SUPREME COURT.

Wellington Independent, Volume XXVI, Issue 3294, 5 September 1871, Page 3

SUPREME COURT.

CRIMINAL SITTIN &S. -Monday, Sept. 4. (Beforo His Honor Mr Justice Johnston.) The following are the names of the Grand Jury : — T. Buchanan (foreman), E. Millar, C. J. Toxward, S. Carroll, B. Lambert, T. M'Zonzie, D. Anderson, J. B. George, R. J. Duncan, F. C. Kreeffc, A. E. Eowden, E. Allen, C. D. Barraud, W. Gibson, E. H. Hunt, J. Martin, G. H. Vennell, H. Blundcll, E. W. Mills, G. Thomas, A. P. Stuart, H. Marchanr, and W. Levin. CHARGE. His Honor, addreeeing the Grand Jury, said that it was not hia intention on that occasion to make many general observations, but some interesting questions had recently arisen both at home and abroad, on which ho thought it necessary to offer some remarks. That of education was to his mind the moat important that was left to modern society to grapple with. He might say, in his position, that it was the last in which he should offer any opinion of even a quasi-political character, but he offered suggestions having a bearing on the repression and the prevention of crime ii> connection with education. It was generally agreed on all hands that education was fcbo~ effective means for preventing crime, but ho questioned whether mero intellectual training —mere cultivation of the intellect — would make a good citizen. In his opinion, religious and moral training were absolutely needed to mako good members of society, that secular education only would never have that effect, and that any system of education based on this principle would fail in the objects sought, and in coming to this conclusion he was guided by the observation and experience of many years. Another matter that had recently arisen was the necessity there was for making immediate provision for discharged criminals. The law in this respect was most unsatisfactory. In neigboring colonies acts had been passed for preventing persons convicted of critno in other places from landing there. After being for some time disallowed, they were pormitted to pass ; and tin's colony then passed a similar measure to keep out tho refuse of the colonies. It naturally occurred to those who reflected on tho subject what was to become of the wretched individuals, if each colony acted in this manner, and thereby fiied' discharged prisoners as permanent burdens on (he colony in which they might be, for thnt was what such self protection would bring about. Wilii the question of policy he had nothing to do. He merely brought matters of fact before them for the purpose of directing their attention to what was a pressing question — what is to bo done with discharged convicts ? He could no^ help bringing under their notice I he extreme desirability of organising some system by which they might prevent criminals from being forced into crime, by enabling them, when discharged, to get tho necessaries of life for a fair amount of labor. A person who relapsed into crime — who was convicted a second time — was almost certain to becomo ono of the class of confirmed criminals. Such a system as that which ho indicated, nlong with reformatories for the young, and a propev general system of education, would, no doubt, help very much to prevent the development of crime and the formation of that dangerous criminal class which was to be found in most cities. Meantime, to n?o an old phrase, we must keep our powder dry, and, in order to do thut, wo must, maintain a »(od police system distributed throughout the colony, and connected with the police of the oilier colonies, and such substitutes for a \)n)ii\l system as wo could got. Referring to the calendar, the number of cases to be tried, he said, wore fov,- in number, but he had often remarked that (hoy were not to come to tho conclusion that there was nu absence of crime on account of the small numbci of persons to bo tried. There were many other circumstances to be considered, and, although ho had no reason to believe that it Wi'.s an immediately pressing thing here, ho was afraid there was among the younger members of the comnumUy a tendency to indulge in a wanton, ti utnpcry, practical-joke kind of crime, which tended to make vicious and unprincipled p?r?orr.- <■■{' the youths who committed them* Every mi.n in his own sphere might do something U-w ".de the suppression of that sort of thing, llu wns afraid that among the humbler cksst'3 here, who were so much better off than Borne of the same class in the homo country there

