LAW REPORTS.

Dominion, Volume 5, Issue 1433, 7 May 1912, Page 3

LAW REPORTS.

CRIME TRIALS"CHARQE FOR ATTENTION." THE JUDGE ON J-P-'S. TELEGRAMS ONCE MORE. Tho criminal sessions of the Supremo Court commenced yesterday morning, bofore Mr. Justice Chapman. -Mr. 11. H. Ostler represented the Crown, The following were empanelled as Grand Jury:—Messrs. J. Mallard (foreman), Frcdcrick Selaich, Geo. Nathan, Jas. Bennie, A. J. Bennett, A. S. Chapman, Clark Johnson, S. li. Short, C. J. Lockwood, H. V. Brewer, J. W. Wall-toe, J. H'Glll, L. Wliitcombe, A. Nov.-bold, G. C. Clarke, A. Ij. Odlin, 11. Keeling, 11. D. Clementson, and W. J. Blundell. THE CHARGE, BROAD ENOUGH FEATURES. In charging the Grand Jury, his Honour expressed pleasure at being able to state that their duties would 1.0 very light. The calendar was fho stv.ircos'- it had been his experience to investigate in Wellington, and none of the cases were such as would occupy the attention of the Grand Jury very long. Altogether there were only six cases, and as mo of these had already been before a Grand Jury, there remained only five lo investigate, and these were of an ordinary and gen- . eral character, and should not present material difficulty. "Thero is, however, one case," continued his Honpur, "to which I rail your especial attention. That is a case against a man named Baggc of sValing a horse and cart. This man has been committed for trial by justices at Masterton, but, as I read tho evidence, '-o Coic. is made out for his committal. It wili bo your duty to say whether there is a p.ima facie case of stealing. The prosecution states that he sold the man the horse and cart. His grievance apparently is that ho did not receive the money. At the worst that is a case of a man running away without paying his debt. Twice in the course of his evidence the prosecution mentions that lie "sold tho horse and cart," but no money passed. Thero may bo circumstances not brought before the Court as there seems to have l>een some cross dealing. There was no document relating to the Bale which took placo in 1903. I don't know when the warrant was issued, but the information appears to have- been a. rcccnt one. If the evidence is as I indicate to you, you will see that no case of stealing is made out. "As to the .other cases thero are two of a very shocking charactcr, but they are very simple so far as your duties are concerned. There is then a case of great public importance, a charge of illegally opening postal'packets."

His Honour tlien went on to refer to the essence of this case which was that a man, knowing that another was receiving telegrams, hart inveigled the telegraph messengers to bring them to him so that lie could open them, look at the contents, and then reseal them so that they could be delivered to the addressee. Hie latter was described as a commission agent, and his Honour assumed that ho was a turf commission agent. It did not ' matter what he was, however. If the Cfrand jury found that the person now charged had been opening someone else's telegrams all thev had to do was to send him for trial. True bills wero found in the following cases Arthur Joseph Wicks, alleged criminal assault; Thomas Henderson, alias Bushbridge, alias James Patrick, alias Fitzpatrick, alleged opening postal packets (nino charges); James Pnrcell O'Brien, alleged criminal assault; George Ellis Allen, alias Richardson, alleged forgery and littering; .Tames Henry Hope, alleged unlawful safe of liquor on March 31 to Constable D. Wallace. In the case of Robert Bagge, charged with alleged theft of a horse, cart, and harness (at Ekctaliuna) the property of Angus Fraser, the jury found no' bill, and the case was struck out. "GEORGE ELLIS ALLEN!" NAME CALLED BUT NO ANSWER. "George Ellis Allen! George Ellis Allen!" The call resounded through the corridors of the- Supremo Court yesterday afternoon, but there wns no response. On April 3 last the accused had been committed for trial at Wellington on a chargo of having, on January 21, 1911, forged tho name of H. Webb to a cheque for £o, and tittering tho cheque to Thomas Page." Mr. Ostler informed his Honour that Allen had been admitted to. bail in the sum of .£SO, and the police reported that he was now missing. In answer to a question by the Judge as to when ho was first missed, Mr. Ostler said that subsequent to his being committed, the police had wished to arrest him on other charges, and then had discovered that he had absconded. His Honour ordered the prisoner's bail to be estreated, POLICE STRATEGY. THEIR METHOD IN HOPE CASE. James Henry Hope, occupier of a shop in the Columbia buildings, Lower Cuba Street, was charged with having sold beer to Constable Wallace on March 31 without being licensed to do so, and without being exempted, under tho Licensing Act of 1003. The case "came before a jury on account of tho fact that accused, having been more than once previously convicted of "sly grog-selling," had the right of election. Mr. P. W. Jackson appeared for the accused, who entered a plea of not guilty. The evidence for tlie prosecution was to the effect that on Sunday, March 31, Constable (acting in accordance with instructions received from SeniorSergeant Rutledge) had gono to Hope's shop, in Lower Cuba Street, and had asked for a "soft drink." Hope and Constable Bullcn were in the shop, and Hopo had supplied him with soda water. Wallace had then asked Hope for a pint of beer, and Hope had replied that he had nothing of tho kind in his shop. Constablo Bullcn then left, and Hope asked Wallace who he (Bullen) was. Wallace replied that lie did not know, and Hope then remarked that ho was not "quite sure of the man," and that, in fact, he might bo a police probationer. "But," ho added, "by tho look of you, you are all ricrht." Wallace had then purchased a bottle of beer for Is, 6d, Wh'ilo he was in the shop six or seven men came in. and Hope put them into a room and locked the dnor. Wallace then left for the Afount Cook police station, and informed Sereeant Rutledgo of his investigations. slid then (again in pursuance of ins'Tii"'tiou-) had sonc back and purchased another boll le of beer. He was standin" at the counter with a glass of this 1.-"r in I'roul of him when Sergeant Rutled«e. accompanied by Constable M'Kelvev" entered. Sergeant Tiutlcdco took llk'' nam"-: of all who were on the premise*, including that of witness. A of Hie premises was then made, and sacral bottles of beer were seized. The witness for Hie piw.-ut'O'i were Wallace. Constable M'Kelvev, Senior Sergeant' Riilledge, and Arthur Harry Holmes, clerk of the Magistrates iTanneai-ed that when Constables Bullen nn":l Wallace were instructed to go to Hope's shop the former wns dressed in ordinirv flam clothes. Wallace, however, wn* dre.-i'd to reprc.-.-'iit a wlir-vf labourer who had been on n "Imrsl" the |iwv;eirii in hi. In the e:mr-e of hi- '-vid'"ice Sergeant lliitledge "::rd«ined !lnl ll',' plan Wa- to have Kiilleli su-wclrd oT being a eon-table «o Hint' su'nieion would be ontirelv diverted from Wallace. When the ca?c for the prosecution closed last evening Mr. .Tackfon intimated that ho proposed W frail uridcaafl is dfr

fence, and tho further hearing, was adjourned until 10.30 a.m. to-day. THESE OLD MEN CASES. An elderly man named James Ptircel! O'Brien pleaded not guilty to a charge of criminally assaulting a boy. There was a second count of common assault. Accused was not represented by counsel. His Honour ordered the court to be cleared during tho hearing of the case. Accused did not go into tho witness-box to givo evidence, but made a statement from the dock. The jury retired at 2.1") p.m. and returned an hour later with a vordirt. of guilty on the tdmrge of common assault. Sentence was deferred.