SUPREME COURT

Dominion, Volume 11, Issue 272, 6 August 1918, Page 8

SUPREME COURT

CRIMINAL SESSIONS

THEFT FROM A WAREHOUSE

The criminal sessions of the Supreme Court opened yesterday. . His Honour the Chief Justice (Sir ltobert Stout) was on the bench.

The following comprised the grand jury;— Messrs. Eric Lawson, G. T. Davidson, H. I''. Toogood, Robert Fleming, Henry G. Turner, Frederick W. Nicholson, Ernest W. Bucholz, AVillium J. Thompson, Frank Hogarth, James Cowan, Edward C. Jack, Alfred Henry Chalker, ' Edward R. Dymock, Fred J. Carter, William Bray, James D. Sievwright, George Holcombe.' . Gideon A. Boyse, C. W. Mack, Samuel Saunders, William Henry Fern, and William Wills. Henry F. Toogood was elected foreman.

In his address to tlis grand jury His Honour said that on this occasion there wero twelve persons against whom there were eleven indictments, tho main charges being theft, two cases of assault, causing bodily harm, two persons were charged with false pretences, and one caso of breaking and entering with intent to commit a crime, and there were twp charges against" two men of carnally knowing a girl under the age of sixteen, and those were the only sexual cases. Ho did not think the grand jury would have any difficulty in dealing with the ease. His Honour then referred to the cases in detail, and concluded by pointing out that in his experience indulgence in alcohol was responsible for about one-third of the crimes committed.

The grand jury returned true bills against George James Selway, oharged with breaking and entering and theft, and 1 Michael Kelly breaking and entering. Both men when placed in the dock pleaded not guilty.

Mr. H. F. O'Leary appeared for Selway, aud Kelly was not represented by counsel.

Selway and Kelly were charged with breaking and entering the premises of Messrs. Miller and Ahearn, woollen merchants, Wakefield Street, and stealing five rolls of suiting cloth, valued at -EU9 Us. 3d., on .Tune .1

Mr. A. G. Kiikwood was foreman ot the jury.

Atr. 'V. S. If. Maenssey, of the Crown Law Office, appeared for the Crown, and in addressing the jury stated that between I! and 7 p.m. on ,lnne 3 Sergeant MMCelvby and Constable King were on duty in Old Customhouse Street, where I hey met the two accused, each carrying a Imndie upon his shoulders. The men were stopped by the police and questioned, when they staled that the bundles were given to them by a man to carry. Selway was detained, but Kelly bolted, and was afterwards caught by Constable King. The two men were brought before .the Magistrate's Court, and on the cases being adjourned they were admitted to bail. Kelly abecondcd, and was apprehended at Wanganui. / Mr.. Maeassey stated that Fraueis Joseph Miller, partner in the firm of Miller and Ahearn, who gave evidence in the Lower Court, was at present out 1 of New Zealand, and his depositions in itlio Lower Court were accepted. I Constable King and Detective James Torrance gave evidence on tho lines of that given in the Lower Court Jty them. This closed the ca?e for the Crown. Kelly intimated Hint lie. did not wish In call evidence or to give evidence on his own account. For the defence Mr. H. F. O'Leary briefly referred to • Kelway'-s connection with the matter, and Selway was put into the witness-box. Selway said he was a widower, and had never been previously before the Court. On Jane a holiday, he was knocking about the hotels drinking, and got homo after G _ p.m. He had known Kelly for some time. Kellv came to his houso carrying a sack with a roll of cloth, and asked if he could leavo it there until the morning. Kelly, said he had two oilier parcels down the street, and asked Selway to come along and het|. Itiiii carry them. Witness went along, and found the parcels in a vacant section in Farisii Street. He picked up fine of them, rliile ICelly took up the other, and as they were returning they were accosted by the police. ' In cross-examination, witness stated that.he had nine or ten drinks that day, and was not'quite sober. Counsel did not address tho jury. His Honour summarised the salient points, and explained the law, and the jury, after a retirement of about forty min- ' utes, b'ought in verdict of guilty [against Selway on .a charge of receiving stolen goods, and Kelly was found guilty of breaking, entering, and theft. Both prisoners were remanded to Saturday for sentence.