was not a sufficiently strong sense of responsibility on tho part of parents a& to the actions of their children; and he thought that itwas necessary tlfat parents should be made more responsible for the actions of their children than was done. His Honor concluded by describing to the Grand Jury the nature of the charge in each of tho four caaes to bo tried, and by explaining at some length the degrees > of criminality involved in tho charges against M'Donald', who had been committed for trial on a charge of murder, and on a charge of setting Gro to an inhabited building. .Ho then requested tho Grand Jury to retire, and suggested te them that they should first c^naicfer the three lighter charges contained in the calendar. STEALING MOM A DWELLING. B. Hazelden pleaded guilty to the charge of having stolen a watch, the property of Henry Dodds, from the Duke of Edinburgh Hotel. Henry Hall, landlord of the Duke of Edinburgh, was railed by His Honor, and stated that he had known the for prisoner two years, a portion of which time lie had stayed in his house. Ho was in the habit of receiving remittances from homo to the extent of £5 a month, and had lately gone to Napier. He arrived in the Halcione two years ago, and had at times been employed as a storekeeper. Ho was not, by any means, a loafer. Witness never knew him to do anything of this kind before. He was a very sober man. His Honor, in sentencing tho prisoner, said it was a pity to sco a man in the receipt of £60 a year in such a position. If he had chosen to be industrious he might have kept himself in good circumstances. He could not treat this caso as one of simple larceny. The prisoner had lived in a publichouse, where persons were in the habit of coming and going, and necessarily must require protection from thefts of this nature. For offences of the kind ho usually passed a, sentence of three months, but Ihc circumstances of this ease were different. The prisoner must recollect that if ever he were brought before the Court again he would receive a much heavier sentence. The sentence of the Court would bo that he bo sent to gaol and kept at hard labor for six months. OBTAIN JNG GOODS UNDER FALSE PRETENCES. Patrick Conden Mas charged with having obtained from one Kobert George Williams a horse and other articles, by means of two valueless cheques, of the value of £6 and £5 respectively, drawn on tho Manager of 4 ho Union Bank at Wellington, E. G-. Williams, asadd'er, living at Masterton, deposed : I recollect on 7th August I was in my shop, at Masterton, when tho prisoner came in about ten o'clock in the morning about tho purchase of a horse, Baddle, and bridle, about which we had had some conversation previously. On tho previous Saturday ho offered mo £L 0 for the articles, but I refused to take anything under £12. Ho afterwards offered me £11 lOe, which I accepted, when he gave mo ten shillings in cash and £il in cheques drawn by Hazelden (cheques produced). Those were the cheques. I objected to receive the cheques, because my suepicione were already roused. Mr Allan raised the objection that the signature to the cheques was incorrectly described in the indictment, which set forth the signature as " F. Hazelden," whereas the signature attached to them really was" F. B. Bazelden." His Honor said he had observed that the description of the cheque in tho indictment was unnecessarily and dangerously specific. He thought the best course would be to alow the matter to go to the jury. Mr Allan must protest again.- 1 tho cheques being put in as evidence. Mr Izard said he would apply for amendment at a future stage of the proceedings. Examination continued : I told prisoner I would prefer cash, but he Baid he could not let me have cash unless he went to town. Ho said ho believed the cheques to be good, and that if I were suspicious 1 could telegraph to tho bank, which I did, but bi-fore I received a reply he had gone away with the horse. He told me that he was going to stop at Greytown for the night., anJ that if anything was wrong I could find him there ; that if tho cheques were not all right he would either find the money or hand back the property. I did telegraph, and found that the cheques were bad. I went to Greytown next morning about nine o'clock, but could not find the prisoner until next Thursday, when I met him in Wellington. We spoko about tho purchase, and I said that us I wanted to go back to Masterton I would not prosecute if he would give back the horse. Ho said he would not do so, and that I might do my best. Mr Allan submitted that there was no case. The prosecution must prove the indictment a3 laid. His Honor said that the case was one of very bad fraud, and it was a pity that it should bo allowed to slip though on account of a slavish following of the directions for framing such an indictment. If the jury thought tho conduct and tho language of tho prisoner combined conveyed to the mind of tho prosecutor tho idea that he averred or etated these to be good cheques, as for instance that tho real meaning of tho conversation between thorn was just as if tho prisoner said, "Oh, these are good cheques, but you can make yourself safe by telegraphing," lie wa« not prepared to aay that it was not competent for him to allow the caso to go to the jury j and he thought, upon the whole, for the ends of justice, the best way would bo to allow the case to go on, and direct the jury that if they bel.eved the prisoner's language and conduct to b*e altogether such as to amount to a substantial representation that the cheques were good, and that by means of that he got tho property, then the jury might convict him, and he would reserve the question whether that ruling was right, or whether, upon the evidence given, he ought to have directed a verdict of acquittal. Mr Allan quoted Lord Ellonborough against the correctness of such a course. The point was reserved. Witness, cross-examined by Mr Allan : He told me to telegraph, and I did so. It was about four hours after he had started Uiatl got an answer from the bank. I sued him in Wellington for some other articles which ho purchased on tho same day as the lioraC. I obtained a verdict and got the money. He was charged with this offence, but was in gaol when I sued him civilly in tho B.M. Court. I did not press him to purchase the horse, nor did ho ask me to givo him back the cheque conditionally on his returning the horse, lie said rather than give up tho horse he would take the advice of a solicitor about it. Ho then took the horse to Prosser's stables. I rode with the prisoner on the coach part of the way to Groytown. John Tuck, publican nt Mustcrton, knew the prisoner, who came to his house on tho 4th Angus';-, in company with Hazelden. I never paw them before, Ilazelden asked for some blank cheques, and I supplied him with six stamped cheques, which he paid sixpence for. They both stayed until lato in the evening, Hazoidcn staying all night. They were drinking together, and told mo (hey had travelled in company from Napier. They said they h.-id knocked their first horsc3 up, hud sold them and bought another, upon which 'hey took in turns to ride. The cinques produced arc those I supplied. I had some conversation with tho prisoner on Sunday, Gth August, about these cheques Wo then had some drinks, and he naked mo to cash a cheque, signed F. Hazelden, in payment. I said, " you do reckon mo up cheap." The prisoner .asked, angrily, what 1 meant. I said that I would not give a penny stamp for it. When we got; inside I said, lvforring to tho cheques, " How arc you gel ting on with (hem; are you pushing them round." Ho then leant back in the chair and said, laughingly, " There is only one left," Bo had been stopping at a small publichoupe in the neighborhood, and he said to mo "If the old woman up yonder doesn't take this cl.eque she shall not have a penny." Cross-examined : I mako it a rule never to cash cheques unless they aro those of settlers. I cashed a cheque, for tho prisoner on that day, because it was a good one ; it was not one of thoeo signed by Hazeldon,

