said that the case was a very extraordinary one, and it mainly rested uponthj weight which the jury would attach to the evidence of the witness Mary Ann Kelly. If they were satisfied ttiat the child was telling the truth, then the evidence against the prisoner was overwhelming. Mrs Hiscocks' evidence was important, as corroborative of th? evidence of the child.

The jury, after a short deliberation, returned a verdict of guilty. The prisoner was remanded for sentence till 10-niorrow morning, at ten o'clock.

INDECENT ASSAUI/T. John Matani was indicted for that he"' did, on the 20th September last, at Greymouth, ar,sault one Ann Sampson indecently. The prisoner, who pleaded not guilty, was defeuded by Mr Guinness. The Crown Prosecutor opened the case >o the jury, stating the nature of the evidence which would be adduced, and called the following witnesses: — Anne Sampson sworn — I reside at Greymouth. On the 20th September last, about 2 o'clock in the morning, I heard a knocking at the door of the house. I a-ked who it was, and prisoner answered " me." I did not know who "me" was ; but as he said something ahout Mrs Jones having his washing, I opened the door, and told the prisoner that he had made a mistake, as. besides myself, there were none but children in the house. Prisoner wanted to kiss me, and I refused to let him. He then caught hold of me, and tried to throw me on the mangle. I cried out, " You ruffian, you want to kill me." He then took me in another room, and threw me on a stretcher, and afterwards on the floor, but I felt myself stronger than he, and I got away from him. He then threw me on the bed over the children. I cried out for George Darts, and the prisoner ran away. His trousers were down. He had taken off his belt, and he left it behind, and also his hat, both of which I gave to Constable Keaing, when he brought the prisoner back about half an hour afterwards. There was also a Indy's hair-net, which I thought the prisoner had left, but I found afterwards it was not he that had left it We had been struggling a lon°time together, and I showed to the constable the marks of the struggle about the place.

By Mr Gumness— l have been lakhv care of Mrs Ryan's children while she was in gaol. Prisoner was not sober or he would not have done "what he did. I called out the whole time while prisoner was assaulting me. I am n<,t a married woman. I have an illegitimate child, but that is no reason why a ruffian like the prisoner should do wh it he liked with me. t will *wear the prisoner took his belt off himself.

George Darts, sworn— l am a biicklayer, at present residing at Koss, but -n September last I was living at Greymouth, next door to the last w.tness. On the 20th of September, al.out 1 o'clock in the morning, 1 heard cries of '-murder." and then I heard the name " George " c Jled. I knew the voice was that of the prosecutrix. and 1 ran to her. She said, '• Here is a ruffian tryiug to murder and to ravish me." I said, "Wheie is he?" and she answered that he had gone into the next house. I could hear the noise he made against the iron, and when I went towards him he rushed out and ran away. His trousers were partly down, aud his shirt was hanging out. I gave chase across a main road,

through a hole in a fence, and over two other lences, and came- up to him near the Eose of Australia. I told him he must go back with me to the woman. He came along Avith me until Aye got to a piece of clear ground, Avhen he made a stand and said, "George, you are an old man, and I am a young one, Ave'll have it out here." He then kicked me, and I tripped him up and called for the police. He caught me by the throat and Aye struggled together. IMx Kilgour r.nd one of his men then came and helped to secure him until the constable came up. I Avent Avith prisoner and "the constable to Ann Sampson's house. The woman said to prisoner, " You have left your hat here," and he ansAvered, " Yes, let me have it." 1 Avas afterwards shown the marks about the place, of the struggle between the prisoner and theprosecutrix.

John Keating, a constable stationed at Grej'mouth, proved the arrest of prisoner, •■and corroborated the evidence of the previous Avitness as to the .disarrangement in prisoner's clothes, the marks of the struggle m the house of prosecutrix, and produced the belt which prisoner had claimed.

The Crown Prosecutor having addressed tbe jury on the evidence, and Mr Guinness on behalf of the prisoner, His Honor summed up, and the jury retired shortly before four o'clock to consider their verdict. At six o'clock they returned into Court requiring answers to some questions which prevented their coming to a conclusion. These having bten replied to, the jury again retired, and shortly after returned with a verdict of Not Guilty. The prisoner was then discharged.

I/ABCENYi,

Jane Lloyd was indicted for that she did, at Greymouth, on the 16th of December last, steal the sum of £6 10s, the property of John Martin.

The prisoner pleaded Not Guilty. The Crown Prosecutor having opened the case to the jury, called the following witnesses.

John Martin, sworn — I am a miner residing at No Name. I was at Greymouth on the 15tb of December. I saw the prisoner there at a house in Gresson-street. I •stopped in the house from midnight until about seven o'clock in the morning. I had £20 odd on me when I went in. I bad about me also a letter and a paper relating to the registration of a dam. I had my money and papers all safe in my trousers pocket when I went to bed. There •was a Mrs Harrison with me. I slept w r ith ler that night. She saw Avhere I put my trousers. Prisoner slept in the adjoining room, but she had not gone to bed when I went. She came into the room where I was in bed several times, wanting me to have a drink. AA r hen I woke in the morning I fancied my trousei s had been shifted, and on counting over my money, I found that £6 10s, or something more, had been taken away. I also missed a letter and some papers. [Letter shown to witness.] The letter produced is the one I lost. It was found by Sergeant AA T hi:e, in my presence, under the mattrass in prisoner's bed. In the same place the sergeant found two £1 notes, and under the matting two half sovereigns. I paid prisoner 5s for the bed, as she said she had no money to pay her Tent.

Richard White, sergeant of police, stationed at Greymouth, sworn — On the 16th of December, I went to the house of prisoner. There are two rooms in the house. and a bed in each room. Prisoner was asleep in her clothes. I founn the letter produced under the inattrass, and also two £1 notes. I found half-a-crown on the floor, and then prisoner said there was some more monej'. and, lifting up the carpet under her feet, she took out half a sovereign and a shilling. The woman Harrison pleaded guilty to receiving some of the money from the prisoner, and was sentenced to three months' imprisonment.

Prisoner, in defence, denied hr.ving taken the monej r .

His Honor summed up briefly, and the jury, without retiring, acquitte I the prisoner, -who was then discharged. The court was adjourned until tomorrow morning, at ten o'clock.