SECOND EDITION. SUPREME COURT.

Evening Star, Issue 3786, 13 April 1875, Page 3

SECOND EDITION. SUPREME COURT.

CRIMINAL SESSIONS.

Tuesday, April 13. (Before his Honor the Chief Justice.) SENTENCES. Robert Gimlet (24) was brought up for sentence, he having pleaded guilty ti a charge of stealing from the person at Otepopo. On being asked if he had anything to say, prisoner said he was very drunk at the time of committing the offence, and had been drinking heavily for some time previous. The sentence passed upon him was six months’ imprisonment, with hard labor. John Hagerty (32), found guilty of assaulting Constable Yemen with a knife while in the execution of his duty, was then brought up. On being asked the usual question, the following colloquy took place:— Prisoner : I wish to appeal, yoor|Honor, as I had no witnesses here yesterday. His Honor ; That is no ground whyfsentence should not be passed on you. Prisoner: The evidence against me I consider no evidence at all.

His Honor: Theljury found that there£was evidence.

Prisoner : Your Honor is under a wrong impression. I’d nonsuit them. If I have till tomorrow allowed me, I can bring witnesses to prove that I was only filling my pipe when the constable rushed me. 1 couldn’t tell if he was a madman—he had no hat on. I consider I should get my liberty according to the evidence. If not, we’ll empannel another jury. His Honor; Have you anything more to Bay? Prisoner: If you commit me I hope you will not commit me to bard labor in the lion’s mouth—amongst my enemies, the police. His Honor : You will not be placed among the police. Have you anything more to say ? Prisoner: I expect to have my liberty. lam not a convict or an old lag; neither was my father or my mother. I don’t like to do hard labor on the roads. I hope you will liberate me.

His Honor: Prisoner at the bar—l have every reason to believe that you are what we call a respectable person—an honest man; but you had been drinking heavily. It is a mere chance that you are not being tried for murder —it is not your fault that you are not standing in that dock charged with murder. If your hand had not been arrested by the constable you would have struck him a mortal blow; and then there would have been nothing to prevent a jury from convicting you of murder, when you would probably have been hanged. The sentence of this Ceurt will be a mild one, and I hope its effect wiT be that you will see that your physical condition is one that will not permit you to indulge in drink. If you do so indulge you will one day stand in the dock charged with murder. It may be that you are now in need of medical attendance, and while you are incarcerated the officers of the gaol will be instructed to look after you, that you may not be rendered uncomfortable. The sentence of the Court is that you be imprisoned for six months with hard labor. George Johnson, found guilty yesterday of commiting a criminal assault upon his stepdaughter, a girl at that time nine years old, was not sentenced this morning, as there was another count in the indictment. His Honor, therefore, directed that prisoner stand back for sentence till ordered to be brought up again. ASSAULT WITH INTENT TO STEAL. Thomas Griffith Green was charged with assaulting the person of Sampson Dealey, with the intention of stealing certain property of jhis, at Port Chalmers on March 12 of the present year. Prisoner, who had to be seated in the dock, owing to a bad leg, pleaded not guilty, and was undefended.

The Crown Prosecutor stated the case, after which the prosecutor and John M ‘Dougall, baker • E. Sutton, storekeeper; N. Smith, draper; ami Sergeant Neil, all of Port Chalmers, gave evidence. From their accounts it appeared that prosecutor arrived at the Port in the Mallowdale on March 10, and, while intoxicated, went to Dodson’s Hotel and asked for a bed. Prisoner, who was present, said he could find him good lodgings, and took prosecutor down a right-of-way next to t've hotel. At the end of this passage there was an open yard, and here prisoner assaulted prosecutor and snatched away his watch and chain. Both fell down, and prosecutor got the watch back, but the chain was broken in so doing. Prosecutor then called out for the police, and prisoner, who was getting away, was arrested, the police and several people running upon hearing the scuffle. Prisoner cross-examined all the witnesses, and called J. Walters, barman at Dodson’s Hotel, who did not, however, give material evidence. Prisoner then addressed the jury, stating that on leaving the hotel with proseculatter to a boardinghouse, they both fell off the bank in the right-of-way, and that was the way prosecutor broke his watch chain. He had no evil intention against prosecutor or his property. His Honor summed up, saying it was purely a case for the jury to consider. The jury retired for ten minutes, and then returned a verdict of guilty.' Prisoner, who stated his age to be fifty-seven, and against whom there were several previous summary convictions, was sentenced to imprisonment for twelve months, with hard labor.

BILLS. tit 6 ™ ran . d Jur y re turned true bills against 'l®ming, on each charge, against John Hartley, Margaret Collins, and George Johns, ihey returned no true bill against - Angus, charged with horse-stealing. t (^ rown Prosecutor); Your Honor, mu i/ 10 , and ur y bave been misinformed, ihey ha ve thrown out the bill against Angus, as they deemed the evidence of two witnesses examined by them not strong enough; but there is another witness on the indictment—the pro-secutor—-whom they have not examined. Mr Cargill (Foreman of the Grand Jury): x our Honor, we found the evidence of the two witnesses quite immaterial, and on sending in to the Crown Prosecutor for the third witness the answer was returned that we had all the evidence that could be supplied. We therefore ®rew out the bill.

His Honor : Exactly. I feel at large to speak on this case, now that the bill is thrown out. It jMrwry Medlar points, and the jury would have found s necessary to prove that at the time the prisoner got the hire of the horse he intended to steal it.

' L shouW like to know wk o gave the Grand Jury the answer the foreman speaks of The evidence of the third witness is very KStaDmrfl” ““ 116 His Honor ; Whenever any question arises in S e -r 0n i y P erson to be communiSSt and the foreman should Ek H He ^ e \ er > in case Ido not IwnbaMwi 68,1 harm has been done, as probably the petty jury would have had a difficulty in convicting. The prisoner, who is now undergoing a sentence of three months’ hard labor for vfgrancy m Dunedin gaol, was ordered to be brought up Mr teali ” s ch " ge at ‘ he On resuming at two o’clock, His Honor said in reference to thereemast th.*ss„r? the .. bi ?> s. books and in' at he had looked into the that aWP f ill the conclu3l °n arrived at was Tndt b °^ gh . t not to K° before the Grand HaLi! *P ? subsequent Grand Jury. He (the learned Judge) thought no harm had of attend! becaus ® *he prosecutor was incapable of attending, and it was tolerably certain that a petty jury would not have convicted where iT 8 *™h a nice o£ as it Z peared to be on the face of the depositions 1 ABSON. TnvZ g - • J ° hnS w r* indicted f or having, at lokomamiro. on January 31. set fire to stacks mi°b!’ jfflsS. of one Arthur Calder - The case was proceeding at 4 o’clock.

A,n American billiard tournament has been played in London. Roberts won the deciding After defeatln £ Alfred Bennett by 140 points! Y “ S ® x S enß ® 8 > aboT >t L 650 will be divided among the competitors.