Re-examined: A man named Cox said ho had takoH chequrs 'from Hazelden, and ho knew they were no good. The prisoner said they were good, because Hazelden had £60 a year coming in. Thomas Eraser Baldwin, ledgor-keeper in tho Union Bank of Australia, deposed that on the 6th or 7th August there was no account in the name of "F. Hazeldon." There was such an account in February last to "F. B. Hnzelden," and the cheques produced are in his hand-writing. Mr Izard now appliod to amend the indictment, by inserting the initials " F. B." instead of " F." His Honor allowed tho amendment, Mr Allan protesting. Witness, cross-examined by Mr Allan : Hazelden got money regularly from his father, to the amount of £50 to £60 a year. I was not aware of any transfer of his account to Auckland. Mr Allan then submitted that there was no offence committed ; that tho prosecutor had failed to prove the case as laid down in the indictment. His Honor said it would be competent for Mr Allan to go to tho jury with these circumstances, and it would be for them to consider whether he had given the cheques in tho belief that they were good. Frederick Bertie Hazelden, the prisoner who had just been sentenced, deposed : I know Conden, who before tho 6th August had paid monoy on his account to the amount of about £3. I gave him the cheque because I believed I had funds at the bank to meet it. I read him a portion of the letter from mj father, stating that he had sent money out for me. Cross- examined by Mr Izard : I have known tho prisoner about two months. The prisoner paid part of my expenses over from Napier. I had written to Auckland to have my money transferred to Wellington. I told prisoner so when I gave him the cheque. I never heard Cox say, in prisoner's presence, that my cheques wore no good, Mr Izard said ho thought lie hud not sufficient evidonce to go to the jury, and he would ask his Honor to allow him to withdraw the caso. By direction of his Honor a verdict of acquittal was recorded. His Honor, addressing the prisoner, said that partly on account of tho manner in which the indictment had been framed he had escaped, but his escape was a very narrow one, for his conduct had been bliowii to be anything but that of an honest man ; therefore he did not leave the court with an unsullied character. The prisoner was then discharged from custody. INDECENT ASSAULT. Patrick Oorbetfc pleaded guilty to the charge of having indecently assaulted one Susan M'Millan, a married woman. In explanation, the prisoner said ho was quite unconscious at the time lie committed the offence, having been in a state of drunkenness for fivo days previous. His Honor said that rather aggravated his offence. It would not be safe for the wives and daughters of our citizens to walk about the streets if such a state of things were to be countenanced in any way. Ho sentenced the prisoner to two years' imprisonment with hard labor. Tho Court then adjourned until ten o'clock next morning.