SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 384, 9 April 1880, Page 2

SUPREME COURT.

The Criminal Sessions of the Supreme Court opened in Christchurch on Monday, before his Honor Mr Justice Johnston. Mr Duncan prosecuted on behalf of the Crown. The Grand Jury having been sworn in, his Honor proceeded to address them. He said that he was sure the gentlemen of the Grand Jury wouli with him bo thankful that ho was enabled to announce that their labors that day would be very light. He was happy to say that, notwithstanding the well-known state of depression which had existed in the colony, there was no sign of any increase in crime so far as this portion of tie colony was concerned. This, he thought, was a fa«t upon which they could very well congratulate themselves. He had before him a calendar containing the names of sixteen persons who were charged with certain offences. Of these he believed that three no bills would be presented, so that the total number of cases left for consideration by the Grand Jury would be thirteen. The greater part of these were cases of the ordinary type; indeed, there were only two cases of any importance which would require an}' comment from him. This, he thought, was a thing which they ought to feel gratified at, and he thought that they would join with him in expressing satisfaction at the smallness, comparatively speaking, of the calendar, so far as this part of the colony was concerned. In two of the cases to which he had referred as having been withdrawn, the persons charged had been bound over to answer to a charge of libel. He must say that he did not think that in these cases public justice had suffered in any way by the withdrawal of the bills. With regard to a case against Ellen Stokes for stealing a gold chain, there would be perhaps some difficulty in finding a bill, as there really was no evidence of stealing at all. [His Honor entered into the circumstances of the case.] The law with regard to articles found was by no means simple, indeed it was the most complicated they had. [His Honor then proceeded to detail circumstances which would m#ke finding and rct«ntjrtA oi an article larceny.] His. Honor tben,proceeded to comment in the charge against two youths of placing obstructions,on a railway, enlarging upon the heinousnesi of tliQ crime. He trusted that the remarks heliad made would \hav« the effect upon the public of risn<prin_f' them more careful in the bringing up their children. Before concluding his remarks on the calendar, he might notice that, for the first time he believed since ho had sat in that portion of the colon}', there was not a single charge of forgery, or passing a bad cheque. There was a case of stealing a cheque, but none as he had said either for forger}'' or uttering a valueless cheque. He did not think it necessary to make any further remarks on the calendar. PLACING OBSTRUCTIONS ON THE RAILWAY. Henry Mason and William Palmer, two lads, were charged with putting wood on the Rakaia and Ashburton Forks railway, with intent lo obstruct the engine and carriages. They were not defended by Counsel. They pleaded " Guilty." Mr Duncan said the prisoners were indicted for a misdemeanour.' His Honor said that laying wood was a felony by the Act, whereas obstructing an engine or a carriage was a misdemeanour. Ho was not sure that he would take the plea. Laying the wood was not an obstruction, as the evidence showed that the i wood was removed before the train reached it. Mr Duncan said the train was stopped, and therefore obstructed. He could not have proved intent had the charge been felony. Some discussion ensued between His Honor and the Crown Prosecutor, as to whether the train could be said to have

