SUPREME COURT.

Evening Star, Issue 3791, 19 April 1875, Page 3

SUPREME COURT.

CRIMINAL SESSIONS. Monday, April 19. (Before his Honor Chief Justice Prendergast.) SENTE CES. John Walters (45), convicted of the murder of James Ames Holmes,; was brought up for sentence. M.r W. D. Stewart produced the following witnesses to speak to character:— Councillor John Grant, who had known prisoner for twelve years, and always found nim of a peaceable disposition; David Thomson, storekeeper; Peter Forrester, coal dealer; and Abraham Anderson, lighterman, all of whom knew him as a quiet, inoffensive, peaceable person. His Honor: Prisoner at the bar; although the jury were justified in convicting you of murder, yet the evidence as to the amount of provocation you received is by no means conclusive. The unfortunate man (deceased) admitted that he had given you a blow, but your statement that the blow"was intended to put you in the tub, I certainly do not believe. I also do not believe, and the jury were right in attaching no weight to that defence set up, that the wound was an accident. You are a person in the habit of using at your business a very sharp knife—a deadly weapon ; and if I gave you a light sentence it would do this harm: men in the habit—such as butchers, slaughtermen, and others—in the daily habit of using such weapons, would be likely to take the lives of theirfellow m en under circumstances when persons not following such occupations might perhaps be held more excusable—not excusable, but as not having acted, in a manner, so criminally. 1 feel bound therefore to pass a heavy sentence on you. The jury find that you did this without but that you did it wilfully ; that is, you did it under circumstances that constitute manslaughter. The law allows, in extreme circumstances, a sentence to be passed just short of death : I feel bound to sentence you to be kept in penal servitude for fifteen years. Johnson (43), convicted of committing a criminal assault upon his step daughter, was brought up for sentence. In answer to the usual question prisoner handed a letter to the learned Judge, which was read, to the effect that he had been two months awaiting trial, and that he had been prevented from obtaining legal assistance by the conduct of his wife. He had told her to sell certain property of his, so as to pay a lawyer, but she appropriated the money to her own use. He hoped the Court would take into its kind consideration that he had been under medical treatment for three years and could do no hard labor; also the peculiarities of the case: the treachery of his wife, the lapse of time, and the good character given him by some of the witnesses.

His Honor : Prisoner at the bar, you charge your wife with treachery She has, I believe, been treacherous—but not to you. I believe from the that have been proved and from what I am satisfied of from other matters not proved, that if it had not been for the reticence of your wife this unfortunate affair would never have happened. Your wife was treacherous, not to you, but to your children. No sentence the Court can pass upon you can adequately express the feelings ‘ I have and all men must have of your conduct. I am assured that your bodily state is such that you are not fit to receive the lash, nor am I sure that that sort of punishment is applicable to the case. It is clear to me that you are not fit to be at large—your offence is such that if the slightest idea were entertained by members of families that such an offence could pass without the severest punishment, the family tie would be entirely abused. You have availed yourself of your position to demoralise for ever the unfortunate child, the victim of this act. As the law allows, as its fullest sentence foi this offence, penal servitude for life, I shall give you something short of that—but not much short of it. The sentence of the Court is that you be kept in penal servitude for twenty-one years.

UNLAWFUL WOUNDING. Tsong Tsi was charged with unlawfully assaulting and wounding Yu Chee on January 10, within tent to do him greivous bodily harm. Prisoner pleaded not guilty, and was defended by Mr James Smith.

Mr Smith stated that prisoner was an alien, and claimed to be tried by a jury of aliens. The. Crown Prosecutor said he could have no objection.

The Court ordered writs to be issued for a special jury, and the case was fixed fer this day week.

RAPE. John Hartley was charged with intent to commit a rape upon Ann Siberson, a married woman, on January 9. A second count charged pnsoner B with assault with intent. Prisoner pleaded not guilty, andlwas defended by Mr Stout.

The Crown Prosecutor stated the facts of the case, from which it appeared that prosecutrix, whose husband lived at Timaru, bad received an order on the day in question to go to the Benevolent Institution for relief. On her way in the evening she saw prisoner in a small cart, and asked him to give her a lift. He consented, and she got in. Prisoner then drove on, only stopping at the Farkside Hotel to get a drink (offering prosecutrix one, which she refused), and did not pull up till he had got through Caversham and past all the houses. Then he backed the dray into a corner of the road, threw prosecutnx on tho bottom of the dray, and attempted to commit a rape upon her. She screamed out and the horse began to move, upon which prisoner got up to quiet it, and prosecutrix jumped dr ay ARd escaped, running into Caversham. She then told a policeman of the affair, and he ran after prisoner, brought him back, and, prosecutrix recognising him, he was taken to the station.

The following witnesses were examined for the _ prosecution The prosecutrix, Anne Ohriste, John Woodrow, Henry Mitchell, Mrs Blackstrood, Andrew Boyd, and Constable Rooney. The case for the defence was commenced at four o clock, Mr Stout stating that he intends calling several witnesses.