LAW REPORTS.

Dominion, Volume 2, Issue 504, 11 May 1909, Page 9

LAW REPORTS.

'. SUPREME COURT. CRIMINAL SESSIONS. "' . Thero was a largo .attendance at'tho Suf. i premo:-'Court yesterday wliori. tho second ■ ..v, criminal sittings for the year wore oponnd, j ,v Mr. Justice* Chapman presiding. , THE GRAND . . Tho following constituted tlio Grand Jury: —Mr. A At Corrigan (fdioman), and ?//..■ Messrs., James Ileiiuio, .Walter ■ E. Pearson, »;■ : r Chas. A. lirigga, O. H. Taplin,. Jas. Jamio- :.■/. Eon,• All". E. Kctnot, Alf. Harris, Wm. • Clay ten. Sydney Broivli, Geo. B, Hull, Tlios. . Warr.ocK, David ;; Robertson, John Prouso, , : Thos. W. Pilcher. Arthur Blacklock, Samuel , i Mackay, Neil Galbraith, and Wm. .A. Mowbray. i ; HIS HONOUR'S CHARGE. K';'i Addressing .tho Grand Jury .his • Honour remarked that, ta,ken as a whole, tho eases J.': '//S't; did not disclos'o ■: anything.' that need cause any feeling of disquiet as to tho condition :., of orimo in this largo district, 'l'hore wore ~somo fourteen or fifteen ' casos,;. most . of :;which were of an ordinary description. The first;,caioto/which;!he iwould .draw attention was a .somewhat peculiar, oiie. . 'It seemed 'that a man namcd'M*MllW expected to re- . eeivo a sum'.of money by means of a p.o. or ... ■ . m.o. When' ho went to the post, ofiido .there was,: he foundj such' a letter - for a man -.named M'Slullan, ;for • which lie-gave a / re- >, i ceijrt. He also sighed an • for the proceeds,- which.;amounted not to 205., "■ which apparently, lie:.expected,-but .to £20. .The Biiggestioh was that his act was not an ■ innocent/.one; that lie must liavo known - that' -he'-Was'; taking; sbhieoiie else's iuoiley. jiivM ■ '.There . were a number of cases of robbery, rstealing from the person,;and so.on. These h v '','V were, cnaracteristicf cases "of what -.he; might; f j...!... term 'town robberies,',' pr' ■: f.'public-houso. i. : robberies," whero drunken; men; who wero, "■V Been to possess. money, wero; followed and /■ robbed.;t,lt::'often;'seemed .'reteafkjblo that'a; . r crime/of ;the.

: .presence 'of : onlookers;. but suoh was . tlio • case. In one of tho cases,' an-offence of tho. 1 , kind was wilncssod'by an hotel who • : followed the- alleged culprits ;to another 'hotel, whero ho identified .them for. tho police. There uas i also a d.l'so in which n •■■■j ';;;.'Chiribse. at^OtaJii'was'''alleged to have been the victim.- It would bo for tho Grand, Jury ''. to . - decide .whether... ho had ' been robbed;■ as ■■■■:■ well'-, as assaulted;.--In <n!gard to ,tho' case of tion, it was suggested that goods found on. ■. tho accuscd woro. portion of, the proceeds of , ■;.. the .' Another case, of burglary would . probably; not mvoittliy difficulty, 68-. tho ac- . .>cused had made a statement withreference: ... to tho'offence. ; The accuscd, llehlingway, k : !S.managed to.open certain : safes'■ at tho post; ' . • olßce by iiienhs of - Vko.V, and then tlytiapvp; mited them in -order to lead, it to be sup-, posed that,he had not beeli;in possession of ' ;ke<p.">: iv" ;i* i THE CASE AGAINST MAY HALLEIT/ • • . There was one' other, caso. in regard to • ..which, ho. had to make, a few; observations. .This : was : ; a charge against ;woman ' , flamed Hal'ett of having obtained £50 from .a Mr.; Clifford by means of a falso pretence. - So far as tho .grand jurors: wero concerned; .'. their .duty 'was .merely, to. , ascertain' Whether • tho evidence '.showed tho inducement, under : ; WJiich the money wa3 parted witll by way of ' loan, was a fraudulent pretence'or false • ■statement, knowingly made. " , Bhortly s the facts : were that the : yduhg ■ woman reprc- •:. scnted hersolf. as-boating't-lio namo of Camp*. bell-Baainorman. t' .That; was not an' every- . • 1 day .-namo,: Wid. oIV tlio taco of it . a person ; bsing that iiamo might reasonably be con- -. sklored io?suggest. that ; she was in somo way. . related to tho lato -l'iimo Minister of- Etig- . .landi • 11, was, in fact, 'suggested that she masqueraded rts h relative of the late Sir Henty , Caftipbell-Baiihetman,. and In; this way mado tlitr acquaintance oi several pcr-/riH'x-'fwn4^h6t6j:>iflttludiit^:th.fe6ne*frolh! ' obtained the';ium lii-questioftj;. It was'statod ,; • • by-3lr. Clifford ; that lio would - not liavo - 1 ,;. parted with tho money .