SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 572, 6 January 1882, Page 2

SUPREME COURT.

CRIMINAL SESSIONS.

Tuesday, January 3.

(Before His Honor Mr Justice Johnston.)

The criminal session of the Supreme Court opened at 11 a.m.

The following gentlemen were sworn as the Grand Jury :—Messrs James Gapes, senior, F. H. Brittan, W. D*y, F. Taylor, H. J. Hall, W. Reeves, J. Fulton, 0. Louisson, R. Steele, J. Inglis, H. Hawkins, 0. Wansey, R. J. S. Harman, J. T. Ford. Mr Harman was chosen foreman of the Grand Jury. His Honor delivered the usual charge to the Grand Jury. He said he was happy to be able to congratulate them upon the opening of the new year on having as light a calendar of cases as had been before them for years past. He could not see from the depositions that there was any indication of the growth of crime, and he trusted tbey could now be congratulated upon the fact that there was nothing in the cases before them to show that there was any formation of a criminal class. This was due no doubt to the fact that the members of this had to a large extent been traced out and sentenced to long periods of imprisonment. An examination of the cases on the calendar would show that there were no charges of robbery with violence, nor none of those which had been before them on previous occasions of robbery of drunken men. Therefore, he thought, they might congratulate themselves upon the fact that in this part of the colony crime was decreasing, and also that there was no evidence of the growth amongst them of organised gangs of criminals. During the past few days they had lost by death a gentlemen who had for years occupied a place on the Bench of New Zealand, and who had been connected most intimately with the early history of the colony. By his death they had lost an upright, genial, and educated gentlemen, one too who had identified himself most thoroughly with everything having for its object the advancement of tbe highest interests of his fellow colonists. Still more recently they, in this patt of the colony, had sustained a great loss by tbe death of a Magistrate who was universally respected throughout the district, and who had won for himself the confidence of the supreme tribunal of thu portion of the colony. And yet again within the last few hours the intelligence had reached them of the death of a most genial courteous gentlemen, who had in his capacity of grand and special juror rendered great services to the colony. It was not for him there to enlarge further upon these events, but be could not allow the opportunity to pass without addressing a few words to them upon the matter, and expressing to them the regret which the events be had referred to had caused throughout the district. His Honor then proceeded to comment on the cases in the calendar. LARCENY FROM A DWELLING. Morgan Harper was indicted for the larceny of a watch from one Thomas West. The prisoner, who was undefended, pleaded " Not Guilty." The facts of the case for the prosecution were that the prisoner was lesiding with the prosecutor, who is a hotel keeper at Upper Sidwyn. Uu tbe day stated in the indictment the prosecutor look off his vest, in which was the watch, in a scullery. Shortly after this the prosecutor missed bis watch, and ultimately it was found in a sack which was used by the prisoner as a mat I ress. Evidence having been led by the Crown, the juiy returned a verdict of •'Guilty." his Honor sentenced the prisoner to four years' penal servitude. HOUSE STEAL "NG. James W. Crautree was indicted for horse stealing. The prisoner, who was defended by Mr Holmes, pleaded " Not Guilty." Mr Duncan said, that though the Grand Jury had found a true bill, he did not, after consideration, think that the case presented that felonious intent which was necessary to make up the crime of horse stealing. Hence be did not intend to proceeds with the case against the prisoner. His hono r ßaid, that on reading the depositions he was quito with Mr Duncan on this point Mr Duncan having entered a nolle prosequi, the jury, under the direction of bis honor, returned a verdict of '• Not Guilty," and the prisoner was discharged. BREACH OF THE MARRIAGE ACT. Edward James Hunter was indicted for having made a false declaration as to the age of one Mary Ellen Hewson with a view to inducing the Registrar of Marriages at Kdapoito issue a license for Marriage between him and Miss Hewson. The prisoner who was represented by Mr Holmes pleaded " Guilty." Mr Johnston, the registrar, in reply to Ids Honor, stated that the fact of the false declaration was brought to his knowledge by the father of Miss Hewßon, and he referred the matter to Wellington. He was tben instructed by the RegistrarGeneral to proceed in the case. Mr Holmes desired to call witnesses as to the previous character of the prisoner. His honor said that ho would take the good character of the prisoner as proved. He should sentence the prisoner to sidays imprisonment, without hard labor, and to pay a fine of £10 to the Queen, and to be imprisoned until the fine be paid. INDECENT ASSAULT. W. H. Sutton was indicted with having comuiitleed an indecent assault on Dec. 16th. Mr Stringer appeared for the defence. The principal portion of the evidence having been read over, the jury retired to consider their verdict, and after an absence of three-quarters of an hour, returned into Court with a verdict of " Guilty," adding a stron_ recommendation to mercy on account of his previous good character and the fact that the parties were drinking together at the time. His Honor said he would take into consideration the recommendation to mercy, and pass the comparatively light sentence of twelve months' hard labor. RECEIVING BTOLEN PROPERTY. Danial Mark was arraigned on an indictment charging him with having on the 21st October last feloniously received two pieces of tweed cloth, the property of Jas. Wyville, well knowing the same to havt been stolen. Tho prisoner pleaded " Not guilty," and ivas defended by Mr Joyce. After "hearing evidence the jury after an absence of a quarter of an hour, returned into Court with a verdict of " Guilty."

