SUPREME COURT.

Dominion, Volume 3, Issue 679, 2 December 1909, Page 11

SUPREME COURT.

Justices asked to explain. AND DEEMED BLAMELESS. AN UNUSUAL BUSH CASE. ', Twb ;men : irom Raetihi; appeared before Mr. : Justice in tho Supremo Court yesterday morning to.'-, Im. sentenced on aVcharge of cattio ■ stealing.' ' ; - ; -. », Mr.-Myers appeared for tho Crown, and Mr. Skerrett, K.C., with him Mr. Neave, for tho two prisoners,' Stanley.' Lesingham Wright and ■William Kendall. In accordance. with instructions; given by ; . tho Court-last . Week, tho Crown Proseoutor callcd ovidonce ; regarding . the" 'arrest.: and trial of. tho prisoners at Raetihi. --; An objection had bebn .mado'by Mr. Skerrett that, from: the affidavit of: the..two prisoners, ■it appeared that pressure had been put . upon them to enter' a plea ;of "Guilty," and ho asked that particu- ' lars regarding what ho called -a, dispensation of; "bush justice" mightbe' obtained 1 , before ' sbnte'ncb wiis passed. According to the statute, the- plea- now made could not be. withdrawn, ..and .tho. prisoners, could not stand, trial and defend themselves. • : ' • Did the Dcnch Use Pressure? Cous'ab'o John' M'Crae,..of Ractihi, said . that he had no conversation whatever with tho prisoners"regarding their; plea. At: the timr of their. arrest, they, admitted having shot a heifer. They further stated, in reply to questions, that they did not want bail, and did; not.wish the services of a.' solicitor,, . Wright, however,. 'asKed' if witness would' get Mr. Smith,'on:.the .bench,\becausa 'Mr.;-Smith'Was; a friend j and ' . witness said ' that; ho would see what . ho . could do. He verbally summoned . two , JJVs, .Messrs. Brass and .Cnrruthersj and • next.evening 7 three justices- took the Bench,: Mr.. Smith - having, arrived.'' .The prisoners were given an opportunity.;!,of'having .an,'adjourn- 7 . nient-in:order!that'the case ; might:bo heard by. . a magistrate, and' of .'obtaining legal advice: Tliey. preferred. to be dealt with as soon -as . possible,' and; remained in custody' until : nest morning, : wheii the.evidenco'was'taken:-'When; asked for a plea, they'agreed to plead "Guilty of killing the -cattle, not /knowing .that 7 they, wero tame." Tho Bench said that this amounted .to a .plea- of- "Not guilty,"; because- wild ; oattlo did-not belong to , anyone.; Mr. Brass ' then . explained that, .if a plea of, not guilty 1 I.was entered, they would be committed to tho Suprome Court at:Wanganui foi--I'trial,the 'ProMcutor.i.ivoulclf prosecute, and'the ovidenco would be taken all over' agitfn.. ' On tho other hand, if they pleaded guilty, they j: wbuld'simply :be .committed to,.'the Supreme' Court, at Wellington . for.. sentence, Prisoners, after consultation together, had asked leave ti- withdraw- tho. plea of "Not guilty,'"-, and theythen ; pleaded ."Guilty." Afterwards, ; : a general. conversation; tookplace- between \ the - Bench-and ;the, prisoners,. No advico'had been ejyen;.„the-prisoners:;befbre, -ibnt;now tho Justices expressed the opinion '.that thov had taken a' wise' course, and .that,they, would prob. ': aby .got probation,. - ;. '• "To Mr: ;Skerrett,-\the witness said that, when Wright,. admitted- having - shot...a heifer, ~he looked upon it as an, admission'of .crime. He ;knew ; that'.the prisoners were: respectable men. ; "Constable'-'Anderson, 'of Ohakiine, - Btatedv that - the Bench had-not/encouraged'the prisonei's'.to plead guilty. --.v'.',', : ."A Good Deal of Expense." Peter Brass,'■ farmer, of Raotihi, and a J.P., said that:-theVpn'sohors- iniimatM- that they ■would : plead guilty\' to " shooting , two, 'wild 'cattle,, r not' knowing .that:.theywere; Mr.; Chap- ; man's;: property.'; ;,Witness .thereupon? expressed the'; opinion' that this was tantamount to a plea- of. '-'Not guilty,",- and explained that if they pleaded "Not gnilty" they, : ivould bo tried in y the 7 .Supreme VCourt,':' whereas, :if ; the' 7 .plea . was: 'one : of,: " Guilty,",.they 7 .- would'. merely, be. . sentenced. :' .c.-i':' 7 / r ' .V-Phillip - Qeorge Smith,' farmed- of : Eaetihi,' and a. J.P., said that: tho prisoners were in-formed-.'that if they jplcaded not guilty ; thoir 7tniil iii the : , Sup'rome Cciirt--would7iilean-a-gobd, - ,deal,:;'of'-kxpeflse. 7 'If.- they pleaded "Guilty;", fney -wouldbe ..mightvbo'dealt: with leniently; or ; admitted .to "nrobatiori.-V ; '"V V"' -.I'V'-.-v ■■' ;: Mr.i Skerrett:-considered'' that the prisoners had riot-'had - justice,'.but he .did : not ; blamo. tho. J.P.'s. 'Prisoners iwere. men. from ;a, bush ydistrict.'.f Who. ■' were-, suddenly;./confronted wi tli ■a -charge-'of crime, : and .they ..Were without pro-' .fessioiial :';assistance:.in.;: a - community.. which! would; have very erroneous views '.of the necessary, elements-of 'larceny,: of' -cattle.