LAW REPORTS.

Dominion, Volume 5, Issue 1359, 9 February 1912, Page 3

LAW REPORTS.

QUARTER SESSIONS. HOW THE JURIES FACE THEM. THE W. M. CLUB CASE. TWELVE MEN AND THE JUBGE The criminal sessions of the Supreme Court were concluded yesterday before Mr. Justice (.'luiimuiu. Sir. 11. 11. Oitlcr rcprcsoiitcd the Crown. AVlieu the Court resumed in the morning, it remained for the Judge to Mini up in tho second trial of Frederick 'William Green, in whose, case the jury failed to agree on Monday. The charge was ono of theft of .£175 19s. 9d. from tho funds of (the Wellington "Working Men's Club. Green was appointed secretary and manager of tho club in July, 1008, and occupied that position until October last, when he was appointed secretary and librarian. On November 1!0 last he tendered his resignation. The offence was alleged to have been committed between Julv 1, 1011, and November 20, 11111. Mr. A. L. Herdman appeared for Urecn. Before his Honour proceeded to sum up, Mr. Ostler recalled Edward Mace, president of the club, with a view to rebutting some of the evidence given by Cireen on the previous day. Mace stated that ho had been able to discover the cheque-butt and vouchers for billiard tournament prizes. In answer to Mr. Herdman, however, this witness admitted that ho would not be prepared to contradict Green, if the, latter said that there had been other billiard tournaments held more recently. The jury retired about 10.30 a.m. *,Tust before one o'clock, they announced that it was desired to inspect the books of certain firms in regard to payments mado ■by Green. The foreman and another juror were allowed to mako the inspection. At 3.30 p.m. the jury returned again, and stated that they had agreed that Green had falsified the books by making entries and erasures. His Honour remarked that that did not answer the charge in the indictment. "It seems to n;e," he added, "that you must make another effort to agree iifon an actual conclusion as to whether tho accused is guilty or not guilty of theft." After further retirement, the jury returned at 1.35 p.m., and tho foreman announced that there was no prospect of an agreement. They were thereupon discharged, and a nev trial of the case was, ordered for the next criminal sessions. Mr. Herdman applied for bail, which was granted, the prisoner to appear with his sureties this morning. THAT BANK SLIP. TWELVE MONTHS FOR JOKES. William Frederick Jones was tried for tho second time on a charge of forging tho name of I. Jacobus to a Savings Bank withdrawal slip for «£5 and uttering the same to F. T. Bennington. Mr. H. F. O'Leary appeared for the accused. When the jury panel was exhausted there were only ten jurors sitting. At tho second ballot there were challenges on both sides, and the panel was again exhausted with still one juror wanting. His Honour then ordered the doors to be closed and the "talesmen" were called on —the names of six qualified jurors, who happened to be in the body of the court, being placed in tho box. The Crovni Prosecutor had then four challenges available, and counsel for tho defence had two, but the first man called was accepted, and the trial proceeded. Tho jury retired at 3.5 p.m., and returned a quarter of an hour later with a verdict of guilty. Mi'. O'Leary asked if his Honour would admit the prisoner to probation, as this was his first conviction. His Honour: I can't do that ivhere a man has committed a crime and then twica given false evidence. Mr. O'Leary remarked that the case waa a difficult one for counsel, who could only act on instructions. His Honour: You have only done your duty, Mr. O'Leary. . Sir. O'Leary said that tho only other thing which he could mention was that prisoner, who was not married, helped to support his mother, who was in England. His Honour impossd a sentence of twelve months' imprisonment with hard labour. . '