-to oh' unktoyivn person . beanng hof owfl hitmo, but lie parted with„Jt { supposihg that tho person who had as&ed for tho " loan W as, as sho ro- , presented 'horself, a Miss Oampbell-Banner-v?' v '' Other representations, on which it 'wasi'al- ' leged ,Mr. Clifford had relied, woro that accused V father was in Canterbury, ivhero' he- • ? : : was looking for a placo which ho could lease 1 ,/v or .purchaso,';and at the moment was on a' . fishing expedition—all of which, suggested ' ; : v..thathd was a:man of some meana, and tliat. . -. tho Joan might be looked upon as a teinpor- ." .•.. B fy.a , Fa i f- It w ; as suggested that, tho story 'abotrt /A tlio; father- was. wholly~fals©,''and, fur-' ;. ..' ther, that- Jlr. Clifford thought, that'he was , dealing with a totally ; different, person than accused, who bartftaid oi 1 had recently been, so employed. It was for tho grand jutors t6 say- whether there was a prima • . facie case Sf.wilful misrepresentation on'tho : part of accused, 1 ' And, whether Mr. Clifford Mrted.on such a representation -in ' Undine " the moncj. , b :; . , In conclusibn, hia' ilohbur sai<s tiiat li<j : :it!^g h V™ his coneratu- , lations on tho general absence, of criino here. : P?° conld not expect tho affairs of a la'rire ...city and district to .bo conduced without ' any enmo.- Ihanks to tho. vigilance'oi t-lio ' • over ' e eneral «>"" ,- r Sib U l3 '' h ° . TRUE BILLS, the Wlo»"7charg r ef- 6d ' res P ect to Pi'i'y ' Wc] - Nerir, alias Curtis, theft, WellingMichae l Herhhy, theft, Wellington. -. Alfred Burnicle, alms ,'Jas. l'carce, break:V-;; "ig, entering, and theft, Vdllihgton '.' ltagb ' theft from tKe Criminal as " Alfred James Cook, robbery, Otaki. 'i. ;vi„ , rt See fe assault, with intent to do .. -bodily harm, Wellington. .. . . • y. \ lington olfe ' from tho person, Wol- : - t^. orn , a r d - Sm'th, criminal assault, Wellibg. th^Wem u sr ay ' breaking ' ente,ing ' Nt) BILL. ' ' With regard to tlie following charge no : ;-biJl: } was returned •-. • \ ' Edmund Meehan, Prirainal assault. ' THREE BIG CITY ROBBERIES. HEMINGWAY RECEIVES THREE YEARS. : : James Hemingway, a> young man, pleaded ' guilty to the following cnargo:— ; : That ho did, on or about January 10, at Wellington, break and enter tlio ■ G.P:O., Parcels Office and steal from a ' .. : safe therein one silver watch, two dia-pinSj-6ne gold, cliaiii, one gold ring, one silver cigarette case, ' two silver -:.■■■/; matchboxes, ono diamond ring, one pair of gold-rimhied spcctaclcS) oile .silver pencil case, and one silver tankard, - of a ■ ■ - ■ total yallio .of ; £39'125.. 6d, j also four ■ cash-boxos ■containirig £31 103. fld. ill x ; , money; , ahd ,stamps valued at £60 7g. 2d. j also a reglsto od piiicol containing 40G ono-pound cancelled Bank of iNew .• . Zealand 'notes, '44.five-pound cancelled : Bank of. New Zealand Holes, and eight ■' ten-pound cancollcd' Bank of Neiv Zealand notes. 1 i . Siibserjiientiy -prisoner '.was' presented for ;'• j y ;seritenfcd fof,,the; above ,'offiihce, .also; for two other crimes (which he had also admitted) as follow:— ■ . That botwoen. Decehlbor. 14' and 15, 1900, at AVcllington) bo did break and enter tlio premises of the Goverrimefit I Printing Otßcc by'flight;'and.steal'69s ' £1 sheets of penny stamps, 12 £8 sheets ' or. '11 £16, sheets, of ss. ■Stalups, of a total , valuo of £850, tho prdperty of tlio New Zealand Govern- : fflfent.'',;?V*:.. :That.between December: 13 and 14j •'';'lßo7;Vat; ; W6lliu^oii,'i''ho : ;dl'd break ana ,

