SUPREME COURT.

Evening Star, Issue 3006, 7 October 1872, Page 4

SUPREME COURT.

CRIMINAL SESSIONS.

This Day. (Before Mr Justice Chapman.)

The Quarterly Criminal Session of the Supreme Court commenced this morning before Ids Honor Mr Justice Chapman. The followß g gentlemen formed the Grand Jury Messrs W. 11. Cutten (foreman), A. Beverley, John Davie, Daniel ITayes, A. H. Jack, J. Kilgour, Henderson Law, R. A. Lawson, R. 11. Leary, Robert A. Lowe, R. Rutherford, C. H. Street, A. R, lire, J. B. Anderson, George Miller, Charles Stewart. His Honor, addressing the Grand Jury, said the calendar on the present occasion was not very heavy. There were but seven cases in all, out of which six were offences against propc ty, and only one against the person, but that was for a very grievous assault. The cases were of such a nature as to require little comment from him, but the operations of the Grand Jury might be faciliif ho described some of the peculiar features of the cams.

The first was that of Samuel Holly, for stealing from a dwelling. The prosecutor was a man named Watson, who lived not far from Arrow T®wn, and was working in a claim a short distance from the house, which, however, he could not see. Going, one evening, to a drawer in which he had placed L 52 or LSJ for some money, he found it gone. Shortly after he w T cnt to a box in which he had placed some nuggets of gold in a leathern bag ; but they had been taken away. A short time afterwards he gave notice to the police of his loss. > othing was heard of the property for several months ; but at length the prisoner was arrested, having in his possession a leathern bag containing a few nuggets, of which the prosecutor identified one or more as his property. It was also ascertained that the prisoner had some time previously sold some gold to the branch of the Bank of Otago at Arrowtown. The police, accompanied by the prosecutor, went to the Bank, the gold was produced, and some of it—at least one or two nuggets—were identified as the prosecutor’s property. There might have hem some difficulty in this case arising from the length of time that had elapsed between the theft and the discovery of the property ; but in that case the matter was removed from all doubt, through convictions with and admissions by. theflprisoncr. There would, therefore, be no difficulty in finding a true bill. The next case was that of John Batty, charged with stealing sheep, the property of Mr Menlove, the well-known butcher of this town. The prisoner had been for some time in his service, and was sent to Waikouaiti to receive a number of sheep for the purpose of taking them to Mr Menlove’s slaughter yard. Batty came into the town with a large lot of sheep, but instead of delivering 521, which , were entrusted to him, he only delivered 504, which he asserted to be the whole number delivered to him by Oliver. Mr Menlove, thinking this rather strange, he made enquiries, and it was found Batty had sold seventeen sheep for 88 6d each, to a butcher living at Blueskin, who had at least two skins in his possession that Mr Menlove was able to identify. Undet the circumstances, there would be little difficulty in finding a true bill. The next case was that of Richard Chaplin Evatt. It was rather a serious one. The prisoner was confidential clerk to Murray, Roberts, and Co., and, Mr Roberts having occasion to go out of town, left with the prisoner four cheques—one for L2OO, and the other three for LIOO each. Shortly afterwards, returning, he found his confidential clerk Viad. decamped., and. taken shipping to Melbourne. Inquiry was made about the cheques, and it was found that three had been properlv disposed of, and entered in the books. Rot so with the cheque for L2OO, for which it was found he had received the money and not accounted for it. He supposed proper steps had been taken to bring him from Melbourne. At any rate, he was in Dunedin, and would be brought up for the offence. What defence would be placed before the petty jury was another matter. All that the Grand Jury had to do was to ascertain whether or not there was a case to answer.

The next case was of some difficulty. It was a charge of arson. It appeared that Duffy lived at Clyde, and was separated from bis Avife, who lived in a small house in one of the streets of that town by herself. On the Bth September, early in the morning, Duffy was heard to be making a disturbance about his wife’s house, and that of a person living close by attempting to get in by kicking at the door. Several persons hoard the noise, which was repeated. Shortly afterwards, one of the witnesses, who would be called, on looking out of the door, saw flames issuing from the house of Mrs Duffy. .An alarm Avas given, and Duffy Avas seen near the fence, in a state of half intoxication. Witnesses differed as to the degree. He was muttering to himself, “ I have made a fine b’azc,” something as a drunken man would mutter, with some other expressions—threats against his wife—tending to show the tire Avas caused by him. He Avas shortly afterwards seen with a clock in his hand, which would be identified as having been seen in Mrs Duffy’s house. No other person was in the place at the time. '1 he facts were-First, there was no other person about the Ipremiscs a{: tljat unusual time. Second: Duffy was about the premises. Third : The fire breaking out almost {immediately afterwards. Fourthly : His threats must be considered. And fifthly : That he had in bis possession a piece of property that had been in the house. It appeared on the first alarm Mrs Duffy escaped by the back door. Her evidence could not betaken against her husband, and she was in such a state of confusion that she could give no account of the affair. Some evidence would be given about the situation of a stove Avhich would be proved to be new, and that the lire could not have been caused by it as it Avas properly placed. The next case Aras that of Plummer, of Avhich the Grand Jury must have heard so much that it was unnecessary for him to give any instructions. He would simply say Plummer escaped from the labor gang of prisoners working near the Cemetery, and he Avas at large for some eight or nine days. During that time he went from place to place gathering up whatever fell in his way money, clothes—whatever fell in his Avay he took. No less than five larcenies ATere charged agaiust him. He was also charged Avith being a prisoner illegally at large. There would be no difficulty iu dealing with that.

There was a case of horse-stealing, with which there would be no difficulty. The most distressing case was a charge of assault against Thomas Bplland, who at-

tacked his wife »o severely that she bad in. consequence been confined to the hospital for some time. On another occasion he broke her leg ; but he believed that was not so serious an injury as that with which he stood charged. No doubt the man may have been irritated by the circumstances in which ho found her. These would be entitled to consideration, and would be were he convicted ; but as far as the offence was concerned it made no difference. No man had a rlirht to take the law into his own hj olds. The circumstances were, that the woman was a habitual drunkard, n glecting her children and household duties to such an extent as on one occasion to sit before the fire with an infant on her knee and allow its feet to be scorched or burnt. One of the witnesses was a little girl, her daughter. No doubt the condition m which he found her, no dinner ready for himself, the children crying for food, had led him to commit the assault, He appeared to have expressed some contrition, and probably he would plead guilty and throw himself on the mercy of the Court, If that admission were made, no difficulty would be found in dealing with the cas?. After somewhat more than an hour’s retirement, the Grand Jury found true bills against all the prisoners, liis Honor thanked and discharged them.