SUPREME COURT.

Evening Star, Issue 3084, 7 January 1873, Page 2

SUPREME COURT.

CRIMINAL SESSION, Tms Day. (Before Mr Justice Chapman.) SENTENCE. Robert Littlecott, for embezzlement at Oatnaru, wap brought up for sentence. His Honor said: Prisoner, you have been found guilty on one count i,u the indictment, and recommended to mercy on the ground of the small salary you received in your last situation. You have pleaded guilty to another count, making four or five instances of embezzlement cpmmi'.trd by you. The smallness of tie salary you received might serve as an apology for getting into detyt: but it was no excuse for the crimes you committed at Oamaru, The position you held was one of trust, and the breach of such was greater than crime against property. The Legislature intends that breaches of trust should bo severely punished, and it was tlfe practice of the Court to carry out that intention. This is not, however, the first time you have been convicted of mime, for I find that in 18i)7 you were convicted before Mr Justice son, of Christchurch, of obtaining money by means of false pretences, and sentenced to three months’ imprisonment with hard labor, hi 181)9 you were convicted of uttering at this Court, and sentenced to three years penal servitude. It would seem that these sentences have had no efiect on you for good. You will now he sentenced to four years imprisonment with hard labor on one count, and for the others I will inllict a flight penalty, namely, that you he imprisoned until the rising of the Court, and if you again come before me you will be more severely dealt with. INDECENT ASSAULT ON A CHILD. John Higgins was indicted on the charge of bavins, oo fto of Novwtfw Iw,

unlawfully and indecently assaulted, beat, and otherwise damaged a little girl of ten years, named Louisa Victoria Walden. Prisoner pleaded “Not guilty,” and was defended by Mr Wilson. Mr Kaggitt prosecuted. —Louisa Victoria Walden said she was living at Mrs M‘Combe’s, nursing her baby, aud was ten years old. Une Sunday she was playing with Teddy Baker and John M ‘Combe, Both were younger than she, but she could not say how long it was since that Sunday. While playing, she saw the prisoner at the back of the stable. He caught hold of her. [Here she described the crime committed and prisoner’s procedure.] She tried to got away from him, but he did not let her go until I’obert Howie came round the stable. Ho then dropped her, and ran roundtheback of Lystcr’c.garden. Shctoldher B'ster and Mrs M 'Coombe that evening, and her mother and father next morning, what had happened. Cross-examined: She did not aorcara when the man caught hold of her. Robert Howie, a lad of about 15 years, said he remembered something happening to last witness, but could not say what date it was, more than it was on a Sunday evening. He was sent to look for her, and found her behind the stable. He saw the prisoner with her. Prisoner had hold of her round the waist, and was pressing her to him ; his clothes were disarranged at the same lime. The girl was trying to get away from him. [Here witness corroborated the evidence of last witness as to the committal of the crime. ] He cried out. “it is a fine thing you are doing there, ’ when prisoner let the child go. She came to him crying, and prisoner ran away. During the evening, he went round to prisoner’s place, and said, if he would give him L 5 ho would say nothing about it. Prisoner told him to go to h—. He then told Mr M ‘Combe, and on the following morning reported the matter to the police. —fallen M' Lauchlan said 1 ouisa Walden was her half sister. She was at Mrs M ‘Combe’s on the Sunday night in question, and heard her sister complain of what prisoner had done to her.—John Walden, father of Louisa Walden, said when he first questioned the child regarding the crime she denied it, but when he mentioned the name of John Higgins she began to cry, and confessed it.—Constable M‘Gann, stationed at B ! ack’s, said he arrested prisoner on the morning of the 25th of November. He told him the charge against him. He weut to the stable where the crime was alleged to have been committed. At the back there was a small lean-to, forming an angle. In this corner he saw the marks of two boot heels pressed into the sod. He had known the prisoner for over two years as a man of good character. He had also known Howie, who was known as a bad boy. Th t defence set up was that of improbability, counsel for ] risoner pointing out the irreproachable character the prisoner had hitherto borne, and his conduct immed aly before and after the time the crime was alleged to have been committed, arguing that it was not at all likely {hit the prisoner would risk his happiness and liberty as set forth. He also directed attention to the nntrustworthiness of a portion of the evidence, not only of the girl herself, hut also of the hoy Howie, and asked the jury to acquit, the prisoner. He had received a testimonial of good character in favor of Higgins, sign-ul by over 150 persons, who had known him for a considerable time. His Honor summed up, and the jury retired. After an absence of a few minutes, they returned with a verdict of “ Not guilty.” The prisoner was then discharged. This concluded the calendar, and the Court adjourned.