The prisoner was sentenced to imprisonment with hard labor for eighteen calender months. LARCENY. Mathew Keen pleaded "Guilty" to an indictment charging him with stealing •one watch, one chain, one locket, and a book of tickets, value £16 16s, the property of Archibald Mclntyre, from the -dwelling-house of Jamea Mutoh. There was a previone conviction. Sentenoed to imprisonment for two years with hard labor. FORGERY AND EMBEZZLEMENT. William Womb well Charlers waa arraigned on several indictments charging him with these offences. He pleaded •"Guilty" to two indictments «of three counts, each charging him with having at different dates, extending from November 1880,-to January 1881, fraudulently applied to hia own use various sums of money, ammounting in all to £920, belonging to the Christchurch, Sydenham and Suburban Building Society (Permanent), of which iie was at the time a public officer. The prisoner pleaded "Not Guilty "to an indictment charging him with having on July 28th forged m acceptance to a bill of exchange for £147 12s sd, and with having uttered the same on August tthe SBth, 1880. He was defended by Mr! •Joyce. Margaret Chapman deposed that she was the wife of John Chapman, farmer, of Heathcote Valley. She had some property of her own, and prisoner acted as her agent from April, 1880, until about the time he went away in 1881. Did not give him any authority to accept a bill of exchange for or draw one upon her. First saw Ihe Bill produced when Mr Tipping brought it to her on the Thursday before 'the Saturday when Mr Charters went away from Christchurch. The acceptance was not in her own hand writing. She was sorry to say she could not write. Prisoner never told hor he had accepted a bill of exchange for her. In February, 1881, she got a receipt for £64 4s from Draper Charters and Co. She saw Charters write the receipt. Cross-examined—Asked Prisoner to reoeive tenders for building a house. The cost to be £164. The house was finished at the end of April. The total cost was abcwtt £170 Charters paid about £90 to the contractor, and when tbe house was finished witness owed him about that amount. He was receiving rents from these houses on her account at the time. Tbe receipt which had been produced in Court was a final one, aud wound up the account, and witness owed Charters nothing now. Prisoner went with witness to the Saving Bank on one occasion to draw some money out, and she gave him authority to sign her name. It was r.ot possible that she had given him authority to accept the bill of exchange in her name, and had forgotten all about it. John Chapman, hut-band of tbe last witness, said he was never authorised by his wife to sign the acceptance produced. nor did he authorise anybody to do so in her name. Cross-examined—He had never seen bis wife give receipts for money. She signed a deed once, writing her name over a pencil mark. William Tasman Twinning deposed that lie was a teller in tbe Bank ot New Zealand. Knew the accused's handwriting. He had an account at the Bank in the name of Draper, Charters and Co. for two or lbree years, up to the time of his departure. The acceptance produced was discounted on tho 28th July, 1880, for Draper, Charters and Co., and tbe amount placed to the credit of that firm. The body of the bill was in the hand writing of the accused. The signature to the acceptance—Margaret Chapman—was unknown at the Bank. He examined it through a powerful magnifying glass, and com pared it with the receipt produced, which was in the hand-writing of Charters. Parts of the signature were very much like the writing in the receipt. It waa usual to put bills for discount into a Etoxin the Bank, but he believed it was handed in by the accused. Crosß-e-arained —It might have been put in by Draper. Did not think Draper coyld have accepted it also. Tho bill remained overdue from Ist December until some time in March. It was debited to Draper, Charters and Co. Before being discounted it lay in the Bank some time for collection. It was possible for the accused to have drawn the bill out after it was discounted by giving a cheque. Edward Tipping was the next witness called, but he did not answer to bis name. Mrs Chapman, recalled, deposed that the Mr Tipping who brought the bill to her was the father of the Mr Tipping whom she heard afterwards was a partner in the firm of Tipping, Charters nnd Co. W. J. Twinning, recalled, deposed that •the firm was called Tipping, Charters nnd Co. about a month or so before Charters went away. This concluded th« case for the prosecution. * Mr Joyce having addressed the jury on behalf of tbe accused, His Honor summed up the evidence, and the jury, after consulting together for about ten minutes, returned a verdict of " Guilty." His Honor asked the Crown Prosecutor what he had to say with regard to punish ment. Mr Duncan «aid there were numerous other charges -of embezzlement besides those which had been brought. The prisoner before sentence was made the following statement: — V" I have to say with regard to the case of forgery that I must bow to the decision of the jury. _t the same time I state here before the Court that that bill was not forged. I signed it at the request of Mrs <|Chapman, in consideration of the amount she owed inc. With regard to the building Society, although the Crown Prose-cut-sr has stated that there are other amounts, at the same time I think I have pFeved to the satisfaction of tbe directors that although those ather amounts were charged against me they had no right to be ; and I have done all I can to restore X a very largo amount that was falsely charged against me. At the same time *%iy late partner is dead and gone, and I ; don't wish to say anything about him. ; But had he been living the thing would havo been very different so far as I am .concerned. I should not bo here bearing *he-brunt of all this. I have a wife, your Honor, and a fine young family, and this is the first charge, that has ever been brought against me. I am only a young man— twenty-six years of age—and I can only throw myself on the clemency of the Court, I can say no more. I am sorry 1 went awftj'j nnd I am only glad I came Itnnlr ami tun hc>rf» fn tfllrfi mv trial, and

that the thing has been aettbd, for I should never have felt at rest until the thing was settled. At the same time my partner is gone, and I don't wish to say anything about it. That is all I have to say." His Honor sentenced the prisoner to penal servitude for four years for each of the two indictments for embezzlement, the sentences to run concurrently, and a further term of four years for the indictment for forgery, making in all penal servitude for eight years.

Wednesday, Janumy 4. ARSON. Bridget Pagne, accused '©f setting firo to a house in Oxford Terrace pleaded not guilty. Mr Stringer defended. Accused was acquitted after the hearing of lengthy evidence. LARCEXCY. ■James Marshall and Thos. Peart charged with stealing 74 sheepskins from J. T. Ford and others, were defended by Messrs Stringer and Holmes. Both were acquitted.