SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 234, 15 October 1878, Page 3

SUPREME COURT.

The Court resumed its sittings at 10 a.m. on Thursday. Henry Jones, who had been convicted of larceny on the previous day, was brought up for sentence. Several previous convictions having been proved against him, his Honor sentenced the prisoner to sis years' penal servitude, remarking that it was evident that the prisoner belonged to the criminal classes, and it was the duty oi the Court to pass such a sentence upon the prisoner as would prevent him preying - upon the public for some time. 4 William James Millar was charged with obtaining goods by false pretences. It appeared that the prisoner had purchased goods at auction of Messrs Bullock and Co., Ashburton, to the extent of £23 odd. I Some days afterwards he tendered a cheque in payment for the same, which ! was returned unpaid. It appeared that he had no account. In cross-examination, prosecutor said that he could not say for j certain that the cheque was given before tfae goods were removed. In spite of Ihis admission, the prisoner was convicted, and , sentenced to eighteen months' imprison-, ment, with hard labor. James Maurice Fitzgerald was charged with malicious destruction of property. The parties to this case reside at Sydenham. It appeared that prisoner hud .applied for a license which had been opposed'! by prosecutor. Prisoner had threatened' that he would " make it hot" for.rjUffi&P. cutor on this account.,S.JuOrilthe iright ofthe 23rd September, a number of vaJaaikfe fruit and other trees "in'the prosectJtbfSk garden were found to have been down. The evidence connecting" with the outrage was circumstantia|ffife™# Ssting chiefly of the identification I<jwtß<£; footmarks found in'the garden with ffibse' of the prisoner, and certain marks trees showing them toJjlJfre been cut'etown. -with a certain tomahawßwhich was found: - at prisoner's place ana claimed by him. The jury found the prisoner guilty, and his Honor, in passing sentence commented

strongly on the mean and dastardly nature •of the offence of which prisoner had been '*~ convicted. He would, however, treat it as a first offence, and pass the light sentence of six months' imprisonment with hard labor. At the openitrg'of the Court on Friday, the prisoners Belcher and Sorrensen, convicted of unlawfully tilling cattle at Little Siver, were brought up for sentence. Sir Joynt, for the prisoners, contended that the effect of the rider to the verdict found by the jury was that there was no felonious intent. His Honor could not agree with Mr Joynt's arguments on the point of law, but.would pay every attention to the verdict of the jury. After intimating that no more dangerous belief could get abroad in a country like this than that persons could shoot cattle which had strayed on to their .land, and were treated as wild, said that he would treat this as a warning case. He would not send the prisoners, who had liitherto borne a good character, to herd with the felons and rascals of the countrjv He then sentenced the. prisoners to two riHonths' imprisonment without hard labor. Eckius Hoff was then indicted for the murder of his wifeThekla Hoff, at Oxford. Mr Joynt defended the prisoner. The ■qyidence that the unfortunate woman had met her death at the hands of the pjisoner was overwhelming, and the learned counsel for the defence did not seek to escape from this conclusion. He sought to show, however, that the prisoner had been subjected to systematic ill usage at the hands of the deceased and one Barrett, who lived with prisoner and his , wife. These cir- "" cum stances, he contended, were sufficient to reduce the crime from murder to manslaghter. His Honor ruled that provocation given other than immediately antecedent to the death blow would not have |Jie effect contended for by the learned counsel. The jury found the prisoner guilty, with a very strong recommendation to mercy. His Honor then passed sentence of death intheusualform, stating, however, that he would forward the recommendation of the jury to His Excellency the Governor, and back it with his own. This case concluded the Criminal Sittings, and the Court adjourned.