SUPREME COURT.

Evening Star, Issue 3169, 17 April 1873, Page 2

SUPREME COURT.

CRIMINAL SESSION.

ViCSTEKDAY. (Before bis Honor Mr Justice Chapman )

OBTAINING MONEY UNDER FALSE PRETENCES,

Ah Youck was charged with obtaining money under false pretences from one Vincent A. Fyke, at Naseby, on the 17th January. The circumstances of the case arc as follows The prisoner went to the Bank of New South Wales at Naseby, and addressing himself to Mr Pyke, wished him “ good day,” and said he wished to sell gold. A leather bag was produced, apparently containing gold, the contents of which {-Lz. udwtsj Mr Pyke bought, paying him LIG 3s. After this parcel had been bought, he produced a similar one in appearance containing 2oz. ISdwts., which was al-o purchased, UO Os fid being given in exchange. After he had left the bank Mr Pyke’s suspicions were aroused, and he tested the gold with a blow pipe, when he found that it changed color, and that the composition was not pure. On its being analysed by W. Grummitt, the Bank agent, and 0. XL Payne, assayer, it was found to con fist of 35 per cent, of gold, 49 of silver, and 16 of base metal. Evidence as to the arrest of the prisoner, and of several statements made by him having been given by Sergeant M'Cluskcy and Constable Rooney, the case for the Crown closed, Mr Stout submitted that there was no case to go to the jury, as the indictment charged the prisoner with pretending that a certain composition was gold, whilst it was not proved that it was not gold. but on the contrary it was admitted that 35 per cent, of it was go'd. He also urged that pretending that the composition was gold was not a false pretence, but merely a false assertion as to its quality. He cited Rei/. v. Lee, 8 C.C.C., and Beg, v. Bryan, l’Deans and 8.0.C., 2C6, in support of what he said.

His Honor pointed out that in Mr Pyke’s evidence there was only proof of an attempt, as he had not bought the gold, because of the representations made to him. Mr Haggitt admitted this, but urged that there was no evidence to go to the jury of the attempt. He cited Jicyina v. Bochuch, T.J.M.C., 101, Ben. v. Sou ter and Colmi, 10 rex., C.C., 577, and Bey. v. Abbott, 1 Deans, C.C. Mr Stout replied, arguing that if the cases cited did not meet v. Lee, and that if the prisoner were found guilty, anyone selling a gold chain, of gold only 9 or 12 carats fine, could be indicted and punished. His Honor thought there was a distinction between manufactured and natural gold, but as the point was important, he would leave it to the jury, and should a verdict of guilty of an attempt be found, he would submit the case to the Judges of the Court of Appeal. Mr Stout then addressed the jury for the defence, urging that there was no proof that the gold produced was not gold, and commenting on the conduct of the police in interrogating the prisoner. His Honor summed up, pointing out that this was not a case of a manufactured article, but of gold supposed to be in a state of nature.

The jury retired at 5.30, and returned to Court at 7* 20 with a verdict of an attempt to obtain money by false pretences; and his Honor said he would reserve sentence until the opinion of the Court of Appeal had been obtained ; accused meanwhile to remain in custody. Tins Day. SENTENCE Peter Fotheringham, thirty-eight years of age, was placed in the dock, to receive sentence on the charge of larceny from Dench’s hotel, Port Chalmers ; and also burglary and larceny from the Harbor Co.’s premises, Dunedin. In answer to the usual question, the prisoner pleaded having a wife and family dependent upon him, aud promised, if dealt leniently with, to make amends for the past; adding, if ho were ordered to he flogged or sentenced to solitary confinement, they would feel it more severely than himself.—His Honor, in passing sentence, said he observed there were two recent convictions against the prisoner—the first in Wellington, in 1872,' aud the other in Dunedin, on the 24th January of the present year, [Prisoner : For which I was fined Ls.] Besides this, he could not pass lightly over the offences. As for breaking into the countinghouse of a merchant or trader, the law required him to punish a person far more severely than for larceny. For the larceny from Mr Dench’s he would bp sentenced to twelve calendar months’ imprisonment with hard labor ; aud on the count charging him with breaking into the Harbor Co.’s premises and larceny therefrom, ne would be sentenced to four years’ imprisonment; the latter sentence to take effect after the expiration of the other. RAPE. John Gibb was charged with committing a rape on the person of Jessie Hay, a little girl aged eight years and five months, at Woodhaugh Valley, Water of Leith, on the 3rd March. Mr Wilson defended. The evidence for the Crown was published in the Star of the 7th March. No witnesses wore called for the defence. ... Mr Wilson hoped the jury would bring in a verdict of assault, as it was in their power to do The prisoner had hitherto borne a good' character, and had partly supported Lis mother. , . ... jury, after a short deliberation, returned a verdict of rape, with a strong recommendation to mercy on account of his Mr Wilson then called one of the jurois, named Andrew Wilson, who said prisoner had worked with him for twelve months, and he had no occasion to complain of his character. He had known him for three Wilson intimated he would call witnesses as to prisoner’s character to-monow morning. The Court then adjourned.