WESTLAND SUPREME COURT.

West Coast Times, Issue 13767, 13 March 1906, Page 3

WESTLAND SUPREME COURT.

MONDAY, MARCH 12th. (Before His Honour Mr Justice Cooper.) His Honour took bis seat on tbe Bench ■t 11 ».m. CRIMINAL JURISDICTION. k REX V. FEHOUSON. CATTLE iIAIHINCt. Tbe second trial of this case was commenced and tbe following jury empannelled:—F Nico», H Williams, P Arnorich A Scott jnr, J Duncan, J W Maunder, W Olderog, G Knowto, W Breese, F W Cbestermao, J Free, and E M'Fadyen. MrOhestermau was chosen foreman. Mr Park, Grown Prosecutor, intimated to His Hononr that the Crown had decided to eater &"" nolle pronqui" in this case, as it was recognifel thut accused had not deliberately shrt tho cttle, and that accused bad offered to pay £5 io Mr Keenan for the loss of tho cattle. Mr Beare for accused concurred. His Honour in discharging accused said he wished accused &Dd tbe people generally to understand that no matter how much they any be annoyed by trespassing cattle that they would not be justified in doing any d image to these cattle. The legal remedy was impounding. Often a maiis justly annoybd by baling his garden destroyed by. wandering caUle and in tbis district there appears to exist a great laxity io this respect. If the local authorities do not take the necessary steps to abate the nuisance the persons aggrieved or in fact anyone may impound. He wished further to rai c bi-> voice against the indiscriminate use of pearifles and he agreed with the presentiment of tbe Giand Jury midea few days ago in this respect. Too many casts bad come before tbe Ceurt during the last

few yean where the indiscriminate use of tbete riflei, especially by inexperienced j hoy*, led to nacb damages and injury, although it was perhaps not intended to do so. The reckless firing was tbe cause of the mkohief. In the present case there was do moral guilt, but merely a legal one. No evidence had been adduced that accused bad deliberately fired at the cattle and wounded them. In his opinion the Crown Prosecoter was justi fled in taking the coarse he did, tad he believed accused had been saffie'eatly - pvoubtct by steading a long trial. Ac cused seemed to have been an in insurious nan who took a pride in having a well x kept garden, no doubt was much annoyed Ks'by these cattle, ft was to be hoped tbe neighbours would io future keep them away. There Iris no moral stigma at tached to accused and he-approved of him paying £5 to Mr Ke;uan for tbe loss of •be cattle, lesuted was then discharged. BEX V IEIOH HUNT.

BREAKIHG AKD ENTERING.

Aocu*«d was charged with breaking and entering into the bo»« of Thomas WilI'atni at Black* Point on October lOtb, 1904, and stealing a watcb, chain and locket and a few shillings ihertfiom. Accused pleaded "Not Gu lty' and watt ondefend d, The following jury was empannelled : D. Marshall, E. M'Fadyen, M. M'Fadytn, P. Hausen, F. N col, A. Scott junr, F. W. Cheatermao, J. F. W. Schroder, J. Free, M. Martin, J. Howat atd W. 01 dtrof. Mr Schroder was chosen fore* BID. The prisoner challenged F. Americb, M. ErakWibj, J. J. Uiaike and J. Boyd, and the Ciown Piogecutor ordered J. Duncan fend W. Bre.rze to stand down. ]iT Park called— Thomaf Williams, miner, living in bis bofte at Pltek'a Point, near Reef too. He W af tbtit on the 10th October, 1804, He

left bis house at 3.30 p.m. to tro to w< t':. When he returned he found the windo* broken (fire panes) and fouud his watch, c*iain and locket had been taken. (^ itness identified the watob and c' ainj. He subsequently discovered a few sl<illin^s were also R' ne. Saw tbe watch and cbaia fourteen months later at the Police Camp. S ,w accused about bis place eitbf r on the day of the robbery or the day before. Aocuned wis working io the »an>e mine aa h ; m. Witn.-es paid £52 for the watch and £6 for tbe chtin. Had the watch for 17 or 18 years. Thought the accused knew bis habits well. To tbe accused— His bouse was on tbe mam road bnt persons could reach it by going on track through the bush, Stited

to tbe police that accused had been to his

place. It was about 48 hours before tbe robbary that accused spoke to him tat

Had never seen the locket since tbe robbery.

George Wells, mintr, Reefton, deposed to seeiug accused speaking to the last witness on Ootober 10th early in the afternoon.

Sergeant Egan, formerly of Reefton, slid Mr Williams came to him about 2 or 3 a.m. ou October llt'i, and in conse* q u. nee of what be beard he intercepted a:id searched accused on his way frem Dyer's Hotel to tbe railway station at about 730 a.m. Accoaed at tbe trial of Cod way at Greymouth twore be never saw tbe watch before and never aold it to Conway. Did not remember whether he said he knew .Miss Lee.

To accused— Could not say whether he saw accused again on tbe day be searched him Jiben going to the railway station.

William Campbell, detective, swore to the watch and chain being found on Conway. When Conway was tried at tbe Greymouth District Court for receiving stolen goods, accused swore that he had never seen tbe watch and chain before. Conway when arrested at nVst denied the name of the person he got tbe watch from, but be afterwards gave it.

J. M. Conway, Law Clerk, Gr«yroouth, raid accused called at bis office on the 10th November and atk'd him te advance him some money on a watcb and chain and they went toget-bei to tbe Imperial Hotel, where at accused's request Mite L«e, the baimaid went upstairs, brought the articles and banded them to accused. Tn«y went together to Cearney's jewellery shop, and Mr Gearney adrised Con* way that he oould safely advance £12, Paid ameuntjf 8 in cash snd £4 by cheque. The latter was dated November 10th.

To accuud— Denied having ever been concerned in a similar case. Be bad no proof of the transaction beyond the fact of having given the chrque. Gave an undertaking to accused when advancing the money that on payment of £13 at the cod of January he would return the articles. Oearney asked him some time later where the watcb was and told him he thought the watch was stolen. After his arrest, made enquiries of the where* abouts of MUs Lee,

Annie Lee, formerly of Reefton and Grey mouth, deposed to having been employed »9 a barmaid in Reefton in Oct., 1904. Some time during that month accuied came to her and asked her to take charge of a gold watch and chain, and she did so, Shortly afterwards she took a position io tbe Imperial Hotel, Greymouth, and while there accused and Cooway called one day and accused asked her for tbe watcb. She went upstairs to her room and brought tbe articles down and banded them over to accused. Sbe would not ciroar that the watch and chain now produced were tbo same as thofla accused Rare her.

In reply to Hia Honour, witness stated ■he could not definitely slate tbe dn« on which these occurrences took place, but to tbe best of her belief it was in October she received the watch and chain.