LAW REPORTS.

Dominion, Volume 4, Issue 1128, 16 May 1911, Page 3

LAW REPORTS.

SUPREME COURT. CRIMINAL SESSIONS OPENED. NINETEEN PRISONERS. THE CHIEF JUSTICE'S CHARGE. The criminal sessions of the Supreme Court were opened by (ho Chief Justice (Sir Robert Stout) yesterday morning, in the presence of a crowded attendance, ot the public. The calendar comprised 17 coses against li) primmer?, II r. T. -\"e;ive appeared for the Crown in all cases. The following Grand Jury was empanelled:—Peter Halliburton Miller, Aubrey Beauchamp Pyrmont, William Harrison, Georgo Thomas London, Charles Silas Kelly, Thomas Bush, William A. Kennedy, William Camina, John Fortascuc Mills, James Balkmtine M'Ewen, Horatio Danville Nelson, Benjamin Lewis, Alfred Ernest Donne. Charles Frederick Taine, Gerald Theodore Talver Hull, John Hutcheson', John Mitchell, Ernest J. Barnett, James Bonnie, Talbut Austin, and Edward Bolton, Bristow. Mr. W. A. Kennedy was chosen foreman. Charging the Grand Jury. His Honour, in addressing the. Grand Jury, slated, inter alia, that there were no less than five charges which related to what rcisht be termed sexual offences. One of these cases the Grand Jury might have expected the magistrate to have dealt with, but there was a difficulty in the Police Offences Act regarding the definition of crime. His Honour did not know whether there might not be power for the municipality to pass a by-law to meet a case of this kind. But, at all events, he did not think tho magistrate had done wrong in sending the case to the Supreme Court. There was provision in the Crimes Act which might enable the Court to deal with it, which the magistrate had not possessed. True Bills, The Grand Jurv returned true bills on tho following charge-Frederick Hunter (criminal assault); William John Carpenter (assault, causing actual bodily harm); John Hackett (criminal assault); Michael O'Brien, alias Doyle, 1 nomas Lane, and Frank Voss (theft from tho ptreon, also as against Voss, receiving stolen goads); Charles Gurote (theft); David Irwin (breaking and entering and theft); Arthur Giffcrd St. Clair Isbister (theft of a heifer and a mare); AVilham James Geddys Hughes (false pretences); (ieor"e Arthur Aido (causing of actual bodilv harm); William Haining (criminal assault); Edward O'Reilly (indecency); John Malonev(criminal assault); George Stewart Neish (criminal assault); Annie Peterson and Edward Reynolds (use of an unlawful instrument); Edward Reynolds (supply of a certain thing knowing it to be intended for unlawful use); William Hamilton (assault causing actual bodily harm). • In the course of reference to a certain case, which ' attracted attention recently, His Honour remarked that this was a charge of house-breaking against a man who had entered the house of one who was formerly his wife, but from whom he was divorced. The case apparently turned upon the evidence regarding some clothing. If the jury thought that tho evidence was sufficient to prove that the clothing was afterwards, found in the accused's house he would be called upon to account for its appearance .there. Mewhtnney Case-No Bill. Tho Grand Jury found "No-, Bill" against Oliver Me.whinney, who was charged with breaking and entering and theft. ' ' Absent Jurymen Fined. Frederick Page and William Henry Money were each fined 40s. for not attending as jurymen after being duly summoned to do so. •:; Money attended in the afternoon imct explained, that he had to appear at. the Petone Magistrate's Court that morning as a defendant, and had consequently missed the train to town. His Honour remitted the fine, and ordered the. juryman to be sworn and to attend to-day. He would not be allowed expenses for yesterday. Brought up for Sentence. Ernest Edwin Thompson was brought up for sentence on >a charge of attempting to procure a noxious article for an unlawful purpose. Prisoner had been found guilty at the sessions in.November .last, but a law point was reserved for the Court of Appeal, and settled last week, the conviction being confirmed. Mr. S.' J. Moran appeared for the prisoner. His Honour said that he had not yet received a report from the police, and he did not like to sentence any prisoner until he had all the information possible. Prisoner must be brought up again for sentence on Wednesday morning. "A Sad Case." A youth named Frederick Hunter, said to bo 17 years of age, who had been committed by Justices at Eketahuna for trial on charges' of criminal assault of a certain nature, pleaded guilty. His Honour, after hearing Mr- Wilford, for the prisoner, remarked that tho case was a sad one, and with the information before him, he hardly know how to deal with' it. Prisoner would bo remanded until 10 a.m. on Wednesday. THEFT .OF HORSE FEED. NOCTURNAL HAPPENINGS. Charles Gurote, cab proprietor, who had been committed at Masterton for trial on a charge of stealing certain oats, chaff, and sacks, valued at M 9s. 6d., the property of Edward' Jones, on April 9, pleaded not guilty. Mr. H. F. O'Leary appeared lor the prisoner.Mr. Neave, opening for. the prosecution, said the evidence would show that two police constables who were on duty in kusterl'oit on the night of Saturday, April-8, noticed tho accused coming from his premises in Queen Street South, at about a quarter to 12, and suw him go up. Queen Street and turn off by a side street. They were still on duty at a a.m., when they saw him return, go into his yard, and yoke up certain horses. Ho displayed somewhat unusual haste in doing this, and tho constables' suspicions being aroused, they watched until lie came out with a wagon, and followed him on bicycles. He went tho same way as before, and halted his wagon in front ot the farm building of Edward Jones. The constables came up with him there, and found him in tho act of shifting bags of chart from the roadside into the wagon. Ihey took him in charge. Jones was a farmer, and had in his stable a .certain number of bags of chaff. On Apn \ i tho loft was full, and 'nobody had authority to remove any of .the chaff. Early on the morning of the oth it was found that a. considerable number of bags of chat had been removed, and they were found stacked on the roadside. Constable Samuel Brown also gave cmPart of the duty or witness and tho other constable, on the night mentioned was to watch for events connected with a suspected sly grog-shop in Kuripuni Street. Prisoner could have entered that establishment when the two constables first saw him that night, lho prisoner took six horses; three would have ten enough to draw the vehicles ! °The C ' other constable, Henry Emerson (farm employee), Edward Jones, Henry Kmerson (junior), Russell Sutton aUo gave evidence. . , . Mr O'Leary did not call evidence, but tht". jurv, suggesting that there was not enough evidence to. connect prisoner with the removal of the chad from lho stable to the roadside. The jury, alter a short retirement, returned a 'verdict of guilty. The Chief Justice said he would sentence the prisoner on Friday morning. He found that there were 18 previous convictions against him. ALLEGED THEFT OF LUGGAGE. UNFORTUNATE HOLIDAY. Michael O'Brien, alias Doyle, Thomas Lane, and Frank Toss were charged with st'eali'n" 3s. in. money and two railway in "'wage receipts from the person of LeonDavid M'Cracken, on April IS; also with portmanteau and its con-

