SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 311, 11 July 1879, Page 2

SUPREME COURT.

The criminal sessions of -the Supremo ..Conrt opened on Monday, Mr Justice Joini"Htdifpresiding. In charging tho Grand' Jury, his Honor said he could not congratulate them on the lightness of the calendar, a?,:|i}|frhough there* were not a large nc-übor of ■ cases,-there were some that would require serious attention. . Referring to two cases under the Fraudulent Debtors Act, the" learned judge made Koine severe remarks 1 about the manner in which -the depositions. had been got up, and n!sr> on the fact that, in one case, no one had been l boun<s over to prosecute, and in tl -a oiikt. the trustee had been advised not to go on with the prosecution. The Grand Jury found true bills against all .the piiscmei's .except George Hamilton-, .charged- with arson, at Tinwald. The following .cases were then tried :— . . .*,,

EMBEZZLEMENT. Montagu Dodd was arraigned upon an indictment charging him with feloniously appropriating a sura of £40, the property of John Joyce and another, solicitors. The prisoner pleaded " Guilty." Mr Joyce ga\e the prisoner a good character, and in reply to his Houor offered to give him enployment again. His Honor, after consideration, said—l .think this is a casein which I can justify my own conscience by treating it as a first offence by a person who was tempted by seeing money within his gi asp, and tempted in another way by having demands to answer for, through the estravaganae or another person : and as the prosecutor has offered to give the prisoner to preserve him from furtherdesjrndtion and"' being thrown upon the world after a con-* siderable term of -imprisonment, I do not 'think I should be erring on the r side-, of. ?- false."humanity and sentimental ism if l"I deal with it as a first offence, and inflict ajs nominal punishment only, especially as prisoner has been some time in gao^ s andr 1 has had time to reflect upon the foljy • sasC'{ :wickedness of his.act. Tha sentence''afP jthe Coujt is, .that he be imprisoned hard labor for one day. ' ' ; ;4'i STEALING FROM A DWELLING. * " l ?*r* Stephen Walsh, charged with was described as a '"bar loafer', and seiftnjj tenced to eighteen months' imprisbnigcijti l . .'{i. - .'.'", forgeery ■ -. - ;»_ iff:* George Thomas Blautern, cha r ffed forging a. cheque for £4 lOs,""', guilty and was sentenced to tiM imprisonment, the sentence to eoiiiiueiiceafc the'expiration of the term of fwpajspnnjeni' which he is now- undergoing for. a"annular ■ offence. -i— =-^.^.,1 Jacob Vogt, charged with forging the name'jOf Elizabeth Fooks to a promissory note,-'was "sentenced to twelve montlis' imprisonment. - "'* "■ ' STEALING A CHEQUE. ' "'*'''" Alfred Morey, indicted for stealing a" 1 cheque at Ashburton, pleaded guilty and ' tq,-twjelye months' imprison

