SUPREME COURT.-CRIMINAL SITTINGS.

Daily Telegraph (Napier), Issue 3715, 12 June 1883, Page 3

SUPREME COURT.-CRIMINAL SITTINGS.

Monday, June 11

(Before His Honor Chief JustieeProndergast) FORGERY. Charles Dawson Avas indicted for forging and uttering a cheque for _7 10s, purporting to be dnvwu by Mr John Chambers, juu., on the Bank of Now Zealand at Napier. Prisoner, after some hesitation, pleaded guilty, complaining at the same time that he had not the benefit of professional assistance. The prisoner was then further indicted for forging and uttering a cheque for £6 3s, bearing the fictitious signature " Sewellaud Donnelly." A plea of not guilty Avas entered iv respect of this indictment, and a jury, with Mr E. W, Knowlcs as foreman, was enipannelled to bear the case. As the evidence in this enso Avill still be fresh in the recollection of our readers it need not be repeated here. In addressing the jury the prisoner remarked that he was placed iv au unfortunate position. Ho had acknowledged to having made one "mistake" with regard to passing a cheque, but it did not follow that because a man steals rmo horse he would steal two. Th.<> cheque bearing the names of Sowell and Donnelly he had had given to him by a particular friend of his, aud in order to save that friend ho hud, when ho discovered the cheque to be valueless, paid the amount of money it represented and tore it up. The pieces ho unfortunately threw carelessly on the floor of the shop Avhcre he had originally cashed the cheque, and now it came up against hint. He had told the Avitncss Hall that ho had received the cheque from a. friend, and the truth of this assertion had not been contradicted, neither was there any evidence to show that he had ever signed the cheque, or that he had received a blank cheque from anyone. The jury agreed to a verdict Avithout leaving the box, and found the prisoner guilty of uttering Avith the knowledge that tho cheque was a forgery. In reply to the Court, Inspector Seully said the prisoner Avas a stranger in Hawke's His Honor said he could only repeat Avhat had been said often before, both, from that Bench aud iv the ncAvspaper press, about tho careless and baneful practices of tradesmen iv taking cheques in the course of business from strangers. There must be a certain amount of ' loss incurred by people who transacted business in this loose way, and the result Avas that honest people were made to pay higher prices for their goods than Avould otherwise rule in order to_make up such losses. As for the prisoner, it was highly discreditable to him, in coming a stranger to tho district, that he should commence in the manner he had done. For each of the offences ho Avas sentenced to three years' penal servitude, the sentences to run concurrently. TRUE DILLS. The folloAving additional true bills were found by the Grand Jury .-—Ralph Crawford, forgery; George Alison, bestiality ; To Whatu, perjury : Tangata te Kino and To Kuru Rutcnc, malicious assault; John Christie, William Seymour, and Michael Roilly, perjury. Some discussion on a legal point took place consequent on an application by the CroAvn Prosecutor for leave to submit to the Grand Jury the depositions of Captain Balle, a principal Avitncss in tho three local cases for perjury, lie being absent from the colony. , ( Objections were raised by Messrs Cornford and Lee, counsel for Seymour and Roilly, and by Mr Lasccllos, Avho represented Christie, but these Averc finally overcome by His Honor suggesting that, iv the event of true bills being found, the hearings before common juries might bo adjourned until the Avitncss Balle could attend. His Honor said the Registrar had just received a telegram from Mr Balle, avlio, it appeared, was still in NeAvcastle. It Avas doubtful Avhether he could arrive in time to give evidence at the ordinary sitting of the Court in Napier, but, if not, ho (His Honor) Avould hold a special, sitting on his way from Gisborne. If that course met with the approval of counsel he would make an order for tho depositions to go before tho Grand Jury. This was agreed to, and tho depositions Avere sent before tho Grand Jury accordingly. After a retirement of over au