SUPREME COURT DUNEDIN.

Cromwell Argus, Volume V, Issue 232, 21 April 1874, Page 7

SUPREME COURT DUNEDIN.

■ r —- ■ —•"■"• -»•••■;•■: —-; v ■ :■ ,: "i Friday, April Is' ■'. . ; ' ! "''';, •■;''. EMBEZZLEMENT,, .-,' | ' \j Sturrock, who had been acquitted on the previous day on a charged embezzle- ' snenfc, was arraigned upon another indicttpm% charging him with having oh the 3rd November, embezzled the sum of 125., the property of his employers, .Messrs .Dewar and Hisdop. A. second count in the information .charged, the iprisoner with having on the 11th of November embezzled the sum of £1 15s, Ud.j.the property of Messrs Dewar and Hißlop The prisoner pleaded Not Guilty, and. was.defended by Mr Stout. The prisoner was appointed by Messrs Dewar and Hislop to collect debts in an insolvency case in which they were trustees. The two stuns mentioned were part of £27, which prisoner admitted having collected, but none of which he handed over. The Jury, after teti*mg, returned a verdict of Guilty, and the prisoner was sentenced to twelve months' hard labour. BURGLARY. .lohu Fearonwas charged with having burglariously entered the premises of James Paterson, High-street, on the night of the 12th of January last. The prisoner pleaded Not Guilty, and was defended by Mr Barton. When the case for the Crown was completed, Mr Barton announced that he had thirteen witnesses to call for the defence. As it was after five o'clock, His Honor de- ' cided to adjourn, and the Sheriff was instructed to find suitable accommodation for the jurymen.

SATURDAY, APKIL 11. The trial of John Fearon, charged with burglary, was proceeded with. Nine witnesses were called for the purpose of proving the previous good character of the prisoner, and an attempt was also made to show that he had a previous acquaintance with Mr Paterson's servant. The Jury, after an.hour's deliberation, returned a verdict of " Not Guilty" upon the first count of the information, but found him Guilty on the second count—of havinji been on the premises with intent to commit burglary. The prisoner was remanded for sentence, ■' ''' Monday, April 13. John Fearon was sentenced to eighteen months' imprisonment, with hard labour. MANSLAUGHTKR. Thomas William Quelch Honey will was indicted for the manslaughter of Agnes Smith. The prisoner, who was defended by Mr Mowat,, pleaded Not Guilty. At the desire of the prisoner's counsel all witnesses were ordered out of Court. The evidence of the husband, the mother, and of some fem&le neighbours was taken ; and then Mary Ann Luke deposed she was on a visit to Goal Creek, in December last. While there was called in to see Mrs Smith. Witness was a midwife, but did not visit Mrs Smith in that capacity. Had been a midwife about 27 years. Asked Mr Smith to go for a doctor when she learned the state of affairs. On examining the patient, she found it was, a very bad case, such a one as she would not undertake. It was a cross birth, and the child's arm was born. Honey will on his arrival was in a very excited state. He pulled the child's arm very forcibly. Witness told him that he had no right to do so, when he denied that he had. Witness afterwards told him that she did not think he was a competent surgeon, and that he had better send for additional medical assistance. She said to him, " You have killed the child, and if you go on in the same way with the mother ' you will kill her soon." Deceased several times asked witness not to go into the room. He said he would put her all right in a few minutes. Shortly afterwards he said he had been insulted, and should leave, aud did leave in the absence.of Mr Smith, who had gone for another medical man. Twenty minutes after the arrival of Dr Thompson, the child was born. It was dead. Considered that Dr Honey will was drunk while attending the deceased. Cross-examined: Had met with a similar case before. Had met with several, but only Temembered one distinctly. .In that case Iboth child and mother lived." Considered such cases very dangerous, and would not treat them if medical men could be got. Did not know there was anyone nearer than Dr Thompson. Alexander T. Thompson deposed he was a duly registered medical practitioner, residing at Clyde. He was called in to attend the late Mrs Smith between 6 and 7 o'clock on the morning of the 10th December last. He arrived at Coal Creek about half-past 10. He was told that deceased had been in labour since the previous evening. On making an examination, found that the right arm of the child was born. The woman was in a state of collapse. Her pulse was scarcely perceptible. At once saw, after making the examination, that the child must be turned before it could be born. The child at this time had been dead some time. Witness then proceeded to turn the-child, and the woman was delivered. He found no difficulty in doing so. From that time had no hope of her recovery, as hceniorrhage was going on. When he went away, he left medicines, and instructions as to how the woman should be treated in his absence. Returned on the following Iday about half-past three o'clock, and found her still dangerously ill. He returned again on the 15th, haying been telegraphed for. Found her very much worse, and informed | her husband that, she was dying rapidly ; and | the same evening she expired. Dr Stirling j

afterwards made a post mortem examination in the presence of witness. The causo 'of death was peritoriitis, resulting from rupture of the womb. In the taso of an arm presentation, turning the child was essential. It was certainly very dangerous to pull the child's arm, as is said to have been the case here. Under no circumstances would it pe proper. It was sure to kill the child, and endanger the mother's life. , The witness was cross-examined at considerable length, but his evidence was not in the leash shaken. The jury, after a short absence from Court, returned with a verdict of Guilty. His Honor deferred sentence until the following morning. Tuesday, April 14. ~ Thomas William. Quelch Honeywill was brought up for sentence. He made a statement to the effect that had Dr Stirling and other medical gentlemen whom he intended to call been examined, he would have been exonerated from any blame in the matter. In conclusion, he said: "Before you pass sentence upon me, I will say this—it is the weight of punishment and not the sense of guilt that oppresses me. The death of Agnes Smith does not lie at my door." His Honor informed him that his only plan would be to state a case for the consideration of the Governor, who, if he saw fit, might remit sentence or might pardon. The prisoner was sentenced to six months' imprisonment. ASSAULT AND ROBBERY. Stephen Toomy, a middle aged respectablelooking man, was charged with having, on the 18th of February last, assaulted one William Schmidt, and with having robbed him of £3 Os 2d. and a pocket-book, valued at two shillings. The prisoner pleaded Not Guilty, and was defended by Mr Barton. The evidence was by no means satisfactory, and the Jury returned a verdict of Not Guilty. . • The Court then adjourned till Friday.