LAW REPORTS.

Dominion, Volume 4, Issue 1129, 17 May 1911, Page 7

LAW REPORTS.

SUPREME COURT. THE CRIMINAL SESSIONS. . TRIALS OF PRISONERS. • SENTENCES DEFERRED. The quarterly criruiual sessions of tlio Supreme Court wore continued yesterday, his Honour tho Chief Justice (Sir Robert Stout) on the Bench. ■ Mr. TVNeaVe, tor the Crown, proseoutod in all cases. -/THEFT OF LUGGAGE, THREE. MEN COMMITTED. Tho hearing of the charges of theft against Michael o,'Brien, .Frank Voss, and Thomas Lano was continued. The prisoners stood charged with stealing threo shillings and two railway luggage receipts from the person of, Leonard David M'G'racken, and stealing'a gliidstone bag, containing clothing, etc., the- property of tho sarao individual. Mr. F. P. Ivelly appeared for the prisoner O'Brien. Evidenco for tho Crown had been cotnSleted when the Court adjourned on Monay evening. Michael Lane, groom (called by Mr. Kelly), said that on the night of April 11 he was'shown by his undo in Tiirnbull Street a tie and two sticks of tobacco. His' undo said "Tom" (the prisoner Lane) had given them to him, and that "some rnug gave them to Tom in the street. Tho prisoner Voss then called three witnesses. ' , :

Constablo H. A. Butters said he saw Voss outside the Hotel Cecil at 23 minutes to 8 on the night of the ISth, and ho saw O'Bren and Voss there at 10 minutes to 8. . .

Detective Andrews wag also called by Voss, iu r.ogard 'to the latter's alleged possession of a pipe when iu tho hands of the police last October^ "Must Have Beon Drinking." Voss then recalled Leonard David M'Crackon, tho man from whom tho articles Were alleged to have been stolen!. After hearing one or two of the witness's replies, . the.. Chief Justice _ said. "Hare you.been drinking this morning?" "Witness; No) your Honour. His Honour: Then, you must have;been drinking last night. Voss continued to ask questions relating to the movements of the witness and the prisoners on the night of tho alleged robbery. ' The manner of tho witness obviously continued to excite the suspicion prevously expressed. by the Chief, Justice, 'and caused some little amusement to tho hearers/ After a whilo his Honour interposed again. "That will do," he said . . "You have been drinking. I ought to send you to gaol, perhaps." His Honour, however, permitted the examination ■ to continue, and. allowed . the prisoner some latitude in inquiries relating to the identity of the tobacco-pipe found upon him. >

"A Suggestion.". Mr. Kelly then addressed tho Court. He said ho 'would suggest that Lane was tho real culprit. Ho would suggest that there- was bad blood between tho Lanes and the O'Briens.

His Honour: I shall bo hound to tell the jury that there is no ovideuce of that. Mr. Kelly:'There is a' suggestion. Turning again to the jury, Mr. Kelly said thai although counsel were supposed to be very hard-hearted, he would not tell them the cause of the bad blood between the two families.

His Honour: I don't think ydu have any right to say that -fitknut cvidenco. Mr. -Kelly: Very well, your Honuur. Counsel went on to suggest that Lane was the real head of the prosecution, and thatthis was indicated by his written' statement, which' had beon handed m by counsel for the Crown.

Voss then addressed the jury. Ho said there was nothing, proved against -him. The witness, M'Cracken, had contradicted himself. Prisoner also dealt with the evidence as to the ownership of. the pipe and sleeve-linlts found upon him, and asserted that he was innocent.

Mr. Neave then addressed the jury. The jury returned a verdict of guilty against all three.accused. The Chief Justice remanded them until Friday for sentence. DISCHARGED. VERDICT. OF NOT GUILTY. Edward O'Reilly, an elderly man, charged with committing an indecent act, pleaded'not guilty. Mr. R. B. Williams appeared for tho prisoner. The-jury returned a verdict of not guilty, and,the accused was discharged. TO BE MENTALLY EXAMINED. RFjMAND GRANTED. , John Hackett, who was -said to be 30 yenrv c.l age, but looked Uss, pleaded not guilty to a charge of criminal assault on a little girl. Mr. E. J. Fitzgibbon, who appeared for the accused, called evidence" and sought to show, that the offence was not committed,-, and also that ■ prisoner was of weak.intellect. . ■ ■ - ■; ,The jury, after a short retirement, returned a verdict of guilty, with a-strong recommendation to mercy. The foreman said the jury, were of opinion that the accused might be mentally deßcient, and they suggested that he should be medically examined. - His Honour said this would bo done,, and remanded the accused until Friday. Tho accused was subsequently released until Friday, his lather being bound over in tho sum of .£SO to produce him in Court on' that date. CHARGE OF ASSAULT. USE OF AN IRON BAR ALLEGED. George Arthur Aldo, wharf labourer, was charged with assaulting Charles Nicholls and doing him actual bodily harm, with'intent to do him grievous bodily harm. Mr. H. i\ O'Leary appeared for the prisoner. Acpording to the caso the Crown, tho man Nicholls, who vm alleged ,to have been assaulted, appeared to havebeen living with a woman who was married to the prisoner. On January 28, in the evening, Nicholls met the woman near what was formerly Cable's Foundry, and they had some conversation. After they separated, Nicholls was very violently assaulted by n. man, believed to be the prisoner; Ho was struck violently on the back of the head three or four times, and it was alleged that the blows were inflicted with'a bar of iron (produced).

Dr. C. D. Henry describjd five separate injuries which ho found on the accused's head—a wound on tho left side, 3} inches long, penetrating to the "skull; a. small triangular wound on tho right, extending to the bone; a small contused wound in tho middle of the - forehead; a contused wound 2 inches long on the left side, a severe bruise over the left chock-bonc. Somo of these injuries could not havo been done with fists, and if caused by falling, the man. must have fallen more than once.

Charles Nicholls, dealer, Cambridge Terrace, Detectives Kenip and Hammond also gave evidence, and v. statement by Dr. S. J. Simpson was put in. According to police evidence, the accused at first denied all knowledge of the assault, but afterwards signed a statement admitting that he struck Nicholls, hut denying that lie used anything but his fists in doing so. Ho also alleged that he was provoked by Nicholls speaking to his wife.

Mr. O'Leary did not call evidence, but addressed the jury. He pointed out, inter alia, that it' had been staled that another man was present, and Nicholls had said that this third man took a minor part in the assault. This mysterious person had not been produced, but counsel suggested that ho really caused the wounds on tho back of tho head by kicking him. His Donour said that if two person? took part in an assault, each was equally liable to be punished. Counsel proceeding, submitted that Dr. Simpson's statement did not bear out the theory that the bar of iron was used. Moreover, if a man had received such blows as alleged, with Ihe bar produced, he must have been killed.

Tiie jury found tho accused guilty of assault, causing actual bodily harm. They strongly recommended him to mercy. His Honour said that ho would sentence the prisoner on Saturday.

THE NEXT CASES. The_ first. case for to-day will be that of William John Carpenter, who is charged with an assault causing actual bodily harm. Next, William Hamilton will bo put upon his trial on a similar charge.