been " obstructed " when it-was shown to have been stopped by Mr. Back before reaching the obstruction. ~% Ultimately the prisoners were ordered to stand down till the end of the day, but were then brought back, and his Honor said if bail could be found for their appearance at the next session to come up for judgment, he would allow them to be released, in order that he might in the meantime consult his brother judges. LARCENY. Frederick Sandberg was indicted for having on divers days, from the Ist of October last,, stolen certain property from one Bylove Sorensen. The prisoner who was undefended pleaded " Guilty." Mr Sorenren, who Avas called, stated that the prisoner had borne a good character up to this time, and that he considered he was rather soft. He should be * willing to take the prisoner into his employ for a time till lie could get work. His Honor said, considering that the prisoner had been in prison for two months and the good character given him by the "* prosecutor, he would give him a chance of retrieving his past. He would be sentenced to be imprisoned for one day. HORSE STEALING. John O'Brien was charged with having on the Bth February stolen' one gelding, thft property of Mr S. Brown. The prisoner, who was undefended, pleaded " Not guilty." Mr Duncan prosecuted for the Crown. , - The case was a very simple one. The prosecntor rode to Ashburton on the night in question, and tied his horse up at the Royal Hotel. Shortly afterwards it was missed. The horse was next traced to *" Wakanui, where it had been sold by the i prisoner. ; The jury after a short deliberation and without retiring from the box, returned a verdict of " Guilty." j His Honor sentenced the prisoner to two years' imprisonment, with hard labor. INDECENT ASSAULT. Peter Martin was indicted for an in- , decent assanlt on a child. Mr Stringer appeared for the defence. Evidence having been given, the jury * 1 returned a verdict of "Guilty," after a i lengthened deliberation. ; His Honor, after remarking in the severest manner on the nature of the offence of which the prisoner had been ; convicted, sentenced him to 5 months' imprisonment and to be twice whipped, the ' first whipping of twenty-five lashes to be , inflicted, a fortnight from date, the second twenty-five lashes one month from the first, pointing out that there was a laxity in parents allowing their children ** to go at large without some person to look after them. LARCENY. Bernard Neary, convicted of having stolen some jewellery, the property of one < Hugh Docherty, was sentenced to nine months' imprisonment with®hard labor. A BLUNDER. About five minutes after the Grand Jury had been discharged, the depositions in the case of Bnrringer, which had been heard in ' the Court on the same morning, were brought "in. His Honor expressed his regret that he had received no intimation that there would lie another * case. He could not recall the Grand Jury, now, and the accused would have to wait. . for three months before he could be tried. Subsequently Mr Mulish appeared in Court and had a conversation with the Judge,-* after which ~. His Honor said that if he had had any intimation that another prisoner would be brought up. he would have kept the Grand Jury. He could not now call back the Grand Jury. It was very awkward, as ifc now appeared that the witnesses and all concerned had been hound over (o appear at the present sittings. Mr Mullish had understood that the trial was to take place this session. ' His Honor was afraid that the prisoner must be discharged, re-apprehended, and again - be'brought before'Mr Mellish. The accused could not bo' arrested on the recognisances «• After some further conversation, his Honpr stated that if accused., were brought before him. he should discharge him. It would remain for the prosecution to take what steps they thought fit afterwards. LARCENY IN A DWELLING-HOUSE. William Henry Hudson was charged with stealing a revolver, the property of Richard Steele, on Feb. 24. Mr Spackinan appeared for the defence. Prisoner was found "Guilty," and previous convictions wese proved against him. The Judge sentenced him to ten years' penal servitude. ~* LARCENY AND RECEIVING STOLEN TRorERTY Henry Russell and John Walsh wero charged, the former with stealing, on Dec. 27, 1879, a cheque for £15 the property * of Frederick Redder, and the latter with, on,. Deo. 29, feloniously receiving the same. The prisoners, who pleaded " Not, Guilty." were undefended. Mr Dunean having led evidence to provo the case, The prisoner Russell handed up a long |i(tftenient, which created much amusement, 'particularly the allusions to his weakness for the fair sex, and his interviews with the various dramatis parsonce, which, detailed with peculiar minuteness, in regular yellow covered novel style, allusion to his devotedness to the fair sex beiug scattered plentifully throughout the document. In the course of it he compared his treat--* ment by Detective Neil in the case to that of Mary. Queen of Scots. At the close of the reading of the first instalment, the prisoner handed up a number of sheets, which Mr Bloxnm went on to read. These contained a tirade of abuse of Detective Neil. Like Mr Silas Wegg, tbe prisoner dropped his poetry, and proceeded to pour out a tirade of abuse on Detective NeiL

His Honor then summed up, and after remarking that the defence was one of the*' most extraordinary. compounds of imbecility, wild rhapsodies, and portions bor- . dering on blasphemy, he had ever listened to in his life, proceeded to recapitulate salient features of the case, and concluded by requesting the jury to dismiss from their minds any feeling of indignation which might be aroused by such on extraordinary farrago of idiotic nonsense as that put forward by Russell as his defence, * and simply say on the evidence . they had any doubt that the prisoners were guilty of tbe offences with which they were charged. The jury having found both prisoners "Guilty," * , His Honor said that' Russell was simply the mo3t impudent vagabond he had ever J

met in the course of his forty years' experience of courts of justice. He would be sentenced to ten years penal servitude. Walsh, though deserving quite as heavy a sentence, was an old man—seventy-one years of age—and he should not give him a term which would necessitate his passing his last hours in prison. He would be sentenced to penal servitude for five years. NOLLE PROSEQUL The Crown Prosecutor intimated that it was not his intention to proceed in the case of Ilegina v. Ellen Stokes for larceny. Tbe Grand Jury were then discharged without making any presentment. Tuesday, April 6. THE PRISONER BARRINGEtt. With regard to this case, it was discovered that accused had been committed " to take his trial at tbe next session of tbe Supreme Court." The question of his discharge and re-arrest therefore fell to the ground. HORSE STEALING. James Gardiner pleaded "Not Guilty" to a charge of stealing three geldings, the property of Michael Higgins, at Ashburton. It appeared that prisoner had mortgaged or sold the horses in question to two different parties, prosecutor and Messrs Friedlander Bros. Prosecutor having obtained possession of them, prisoner took them away. He now contended that he had done so on behalf of the Friedlanders, who bad a prior claim to them under a bill of sale. His Honor directed an acquittal, at the same time stigmatising the whole affair as a "most nefarious transaction" on prisoner's part. LARCENY. James Stephenson convicted of stealing sixty shirts and other articles, at Mount Somers, was sentenced to 18 months' imprisonment. ASSAULT, William Skedgewell was charged with committing an indecent assault, in August, 1879, on a woman named Elizabeth James. The prisoner was undefended. The evidence was unfit for publication. His Honor summed up. One of tbe jury stated that he could give evidence with reppect to a statement of the prosecutrix. The juryman and a constable gave evidence which showed that prosecutrix had committed three distinct acts of perjury. Mr Duncan thereupon abandoned the case, and prisoner was discharged. ATTEMPT TO COMMIT A FELONY. For an attempt to steal a cashbox, George Wilson, against whom fourteen previous convictions were proved, was sentenced to 18 months' imprisonment with hard labour.