tents valued at. ,0), the properly 01 t lie said \j. D. M'Cracken, lrom the J.ambton ltuilway Station. Vo.-s was also charged with receiving the stolen goods. Ail the prisoners, pleaded not guilty. .Mr. P. J. Kellv appeared for O'Hncn. Vo.-s asked Ins Honour: "Will you lie kind enough to look after the interests of my case?" His Honour: I will do lh.it. T never allow a prisoner to be convicted improperly. Mr. Noave said that .M'Cnicken c.-.mc tu town from Pint Point mi April l-'b a "'I left his bag at the station. On the 181 i he was drinking at (lie 'i'ermimi.-i ilolc 1. (Jourtenay Place, with the three accused, and in the afternoon lie went lrom tliat place to the reclaimed land behind .to Aro Kailway .Station, with two of the accused. Ho appeared to have fallen asleep there, and when lie awoke be missed Ins money and the luggage receipts. I « went to Lambtou Station and found that "''' luggage had been removed. 0 llru-u amVoss wore arreted by Detective tassels a tho Railway Hotel. Thomdon Quay, ami certain articles which M'Cracken identified as his, were found on O'Urieu and Voss. Lane, after his arrest, made a statement to Detective Cassclls', implicating the other two prisoners, but not completely excusing himself. Evidence was given by Detective tassel Is. , , Leonard David M'Cracken, bush contractor, Flat Point, in the course of his evidence, said be came to town in April on a holiday. He remembered all throe of the accused drinking with him at the Terminus Hotel. He was not sure whether Voss went, with him to he reclamation, but he knew the other two did. Tho prisoner Voss asked the witness a number of questions. Daniel Butler, barman at the Terminus Hotel, Ernest Donald Bell, clerk in the parcels office at Lambton Station, end Detective Mason were also ceiled tor (lie prosocuton. .. , The. Court then (6.10 p.m.) adjourned until 10.15 a.m. to-day.