--V Two: facts were'admitted : (1). That ; the property ,was\surrounded 'byVan'i'exteri^iv'eV:dMa.-.o£)':Kußh, : :'..iii. which wild cattle lived; and ,(2).that-ho inquiry. was'; made -. of...these men 'for,:missing- cattle.. Counsel would renew the application that prisoners .should be' ordered :to comp:,up .foi'; Sell-: tence'rwhenicallod' upon,, realising that it- .was beyond ,th'o ; . jurisdiction off.tlie: Court to allow' tho .withdrawal of. the pica. vv'Vi;'-' 'i.A . New- Judicial - Power Montioncd. , . : J ; His Honbuf; said;.that:,the case 'confirmed' an ''impression ho had had.' for. a; long, ,-timo. that' ,there.iought .ia''bo.souie'..pp\l;cr jested in tho judge where , the; Court was.-! in , doubt ■as to whetheran/ accused, . person , appreciated':. his :pbsiti«n,' to'-commit . hiiri for'•'tml.v. ilf .such a power had oxistwl, !his Honour, ,would : have .ordered i this case ■to :betried by a: jury.; 'A t - tho Same! tim6, .'lie had ' a ;f,airly /distinct: impression as to • whiitthe: whole thing . really meant. Prisoners; and other, '.settlers to-"shoot wild'beasts.for. food-supply,'but,: when : bne:'Of .tho , prisoners '.shot'. ,the . heifer, they fpuVid ,'it: to!:'be ./- They : turned it Into'beef. 7 So far,, there.was nothing, very culpable in. what .'■thej' Mad?, done,';but 'they-'-were not. candid :'with ' tTio : 'constablb;-when'..he ,'; was making .inquiries.' 1 ,-;"; The:;;, constable •. .tiatufally! treated"it'.as, a- case: ef cattle-steal)ng, and pro*. pcrlv proceeded . : agaiiist ; them,;that the-'inattet' might 'be. invekigated in'.Court.'. Apparently,- in: thoir comparative Jgnbriiiicb ■' .prisoners were l con- 7 soious of'.having - coiiitaitted/'au; offence:; They■thought .that the shooting."ofc'anothbr,; man's beast .was the.' offence,,: whereas'-.: ; the.;;':' oharso 1 ; against fth'env, was ; one of ' stealing ,ah animal.' Brass alid the others had done their .very best • under -the: circUmiitahces,: fandj'he: ;couid :.not express niiv disapprobation .bf what- they had done. :' r Ho V»uld- iwt -like fo' 7 say that' the., pri-, soheTs vve're.guilty of the'-.crime'.of fraudulently taWng''anbther-mail's property. 7 ;; At, ; ,most,.'it might be that they had been guilty of .aii .exces:. sively ; foolish : act'- in' .trying" to .conceal 'what .they ■ had-doiie. .-.ln these, ciroumstanees, the. '.judge".decided that it' was;a.casein whicli :he should order ; the prisoners, to. come.,up for son- ' tenco When called upon. /V ' ;: . ' "I ' wish -it to-' be . distinctly,; understood," his' Honour,- concluded, .;",th(it no, reflection should be' niado the justices'or ;upon:-the. . PIIBPERTtED THBI'T TO WORK. Edward Cox, alias Cooks; a young man. cnme before Mr'.' Justice Chapman- tor. sentence on. a • charge of theft from .-a dwelling at AYelhngton, : -Mr.- Myers .said . that the prisoner had 7 not been long in . tho, :Dominion, and < ho;; had .been ..working; with;' fair regularity, as steward on' thb' Union Company's boats, and as: hotol' porter. ?;:Hq.'.had. ono; previous convic; - tion: fordnmkennbss, - and had served a seiu r terico of ;one.month's imprisonment in Dunddin '' for. theft. i " 7 .:. ;: 7 .-.... ;7 -:';: ■' v;- ; : ,Tho Judge , said , that the only, thing for him s 'toV do';wtts'.':to • sentence ; the.' prisoner to a longer i 7 term. .: He: had ' been . able' to,, get work,- and it ; was 'disgraefful that :he,-;should,igo -thieving. , lie ivould: be: sentenced .' to three months' im- : prisonmcnt, with hard labour, j !:■ : , ASSOCIATE IN, FORGERY. 'John Hi ley, who came. ui>. for sentence on : a ! charge of forgeryj said, that ho', had" been, very , drunk when ; he . committed, tho ' offence.' ~He : did li'ot .'liido. i'rbm the 7 police, afterwards,'.but left work 'and gave 7 himself: up.' 7 '; ,T ; -Mr.:,Myers' remarked that the '.prisoner''.had been connectcd with one Aubne, who had been sentenced to six monthsV impris'onment..:'':'Aubno's statement was that he had an order book : of . Dalgety's, and -had uttered the 'cheque,. but ' that Itiloy.: had, forged it.. : ltilcy ; had been -in . Now i.Zealand- since 1003,: having; come from ' Ho. had,: no; convictions, of: any • consequeliee in .the; ,but he appeared : to be addicted to drink. He had the leputa- ! tion of being a good and reliable workman. ; His -Honour said that ho had understood • Itiley wos the man who planned tho fraud. He would receive- similar : treatment to tlfat of Aubne--a sentence of iix months' imprisonment, with hard labour. CIVIL CASE. THII "ZOO" LIBEL ACTION. .The jury in the libel'action, Art'hur v. Bert- : tho hearing of which lasted three days, : decided.last evening thfit plaintiff should 're-' i ceive tho sum:of jßlOO.damages,'.' ;. ~V i A rei«>rl ,oi the ptoeceuinga appearn else-: wliare<