hour the Grand Jury came into Court. Mr Tanner stated that the Grand Jury had, by a majority, decided to return true bills against all three of the defendants. He had, however, to explain that one of the members of tho jury (Mr Donnelly) was absent during the investigation of tho cases, lie having had to attend in Court and give evidence in the charges of forgery against Dawson. His Honor said that made no difference, provided that twelve agreed. The full Grand Jury was made 23, iv order that a majority could decide Avhether a true bill should or should not be found. True bills Avere formally returned, and the Grand Jury were discharged. The Court then adjourned. Tins Day. His Honor took his seat at 10.30 a.m. THE I'ERURY CASE. On the application of "Mr Cotterill the cases of perjury against Christie, Seymour, aud Reilly Avere adjourned so as to admit of tho attendance of Captain Balle, and the witnesses were relieved from attendance until to-morrow (Wednesday) Avcek, Avhen if found necessary a further adjournment -will take place. HOUSE JJRKAIUXU. Emmanuel Edwards pleaded not guilty to having, on tho '29th May last, feloniously broken and entered the 'dwelling-house of Mr McLonnan at Onga Onga, aud taken therefrom a number of bank notes and certain goods the property of Mr McLennan. The foiloAving were empannelled as a jury to hear the case:—Messrs Philip Dolbcl (foreman), T. J. Wood, J. Ulingworth, F. Williams, John Northe, P. Ready, W. G. Faulkner, T. Clcary, John Roberts, IT. Hammond, E. A. Watkins, andM. Hyland. Murdoch McLennan, being sAVorn, said ho Avas a farmer residing at Onga Onga. On 29th May last he left his dwelling-house early in the afternoon. ' He pulled the kitchen door shut when he left. The other door Avas also shut. There Avere four windows to the house, Avhich Avero all closed and fastened. When witness left the house he left a suit of clothes in his bed-room value for _" l<3s. Iv one of the pockets of his coat there Avere twelve .El notes, which he gut at the Bank of Australasia, Waipawa. They Avere all notes of that bank to tho best of Avitness's belief. Witness returned to his house at the end of about an hour and-a-half to tAvo hours. When he came back ho found the door still shut as ho left it, but noticed nothing unusual. On Thursday, a Ist of May, he missed his clothes for tho first time. During the interval he had not been far away from his house. When he discovered his loss ho went to WaipaAva and informed tho police. Tho clothes produced wero the same that ■witness lost. Mr Thomas Glenn}'- was his nearest neighbor, aud lived about half a mile distant. By tho prisoner: I have no particular mer'k on the clothes ; there is a button oif by Avhich I recognise a part of them. Thomas Gleuuy, farmer, residing at .Onga Onga, deposed that he lived about half a mile from Mr McLcnnan's dwelling. The prisoner had worked for witness a short time. He knoAV him for about two years Off and on. Recollected the 28th May last. BaAV prisoner at the WaipaAva-mate on that day, Avhen he asked witness for Avork. "Witness replied in the negative, and the prisoner then asked if he might stay for tho night. Witness said if he Avent on to Onga Onga he (Avitncss) Avould give him a shakedown. Tho prisoner stayed at his house that night, and aboutacoupleof hoursafter he left Avitncss's house the following morning Jwilness saAV him about a quarter of mile away near the creek. Between 1 aud 2 o'clock prisoner returned, and asked Avitncss if he had seen a tall man. Witness said "no," and the prisoner left. Did not notice iv what direction the prisoner went. Witness _nno out again shortly afterwards, and ihoro 'was no sjgn of prisoner. Noticed JMcLcnnan's sheep running, a»d conjectured that the priso'u'erhnd gone that way. hiaw : po more of the man"afterwards. ' ■ Constable Pro--naban. af WaipaAva identified tho lirtautier. From information received withes» proceeded to tho Sawyer's 'Arms Hotel, Hampden, on theoppo:ddo side of the river to Onga Onga, Saw tho prisoner at tho hotel, He had a swag in his possession, Avhich Avitncss searched, and found therein tho suit of clothes produced. Prisoner first claimed that the things were-