. ontor'the promises' of Whitcombe -and Tombs by night, and steal a largo qunn- . tity ... of , fountain pens, ■ ladies'; puraoS). ' / etc.,'valued ;aV £Uo.;': /' ;. Before counsel addressed the Court on behalf of Jessie Hemingway,' his mo-, ;ther,. deixised. that, in Decern per,, 1906, she. !bampiacross the stamps which., had; . been: sfolen from tho Government 'Printing Office. As she knew that tlicso would incriminate, tho lad, sho herself destroyed them. Her son told her 'that ■ if' she 'informed, anybody he would Bhoot himself. , She'had not told .anybody, - not even her' husband; until ! last week; : Goorgo Norton, who was at ! dtlo time pri-' sonor's stated that.lid had always found, him' trustworthy in every way. If prisoner' wah'ted a job at any timo he would employ him. " Mr. Wilford said that he had found it an oxtreriiely; diflloult cflse. To the ordinary observer the fcrinio inight bodisinissed with tho.: careless thought that prisoner was asregiilar . criminal./ As/far- as. no,could learn, there was absolutely no criminal tailit in prisoner s family. / Then, again, there was • nothing in conricction with his environment which would load him. to, crimp.. '.It. appeared that pri--spilor liad Olico noticed a paragraph in ono of. tho local papers to .the elfcctv.that, owing, to! tho system, of ..alarms, etc., it was impossible for .'anyone, to 'rob the Government' Printing Office. To the ordinary casy-goinjj; person tho paragraph meant nothing, but to a person of prisonor's; temperament' it was a kind of challenge not to,be beaten; Prom' the,evidence of,his mother it was clear that the Stamps .Department, oulv. lost the cost of, producing; the stamps. Then, again, • oil; the. anniversary of the date of the'crime ho, broke into ilessta. .Whiteotnbo/and Tombs'? 'premises. ; Of the goods which he stole there lie gave a few,'pencils away , to . friends, and threw the balance in the sea>'.- Nearly another year passed before he robbed the parcels office.of tho GiP;o:,;a crime which .required ingenuity arid audacity. ' . What caused him to oommit. that crime was unadulterated'coliceitf":Ho;opened.the safe in such a way as; to 'tirdveiit suspicion falling on'the employees, and, in daylight, walked out', by the .front; door.with tho proceeds,of Ithejrobbery in his; hand."'This, was the acme,of supreme adulation; .the' crowning effort: of a' conceited man. It- was -difficult to. estimate-how"much had been, lost -through .liis/actiori.'ih .repairing and. passihg ;the liofes, ;.which ;;lt6; stole' from .tho; parcels office. Prisoner Had pleaded/guilty to' all. the.'.offeiicca.' • He asked . thatjmercy" ■miglit.bo'erfendcd.: : t6, : .him.;./v;':-;^o^ Itoplying to his Honour,:>tho'CrowniProscciltor- stated /that prisoner.waß'botnan Taranaki; and had ill turn- been a catpentor,' boiit-builMri aid 'clerk-. H6 had<sppiit'.about; nipnths ih;.'.'SpUth;:;Afric^ wero very respectablef -aiid his •• honle sur- i roundih'gs .good, ;Tho /period;'during .which: prisoner had/passed notes ■ which '. ho . had;'; stolen, was "three; milnths. Ih all he, had re-' 'pajredfabpiit, two hundred,arid twenty riotes,,' of which lie passed .one hundred. . ';. His' Honour «said that, as prisoner was a; young man, ho proposed- to pass a sentence', .which many/Would think was quite inadequate. All the/bffohces : an, expert', cliaracter. . I'or.;a young .man. w(io had- cnjoyed''respectable', associations, tho.vSpntencb Woilid bo a severe one. .It might. be that; the first'olfence/was committed v out of bra-, vadpi':; and;;.the' circumstances might be. considefed: to' point in tho same/direction' so far,a&',tHo sccorid',olfenco . .was/concerned,; :though there was very .little doubt;that; 'if prisoner Had found 'money or' anything that might bo ma<Je valuable, lie would.havo car.rictl it■ off.tN.With-regard' to. the, third offence Ho osplahatioti that ■ coUld bo advanced ( to account for the first two crimes would apply. ,It;-lriight kb 6* that .the suggestion .that pri,'B6ij3r;lik'cdV. to /overcome obstacles..was '.Ihd c<i;reci,' 'e^plftn.ft.tipin,of' the, first; tivo qffenccs. By the,time when the. third offenco was coinniittedi.:prisonbriliad developed;into a regularehminah . Ho (his' Honour) had to tako into 'bonUdilrawfi' f)t£fc.'