THEFT FROM A DWELLING,

Tho grand jury, having found a true bill against William M'Bridc on a charge uf theft he was the next to he put upon his trial. .Mr. 11. T. Boddy was foreman of the jury. The charge against the prisoner was that of breaking and entering a dwellingnouse at Petona on Hay 11, and stealing Ihoro from tho sum of .£l9 Bs. Bd. in money. ■ Mr. Maeassey, in outlining the case, explained that the prisoner shared a bedroom with two other men in a boardiughouse in Jackson Street, Petone. 0110 of the men, Thomas Corbett, went to bed putting his nioiiey under his pillow. 'It was alleged that tho prisoner took the money, hired a taxi-cab, and came fo Wellington. When arrested, he said to the constable, "I took it. Give me a chance, and 1 will pay it back." Thomas Corbett, labourer, said ho lived at Jackson Street, Petone, and ou the date in question lie occupied a bed' room with the accused and another man. He went lo bed between 9.30 p.m. and 10 p.m., ami had in his possession .£l9, which lie had in a purse which ho placed under his pillow, and Bs. 8(1. in his pocket. The accused came in later, and lay 011 his,bed fully dressed .for about len minutes or a quarter of an hour, and then he got up and went out, and witness did not see him again until' Monday, May 13. When he got up in tho morning he found his clothes hod been disturbed, ■ and his purse was on the floor with the contents abstracted. Witiiess came lo Wellington wlih tlie constable, and saw accnscd near Willis Street. The accused was subsequently apprehended, and when searched a 6um of money whs found 011 him. Prisoner said: "If you give me a chancc you will get all your money back, through tho Unlurned Soldiers' Club, which will find the money, but if you lock mo up you v.'ill get nothing." William E. Toxward, a returned eoloior, who shared the bedroom with Corbett and tho prisoner, corroborated tho evidence given by Corbett as to what took place.in the bedroom on the night of May 11. ■ Amy Elizabeth Onyon, tho owner of tlie boardinghouse, gave formal evidence as to tijc three men, Corbett, Toxward, and the prisoner, staying at the boardinghouso and occupying tho same room. I'lie prisoner had borrowed money from her 011 two occasions, and the money had not been returned. Ou May 11 olio heard her husband talking to M'Brido, who was coming down tho stairs. It was about midnight, and she heard M'Bride say to her husband that he could not sleep, and was going for a walk. The door was left open against his return.

William Onyon, husband of the last witness, and a motor-bus driver, stated that oil the night in question ho saw the 'accused, who was fully dressed, and asked liini where lie was going. Tho prisoner replied that he could not sleep, and was going for a walk. He said he was eufi'ering from shell shock. The' nifln wore a returned soldier's badge. Waller Howitt, a railway porter, said he had seon the accused previously. Ho saw liini at about 1 o'clock in the morning, and ho said ho wanted to get back to town, thai ho was a returned soldier, and had to go bock to tho hospital. Ho wanted to know' if he could got back in any way. Witness said he could get a taxi-cab if tho. man had tho money to pay for it. Accused then produced a bundle of notes, and witness rang up Sharp, a taxi proprietor, and the accused rodo away to Wellington in tho taxi. I'rior to leaving Petono the accuscd told witness that lie came to I'etonc to get away from tlio drink, and fell asleep on tho beach. Jatues Wilson Sharp, taxi proprietor,

gave evidence as to driving the accused into town on Sunday, Hay 12.

Constable Lumber gave lorrnal evidence as to the arrest of accused, whom lie secured in Willis Street, near M'llwraith's shop. Ho took the accused into tho shop, and searched him, and found i! 5 3s. on him in money. Whon questioned, lio said, "I took it; give mo a chance, and I will return it." Turning to Corbett, he said, "If you press this charge you will got nothing." The arrest took place on Monday, and the accused WH3 then under the influence of liquor. Tho accused was not a returned soldier, although ho was wearing the association's badge. This closed the case for tho prosecution.

The prisoner, who showed some legal knowledge, cross-examined tho witnesses at some length. He declined to give evidencp, and did not call witnesses. He, however, addressed the jury, and pointed out that it must 6eom strange that a man should steal money and within an hour go and show it to a, railway porter. He referred to several points in the evidence, which 1 he indicated were at variance. Ho said that he had served in the South African War and was wounded He entered the New Zealand Expeditionary Force, and was promoted to be instructor in artillery in comp, and after six months his health broke down. He said ho was in several hospitals in the south, and had served as a guard, at Ripa Island, where he left on April 26 last, and camo to Wellington. He detailed his movements in Wellington to the time ho was arrested.

The prisoner, having referred to his character, he was warned by His Honour that the Crown would be privileged to call rebutting evidonco. At tho close of tho prisoner's address, Mr. Maeassey, for the Crown; intimated that he would oall rebutting evidence. Prisoner seemed surprised, and was informed that he had been warned not to refer to character.

Detective-Sergeant Scott said he knew the accused, whose character was bad. He first came across the prisoner in Auckland, where he was convicted of horse-stealing, and was sentenced to eighteen months' imprisonment. He had been convicted of theft, also of theft from a dwelling, and also of being an idle and disorderly porson. His last conviction was on November 28, 1917, when he was sentenced to.three months' imprisonment. Prisoner asked permission to give evidence, and was allowed to do so. He did not contradict the detectivo's statement, but again addressed tho jury in a disjointed way.

His Honour summed tip briefly, and the jury retired at 3.55 p.m., and returned at 4.20 p.m., and found prisoner guilty. .