his. Witness then charged the prisoner with having stolen the clothes and twehe XT notes from Mr McLennan at Onga Onga. Witness then proceeded to search tho prisoner, Avhen he pulled out a bundle of no'es'j and said, " Here you are ; I stole the Avhole lot from Murdoch McLennan of Onga Ouua." Witness counted the notes. There were eight of them, all on the Bank of Australasia! (Notes produced). Also found 4s in silver on the prisoner. Witness then took the prisoner to Waipawa, and locked him. up. By the prisoner: You were drunk Avhen I arrested you. You slated to me all that I have said in Court. Prisoner: I don't believe I did. I was in a beastly state of intoxication when you found me at Hampden. His Honor, in summing up, reviewed the evidence, and said the prisoner stood indicted for breaking into a house and stealing property and clothing of the A-aluc of more than .1.l 'They laid been correctly informed by the Crown "Prosecutor that it was competent for them to convict the prisoner of either one or other of the charges of Avhich tho indictment was composed, i.e., if not satisfied Avith tho evidence of •'breaking" the jury might acquit him of that charge aud convict him of steal lug property of the value of over ...">, supposing they believed that the door of 'the house was left open. That Avould not be "breaking.'' If, however, the jury \vw; satisfied with the evidence of the prosecutor that the door was shut by him and remained shut, even although' it was only closed and not locked, and 'they believed that the prisoner had entered by it, they would find him guilty of " breaking." .Mr McLennan Avas hero re-called. By a juror: The lock on the door Avas broken. ' It was kept shut, hoAvevcr, by a catch. Witness was sure tho door Avas fastened by means of that catch Avhen he left it. Tho jury retired, and in about twenty minutes later returned into Court Avith a verdict of guilty on both counts. His Honor said the offence of Avhich the prisoner had been found guilty Avasof much more seriousness than one for ordinary larceny, and required to be dealt with much more severely. People iv country districts especially must have their property protected against dishonest persons. The prisoner Avas sentenced to three years' penal servitude. FORGERY. Ralph CraAvford was indicted for having forged and uttered a cheque for £7 on the Union Bank of Australasia purporting to be signed by Mr H. A. Lambert. "The prisoner pleaded guilty, and asked His Honor, before passing sentence, to read a statement he had prepared explaining his position. He Avould also like to call a witness to certify as to his former good character. IT. A. Lambert was then called, and, in reply to the prisoner said he had knoAvn him for about seventeen years, during Avhich time he knew nothing personally against his character. Prisoner had worked for witness as a shepherd. Did not think the 2>risoner Avould be guilty of an offence such as that in the indictment if he had been in his sober senses. By the Court: Crawford Avas a single man. His Honor, after perusing the i>risoncr's Avritten statement, observed that ho Avrote a good hand, and asked if he had ever served in the army.. The prisoner, in reply, said he had served in tho colonial forces and iv tho Constabulary. He had hold a different position in the Homo country to that he held here. Mr Cotterill said the prisoner had been convicted in Juno, 1880, of uttering a valueless cheque, and Avas sentenced to two years' penal servitude. There were also several summary convictions recorded against him. Inspector Scully testified that the prisoner Avas a very quiet man, and never committed himself in any Avay Avhen sober. His Honor said he would defer sentence until to-morroAV morning at 10 o'clock. Tho prisoner was then removed. UNNATURAL OFTEN CIS. George Alism Avas indicted for having, on the 17th of Maich, at Matamau, committed an unnatural offence. The prisoner, who spoke in a sharp tone of voice, pleaded not guilty. The following Avere sworn in as jury to hear the case:—Messrs S. Carncll (foreman), R. Wall, G. Smith, E. Beck, B. C. Ware, H. Martin, J. T. Renouf, W. Ward, W. G. Motley, C. Cranby, A. T. Danvers, and T. Warrington. Mr Cotterill, Crown Prosecutor, opened the ease, and explained the character of the offence with Avhich the prisoner was charged. Four Avitnesses Avere examined, but the evidence Avas unfit for publication. The prisoner put several questionc to one of the witnesses, and the answers not being to his satisfaction he made an onslaught on the Avitncss, Avhom he charged Avith being a man avlio "carried two faces under one hat." He also asked the witness Avhether he recollected any one knocking his (witness's) head through Peter Gow's Avindow seven years ago, and being answered in the negative the prisoner said lie recollected it Aveli enough, and would perform the same feat again if a chance presented itself. There Avas never any good in the Avitncss, and the people of Ormondville were all the same. Tho prisoner gave an emphatic denial to all the material allegations, and stated that the Avitncss Bain, avlio Avas the only one that professed to have seen the crime committed, was actuated by motives of revenge arising out of a quarrel they had had some seven years ago. His' Honor,' having summed up, the jury retired at 1.00 p.m., and the Court Avas adjourned for an hour, Shortly after the Court resumed the jury returned Avith a A'erdict of not guilty, and the prisoner Avas discharged.