■ TJIEBT OP JEWELIERY. The boy Tho.nas Power, for larceny of several articles of jewellery, pleaded g-nijty. There were several previous convictions. He was sentenced to two years imprisonment. - ' ■ • , " •On Tuesday the following cases were taken :— EMBEZZLEMENT.. Charles William Greenwood was placed in, the;dock and called upon to plead to a charge of embezzling £5 ss ; the ,< of U. F. Barker. He pleaded >>JTo6 ' 'Guilty." ' Mr Gai'riek appeared for the defence ' ■ At the conclusion of the casa for the , ■■ - prosecution, Mr Garrick submitted that ' ' there .was no .case to go to a jury. '. His Honor : There is a specific accounting ,for this cheque, and it is for'the,"'"pro- - sedition to"establish that ihere was a discrepancy of five guineas. It is quite clear that' prisoner did not embezzle*, the five - guinea cheque, but it is suggestSS that ;he ■" hag not -accounted for a deficiency iU'hie, accounts. - '. Mr Garrick submitted that as. soon^e-, " prisoner .learned tnat there had been a •, take he ofirered to pay the money; , _. ■ His Honour understood Mr .Ehfikarf'fo- " ssy that not finding thc'ftvc the ' books, he had come to the conclusion that -, prisoner had not accounted for tha^jjjiuotint.-" His Honor was not sure tfcatrtherfk WBB - v not a case to go to the jury. If the jary . sJ . were satisfied that thero had I>een a I , ot five guineas it would be conipetenl.fbf * the jury to find a verdict of n6Tt guilty; - - f Ij[is Honor : I bhall tell the jjjct— ,|ajijeet to what Mr Duncan may fh'e,se charges having broKeuiidqwn, \- 'tnay think it reasonable to belijjve thas|tMs ' *, may have- been a mistake, aod/are gntithd to give prirfoner the: .benefit, -.„- .. Mr Garrick addressed -. defence! Mr Duncan t ''' r sk •-. ,Plis Honor' summed up* : Tery'rrincn in favour of 'the -accused, aMfee'"sanieftinie. pointing out to the jury f&fnUhe responsibility of the,verdict was! with them.,,.,, The' jury, after 'deliberating"ono minute, returned averdict of " Not Guilty." The accused was at once discharged. ARSON. Emma-Ash win and Martin Edward' As- ' win were placed in the dock, - dharged. with having 'on ! 13;set'tirc to a certain mill at -Decanter intent to..defriaUd.." .They- severall^ple4iaed>''''.'Not Mr Joynt appeared ,f pTi§oriei]S! -' There were three c6unt§>"in "tlio r ;iqcErct- ' ment :.l. With intent Spar- ' j ance company t ;; 2. With iiiteiit i;o deifaud: *', and 3. to i|jW. '».": ; On the application pfi|rr.Joyni,-'oJl- the \ witnesses were ordered ojfit bf ..'! "Mr Joynt asked that Mra Ashwjo fixiehl- •' v bo allowed a chair. - T^^"''-'jj Honor said ho never ;'■ tinction—it might be vefy ' say so. If Mrs Ashwin was ," J stand, he would allow her a pliftir:*'- « % -i\\

~ Mr Duncan opened:-the case for the Crown, _,„,;.,.„ .The evidence-'for-the prosecution- was very similar to. that -given in the Ee-yderrt Magistrates Akaroa, with this .difference that the witnesses- were, subjected to a severe cros?-esainma{ion hy Mr Joynt, and in scvcml particulars considerable -"discrepancies wore apparent between their evidence at the tnal 'and that ghen in the Court below.- For the defpnee Mr J0.7111/ called Alexandra-Ash win, a daughter oZ v the female pri&oner. evidence contradicted that of Williams wherv. Ijp stau'd that he went and knocked at- the door of Ashwin's house, and' th-it the prisoners came out fully dressed. Mr J. B. Barker also gave evirlpr.ee, , slating lhe value of tho place at the time of the firs at ;CCCO to, £700. Ho also said that the roof of the lean-to wan too" steep for a men lo walk nr.'l tint he [hoiigli* \t impossible O-<i< a man could bo seen , coming fiom A&bvrlnis.houto \>y a, person at the incus hut unless he- wae carrying a light"-- ' ■ Ilis Honor summed up strongly in'favor of an acquittal. ' • ' The jury, aftproncminiite*S ( del;tiei£.ticn, returned a vernier of " Not Guilty. ,, The |irisoners vero'nt discharged. Tik Com I adjourned , : at -10.20 p.m. all: 10 a.m. on WedneftLiy. On ih«*CVut v.ilhthc liml of ?"rnii T c Lv,<''-."-' v/as v/ith sbtt'i g firo to a c> I . op in CVu!).«:ia' on May. "21 f.-r tr.e pi.->yn i rirn Lister! '"11 five o'cK^k. ■■ when Vt Joyri. v, Lo -aj-Dearec lor tho 'J3-I fence. r..-lved for and obtuipe/J an n-.ent till the foslo moiling