SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 520, 8 July 1881, Page 2

SUPREME COURT.

The criminal sittings of the Supreme Court in Christchurch commenced on Monday last, before His Honor Mr Justice Johnston. In his charge to the Grand Jury His Honor said lie could notconpratulate them on the state of the calendar. They still had more crime in proportion to the population than in England and Wales, and this was not due to want of means ; on the contrary, it was rather a sign of prosperity, because a large proportion were offences which arise out of overindulgence in drink. No doubt it became every good citizen to assist as well as he could to diminish this vice, which was at the root of a large proportion of crime. His Honor then referred to the defects in our penal system, in that it was not deterrent, and that no means were provided for the separate treatment of prisoners. John Murphy was placed in the dock. Tke Deputy Registrar r»ad the judgment of the Court of Appeal in this case, and called upon the prisoner to say why the proper judgment ol the Court should not be passed upon him. Mr G. Harper appeared for the prisoner, and contended that as the conviction had been on an indictment as a whole, two of the counts in which had been pronounced to bebbard r the whole conviction was bad, and the prisoner was entitled to his die ■ charge. Considerable argument took place between counsel and the Bench, but His Honor was clearly of opinion that the judgment of the Court should now be passed on the four counts which had been held to be good. The original sentence of four years' penal servitude would now be practically repeated. The prisoner would be further kept in penal servitude for three years and three months. FORGERY AND UTTERING. John Scott was indicted far forging and uttering cheques for £6 and £15 respectively on the Bank of New Zealand in May last. He pleaded guilty to both indictments. His Honor sentenced him to two years' imprisonment with hard labour, and disallowed prosecutor's expenses. George Wood pleaded guilty to an indictment for forging and uttering a cheque for £1 Is. The police gave prisoner a bad character, and informed the Court that he was undergoing three sentences for obtaining money under false pretences. , Sentenced to three yearo' penal servitude. Thomaa Freeman, for a similar offence, was sentenced to eighteen months' imprisonment. George Saddler pleaded not guilty to an indictment charging him with forging an endorsement to a letter of credit for £50, on the Bank of New South Wales, Christchureh, on October 25, 1880. In this case it appeared that prisoner hid received a letter containing a draft which was meant for another man of the Rame name. He had signed his name to the endorsement on the draft and received the money. The jury, without leaving the box. found the prisoner ,l Giilty" on the lu*t count of the indictment, that charging the forgery of a cheque. His Hon thought thnt the temptation had lieen very great, the prisoner having obtained the letter of credit honestly ; and under all the circumstances, passed the lenient sentance of nine month's imprisonment with hard labor. William li.ik'T. convicted of horse stealing, wis sentenced to three years penal servitude Mark Kearvell pleaded guilty to two charges of robbery with violence. Sentenced to five years penal servitude George Thomas Lovett, convicted of Hteiling the sum of £8 from the person of David Murphy, was sentenced to twelve months' imprisonment. In the ciHo of Robert Richardson, charged with attempting to commit suicide, the Grand Jury found no bill. On Tuesday, George Thomas Hulston was indicted for having on the 21at May, then being the bailee of a horse, dray and harness, stolen the same. This was the case which has since become celebrated, owing to prisoner having gambled away the stolen property in a licensed house to the son of the proprietor. According to one of the witnesses, who, however, is under a cloud himself, not only did Lewis invite prisoner to throw dice for the horse and dray, and when he was drunk, but cheated him at the throwing. His Honor spoke strongly of the conduct of Lewis in gambling for the articles, as it must have been patent that they were stolen. The jury found the prisoner " guilty." The prosecutor gave him an excellent character, and asked His Honor to deal leniently with him. His Honor said that under the circumstances, and owing to the recommendation of the prosecutor, he would take a merciful \iew of the offence, and give him a chance of recovering his position as an honest man. He would be sentenced to the nominal punishment of one day's imprisonment, and it was to be hoped that what had occurred would have its proper effect. John Duncan, found guilty of setting fire to a house in Oxford Terrace, was sentenced to six years penal servitude. Thomas Hester Knibbs was brought up under indictment for having on May 7 last stolen from the person of Bennjaman Hurst the sum of £5, the theft having been accompanied with violence. Prisoner was defended by Mr Holmes, and pleaded " Not Guilty." Prosecutor was drunk when the alleged robbery took place, and his council urged that it was more than probable that what money he had had been drunk or gambled away. 'Ihe jury returned a verdict of "Not GuiUy,'- , and prisoner was discharged. Charles Geddes was indicted for having whilst acting as Treasurer of the Loyal Sefton Lodge of the 1.0.0.P.,M.U., embezzled certain monies the property of the trustees of the said Lodge. As the case proceeded the contusion in the manner in which the business of the Society hid been conducted, rendered the prosecution of the indictment hopeless and his honor suggested to Mr White the propriety of withdrawing the case. By direction of his honor, the jury brought in a verdict of " Not Guilty," and the prisoner was discharged. On Wednesday George Gustav Schmidt was indicted for having broken into the promises of W. Lewis and stolen a gun therefrom. The prisoner, who was undefended, pleaded Not Guilty.

His Honor pointed out that the evidence did not substantiate the chnige of burglnry. The prisoner made a statement to the effect that young Lewis bad borrowed money from him, and had given him the gun and cartridges instead of paying it back. The Lewis people had a down on him because he exposed their swindling with regard to Hulston. Young Lewis "* had first offered him a watch in payment of what he owed him, and then when he refused it the gun was given to him. His arrest was pure malice. The jury returned a verdict of "Guilty" of stealing in a dwelling to the value of £5. Owing to prisoner having been previously convicted His Honor sentenced him to penal servitude for five years. Eobert Duncan, convicted of embezzling a cheque for £52 15s, received a good character from the prosecutor, his employer, and was sentenced to tliree months imprisonment with hard labor. Eobert Pollock, for cattle stea'ing received two years imprisonment with hard labor, and a similar sentence was passed on Frederick.Fanning for easing a drunken man of his money. Alfred Walter Wright was charged with •malicious injury to property. The offence consisted in his having partitions, * grates, etc., from premise? which he had erected on leasehold property. Under His Honor's direction the jury returned a verdict of " guilty," and defendant was sentenced to six week's imprisonment at Addington. Another charge against defendant was withdrawn. This concluded the business.