.ibati three I 'faontlls 'priSfofaet.i'Cp&tiiiUddthe .rioteS ' which. ito/Say,': *ith prisoner s parents; who were, highly rospectabloj but ho felt it: incumbent, ncvorlholess, ...to. .pass a. sfentenco of. three. years oh .each 6%^ttd';^Htoaci»''tp'l»'^hcui / .\v 1 ( THEFT 1 AT TAIHAPIE., v /Seritenca ' ' also . passed, - ,011 '-Frcaer'ick ~ 'Anhsttougi ■ alias George Plubh, who had plfeaded gililtj; at Taihapo, to four charges of ■:th6fiFo]©VJ'itzgibljb(i. ; said that, for the past i ■ riirife"-'orSten> years;; prisoner . had \been, hard working,.'and/had '.led, an honest life.. It was/clear /that' .prisoner : did "'not I ..belong' to 'class, and was therefore worthy '.of:.the": ; .leriiency,;of:' the Court. z.All tho. : offences -;in; quostion' had beeii committed within a.. brief':.period, and wero .the subject of a ' singlo .lapse. ' Then, 1 again',' ho' - was asked to mention that; prisoner's wifo waß in delicate... health.; If; the; Court; ordered: hirirto como up for .called/upon, ;itwould; he'/u'rgedj tileit' th^!Paso.';' '/.; / : ..'Roplyiiig/to tile 'CoUrt; the. Crdwll Pi;d'secutor stated that prisoner .caiiie to Now- Zealand from Now South; \Vales' four or fivo years - ago-. . 11l ;i Marisb, ; ; ! l9oli"v prisoner was .spntericod to 18 .montha' imprisohnlent for :breaking and entering;,iri New'-'SoUth Walfes,.

His; Honour said that prisoner had shown a' considerable:(amount' 0f..• dexterity in; ipakihg. 'or 'gottirighold. of.;the key with which :'he/br6kovi^to ? certaiii';.safeii ; :.Bjj. v the."tFay ill' whibh ,h.6; had '.cStiiihitted ' fclio' ;cf , ime, it: ; was .evident:that :li(s know., 'a! goad deal, about that, kind. of thihg;' had. had- a 'fair jamount of - crime./; Ho_ would tfcneed imprisonment;'' with hard labour. ; allege!) 'Assault And robbery. - William Thomas, John Trainor, and.Goo.Williams were' thell, arraigned on;a',bhargo.of having) on. Fobrlidry 8 last, : robbed:' James .Garter..of 6s.,.arid,''at the same time, used' vioieiioe toward' hitil.Prisfliiers pltoded' ■'not guilty." iTraiuor; was defended by Mr. • Bolton; 'Thomas aiid; WilliaihVweftS 'itoti i'tijiresented by counsel.' : :.v ; Tjpon oath,' Carter stated' tbat,j.-'.oaii> the rtfternoon'.iii'question,-,'He seciir&l from 'Bakei' Bros.:'a,cheque for'.Bos. ..He got it cashed, sind: placed the proceeds in two handkerchiefs. .''After visiting sevferitl hotels, he. reached. the Cricketers', Arms, ; wbete hd saw _the accilwd. Whilst he was in an outbuilding Trainor. put his arm round his nribk; and "Williams endeavoured to Vransafck'. his pockets.; vThon ono'of them, struck liim.under. the ea,r,' rendeVing him partly insensible. When ho foil to. tho floor some.money which dropped from his clothes was taken by his assailants. Ho then callcd out "Murder," and "Help," and bouicbody camo to "his assistance! : v Chas. Hancocks,, .barman at' the .Cricketers' , Arms Hotel,. deposed that; he was a witness of the'erimfe. ' Williams went up.to Carter and remarked: "1 think I knoiV you."' Ho advanced one hand as if to shake hands, and, with'tho other,'ciught. Carter by the.throat. Then tile three ateiised iveiit through Carter's l)ocket3, after which they threw him on, the ground,; declaring that, if Carter called out, tlpy, would I'do',' ; for him.. At that':, stage witness opened a gate and rushed at them. He followed them, dowii the street,to hotel, tvhefo '110 s pointed theih;'but to'-'. tlio, police, ... .... TJluler oross-cxamination by Williams, witness admitted, that .Dr.. M'Arthur..had, ; sajd that he was not a levol-hcadod mail. Ho.had: boon arrested'.moi-e, than'bnco at "two-up" schools. ■ .... Constable M'Kolvio stated that Thomas told him thero was sonio troublo up the road and they (whom witness took to moniv tho dther accuscd) tritid, hiiii away. When. : charged with tho offence (ill deliied haviiig honi concerned ill the affair. . y A Evideiico was .also given on behalf of the Crown by Horace A. Baker, landagent; John : West, barman -at the : Cricketers'. Arms; Samuel Campion, labourer; and Jahlcs Harper, rotirocl miner. ' '. At .this Btago tho Court adjourned until 10,30 this morning, : . ; .