SUPREME COURT.

Press, Volume LX, Issue 11508, 14 February 1903, Page 4

SUPREME COURT.

CRIMINAL SESSIONS. The criminal sessions of the Supreme Court were resumed before Mr Justice Denniston yesterday. THE STAMP ROBBERY CASE. The eaee against Walter E. Rose, charged with breaking and entering tne premises of C. G. Fryer, and stealing therefrom stamps to the value of £150, together with one gold seal and one gold ■watch, was continued. The accused, Walter E. Rose, in continuing his evidence, after accounting for his possession of some special lines, referred to several of the exJnbite tog«<aier, and stated that fhe stamps they contained -were very common, and he 'had had many bundles of them in Mr McDonnell's Bale before the burglary. He knew nothing about the cigarette, or bow it came to be in his office. It was at Fryer's request that lie told Bray be would possibly recover his seal. Hβ did not get any latch-key made at Mr Flatman's, or elsewhere. Cross-examined, witness did not suggest to Bwy to sue Fryer for £50 in regard to the retention «f tho seal. Robert Mc-Connal, solicitor, also gave evidence. Francis Le Breton, tailor, deposed that nearly a year ago he saw Fryer give Rose a packet of registered letter receipts similar to those produced. Six weeks afterwards lie picked up two others in the back yard, bearing Fryer's name, and gave them to Rose. William Mason, land agent and accountant, remembered looking for Rose on a Thursday afternoon in August last. He" met him in company with Fryer, coming out of the latter's office. Rose came out in advance of bis companion, and witness caw Fryer lock up the premises. From a memorandum in his pocket-book, "meet Rose," witness could identify the date as the 21st August, the afternoon before the burglary. This concluded the evidence for the defence. For purposes of rebuttal Mr Stringer recalled Detectives Ward and Hooper, who gave evidence briefly with regard to an exhibit of Cuban etampa. The Hatter further stated that he bad learned for the first time that receipts for registered lettens had any philatelic value. Mr Byrne then addressed the jury at considerable length. Mr Stringer followed and at 1.55 p.m., when he made his concluding remarks, the Court was adjourned till 2.45. On resuming his Honour summed up. He stated that the suggestion of the defence evidently was that, in order to be able to "make a poor mouth" to his creditors, Fryer had invented the robbery and the robber, with the secondary object of robbing the alleged thief. The evidence of both Fryer and Rose was very strong, and directly opposed, and in deciding between them the jury n«st consider carefully the probabilities of the case. His Honour sifted thoroughly the evidence given with regard to the exhibits, and on the subject of the seal and key. The jury retired at 3.45, and returned half an hour later with a verdict of "Guilty" against the accused. Asked whether he had anything to say for himself, Rose desired that he might bo allowed to retain two envelopes of Cuban stamps, which were among the exhibits. The request was noted. His Honour said that it seemed to him [to be a bad case. The accused had not ■ only taken advantage of liis friend, but, as a part of hk defence, had imputed to him, a crime which would have been much greater than that of the accused himself. Taking all this into consideration, hie Honour inflicted a penalty of twelve months' imprisonment.' THEFT. 1 Walter Birmingham (Mr. Kippenberger) pleaded "Guilty" to the theft of a pair of field glasses "belonging to James Colder, a leather bag, a water bottle, and other articles, belonging to Frank G. Williams, and a silyer watch belonging to Walter Bums, on board the troopship "Orient," during the return journey iron* South Africa. Mr Kippenberger stated that the accused had never had a chance of becoming imbued with right principles, in spite ot which there had been nothing against him until the present offences were committed. He was with two Contingents in South Africa, serving in the second as sergeant. A number of testimonials were put in as to the accused's previous character. It wae further suggested that a bad attack of enteric, just before hie departure from South Africa, might possibly have impaired his moral strength. His foolish i and extraordinary action in getting married after the present charges were tad, seemed a further indication of weakness of mind. . ~ . • -i. 'His Honour said that m hie opinion it only Bhowed the man's indifference for others. Mr Kippenberger pointed out that the necused, moreover, had never attempted to efface names and obvious means of identifr cation on the stolen articles. His Honour: "Yes. A particularly cool theft." The police stated that the man had been earning an honest livelihood before. Hie Honour said that, as there was more than oneycharge he could not treat the matter as a caee for probation. Taking into full consideration the accused's previous good character, he 'sentenced him to three months' imprisonment. -i INDECENT ASSAULT. An elderly man named John Lawrence pleaded "Not Guilty" to the charge of indecently assaulting a girl under the age of sixteen. , The offence was alleged' to have been committed in a boat at Corsair Bay, and very full evidence was given for the prosecution. It wae stated that there was no one about at the time, except one witness. The accused, who told a circumstantial story ato show that no harm had been intended or committed, declared that the bay wae full of people at the time. After a lengthy retirement the jury returned with a verdict of "Guilty." His Honour inflicted -a penalty of sh months' imprisonment. FORGERY. Hugh Mclrvy pleaded "Not Guilty" tc an indictment charging him with forging on the 14th January, a cheque for £4 14s. on the National Bank, drawn in th« name of Lawrence Wilson, and purporting to be endorsed by the payee, William Baxter. Mr Byrne appeared for the ac cused. The Crown Prosecutor explained that il was the endorsement which wae alleged t< be forged. Lawrence Wilson, farmer, Teddington said that on January 13th he gave th< accused a cheque for £4 14s for wages With it he gave him an 1.0. U., presentee to William Baxter by the accused, am given by Baxter to witness. The chequi ■was made payable to William Baxter oi order, and the accused was told that h< could not get the money witho* Baxter'< endorsement. * - G. H. Pe.irce, licensee of the Albioi Hotel, Lyttelton, deposed that he receive* the cheque from the accused after tirsi seeing him endorse it, but. did not notia that the endorsement was with Baxter'i name. William Baxter, tailor, Lyttelton, gay« evidence regarding the LO.U. The ao cueed had promised him the money whicl "he owed, out of the first wages he obtained from Mr Wilson. Witness understood af terwarde from the accused that Mr Wilsor had kept back this money, and was retaking it for him. Constable Moore deposed to the arrest. Mr Byrne explained the oircumetance* with the' object of showing that there was no intention of defrauding anybody. The accused was found guilty, and sentenced to «ix months' imprisonment. The Court then adjourned till 10 o'clock this morning.