' The prisoner was remanded until Saturday for sentence.

ALLEGED ASSAULT AT PETONE. Einauuel Floyd was placed in the dock churged with assaulting his wife, Sarah Floyd, at Petone, on May 4, so us to cause her actual Iwdily harm. Mr. John llenry Kraft was foreman of the jury. , In his opening r.tatement Mr. Macassey said that the accused was charged with assaulting and wounding his wife! The accused went to his homo at Petone a littlo late on tho afternoon of May 4, nnd some words passed between him "and his wife. Tho accused picked up an axe, and struck his wife with it on the back of the head, and then left the liouso. Mrs. Floyd, when she was able to get up, went to a neighbour's house, who bound I lie wound up; and later in the eveuing she was removed to the Wellington Hospital, whero she remained'for treatment for sixteen days. Dr. Morton, of the Wellington Hospital, gavo evidence that tho wounds from which Mrs; Floyd suffered oould have been caused by a blow from an axe such as that produced.

Mrs. Floyd gnvo evidence as to the assault, but put in a strong plea for her husband, who,, she said, had never previously treated her in 6uch a way. He always gavo her his money, and wa6 a good, hard-working man, but when he was under tae influence of drink he acted peculiarly.

Kate Clements, residing next door to tho Floyds, gave evidence as to Mrs. Floyd coming to her house. She was bleeding from a wound, and witness bandaged up the wound, and Eent lor the police.

Sergeant Bird, of Petone, gave evidence as co being called to the liouso of Mrs. Clements, whero ho saw Mrs. Floyd, who v was bleeding profusely. He got her lo Dr. Harding, who ordered her removal to the hospital. The sergeant detailed'tho circumstanccs 1 attending the arrest of Floyd, and produced the statements made by Mrs. Floyd and the accused. Tho sergeant said Floyd was a good, hardworking'man, and ho had not seen him nnder the influence of liquor. Ho had seen Mrs. Floyd intoxicated.

Constable Lumber gave corroborative evidence.

The prisoner declined to give ovidence, and did not address the jury. His Honour lyiefly addressed the jury, and pointed out that liquor was the main cause of. the trouble. The man went,, home, and found no dinner ready, and his wife under the influence of liquor. : The use of tho axo was criminal, and His Honour suggested that tho jury might consider a recommendation to mercy, which would receive consideration.

The jury retired at 4.45 p.m., and returned in about ten minutes with a verdict of guilty, with a strong recommendation to mercy. , His Honour ordered prisoner to come up for sentence when called upon, to take out a prohibition order against himself and Ilia wifo for a period of two .years, and to pay the cost of tho prosecution, three months to bo allowed to find tho money.

TRUE BILLS. The grand jury found true bills against, Andrew Anderson, on . a similar charge; John Bird, theft from a vessel; A. B. Sanders, an Myrtle Lilian .Coley, false protences; Alfred George Jacques, theft from a dwelling; James Martin, breaking and entering with intent; William Donald Stirling and William John Love, unlawful carnal knowledge.

CHRiSTCHURCII CRIMINAL SESSIONS

By Telegraph—Press Association. Christchurch,. August 5. The Supreme Court criminal sessions have opened. Mr. Justice Herdman said, after congratulations, that for tho first time since 1802 there were no cases of a sexual character on tho calendar.

Arthur .Richard Cole was sentenced to twelve months' imprisonment for misappropriation of Bed Cross funds. Piobert Dickson Warden, aged 2i, was sentenced to twelve months' imprisonment on a charge of being an incorrigible rogue and to five years far breaking and entering and theft after escaping from gaol. He was also declared an habitual criminal. George Evans Lloyd, otherwise 'known as George Evans, was sentenced to five years' imprisonment for forgery and to twelve months each on charges of theft, Tobbery, and retaining a postal package at Wellington, the sentences to bo concurrent.

MAGISTRATE'S COURT

Mr. W. • G. Riddell, S.M., dealt with the police cases brought before the Court yesterday. For insobriety, Elizabeth Brady was fined 10s. Patrick Sinnott, who appeared on a charge of drunkenness, was sent to tho Itoto iloa establishment for inebriates for a year. For disobedienco of a maintenance order Fred Biddohnugh was sentenced to fourteen days' imprisonmo'ut, tho order to bo suspended while J!1 per week is paid off tho arrears, Samuel Blood, who'was in arrears respecting a maintenance order, was sentenced to six months' imprisonment, tho warrant to bo suspended while tho arrears aro reduced by M per week. Frank Sl'Mahon was sentenced to one month's imprisonment for failure to comply with a maintenance order, but the order for his arrest is to be suspended while 10s. por week is paid off the arrears. In the case of Albert Anderson, a maintenance case, a charge order against property was made.' Jolm James was ordered to contri.buto to tho support of his children in the Salvation Army Home. Thomas Powell was ordered to pay 10s. »er week.toward the.support of.hia wife.