SUPREME COURT.

Evening Star, Issue 3858, 6 July 1875, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. (Before Mr Justice Johnston.) Monday, Jult 5. EMBEZZLEMENT. Alfred Chorley was charged with having, on April last, at Oamaru, while acting as outrider to Thos. Farr, butcher, misappropriated the following sums of money belonging to his late employer ;—LI 18s. received from Mr Greenfield ; L2 odd, received from Mr Brown ; and L2 3s 9d, received from Mr Adams. The prisoner was found guilty, with a recommendation to mercy. He was sentenced to six months’ imprisonment. Tuesday, July 6. BIGAMY. Charlotte Caroline Amelia Windsor Schmid (21), wife of Louis Schmid, of Christchurch, was charged with having on May Ifiiof the present year feloniously and unlawfully married one Michael Dryden, express driver, of Dunedin. prisoner pleaded “ Guilty,” and Mr. Stout said he was instructed by prisoner and her first husband that Dryden knew she was married to Schmid, but that he threatened and frightened her into committing the offence. His Honour : I may state that I have received a letter from the injured husband-a most unallowable course for him to take. From the whole facts of the matter, however, it appears reduced to a perfect farce. Still, such a desecration of the solemn marriage rites cannot be treated as a trivial affair. Mr Caldwell, what accommodation have you in the gaol, so that prisoner could be kept from associating with characters more depraved thau herself f Mr Caldwell said there was no such arrangemfcntpossible at the gaol, from want of space. Prisoner, however, was not of a very good character herself. His Honor : I should like to relegate her for a long period to a place where she would not be brought in contact with women worse than herself, and where she would think over what I say to her. iat times feel myself almost particeps enminis in cases in which I know I am sentencing a prisoner to a terra in a normal school of vice and iniquity, for such I knew the gaols of the Colony to be from my experience as Commissioner of Inquiry into Prisons. I scarcely know what to do. Call the man Dryden. (Dryden was placed in the witnessbox.) I wish to call the attention of the police to this man. I should like it to be ascertained if there be any tmth in prisoner’s statement that this man threatened and drove her into marrying him. If he was aware that she was married to Schmid, he has assisted in the desecration of sacred rites, and is responsible for k breach of the Marriage Act, for which ho is liable. With respect to prisoner Ido not know what to do—whether to send her back to her husband with a merely nominal punishment (in which case she might serve him another such trick), or to send her to gaol, where she might suffer from association with bad characters.

Mr Haggitt ; I am informed, your Honor, that prisoner kept a biothel herself in Aiaclaggan street. Sergeant Bevan (called): I know prisoner. She kept a brothel in Maolaggan street for some months previous to her marriage with Dryden. I told her to clear out the orothel, add she said she was going to return to her husband. Dryden and his father are respectable people. II is Honor: Ido not wish anything I said with reference to Dryden to act prejudicially to his character, as too much reliance must not be placed on what prisoner states. Prisoner, op being asked, had nothing to say why sentence should not be passed on her. His Honor (to prisoner) You and your husband appear, from the specious representations made to me, to think that this is a matter to bo passed over as a trifle. 1 cannot, however, allow solemn ordinances to be treated,in this manner—you use marriage for your otfla purposes, and you commit adultery for your own purposes, as best suits you. I can see it will be very little use to give you a long sentence, as I have little hope that it would do you any good. The sentence of the Court is that you be imprisoned for six calendar months’ With hard labor.

STEALING PHOM THE PEBSON. Henry Williams (31) was charged wliih having, on April 8, stolen from John ’ farmer, of Wangaloa, a silver watch, gold chain, and locket, valued at LlB. Prisoner pleaded “ Not guilty,” and was undefended. The Crown Prosecutor stated the factsof the case, which have already been published, had prosecutor and other witnesses gavo ( pimilar evidence to that girth by theu^, in, thp City ' Police Court, Prom this It appeared that pro-

aecutor was at Tokotnairiro races, and on the evening in question slept in a parlor of the Commercial, Hotel there. In the morning he missed the stolen property, and gave information to the police, The watch was eventually traced and found to have been sold by prisoner to James Shera, striker at Messrs Reid and Gray’s manufactory, and afterwards found its way to Solomon’s pawbrokei ’s shop. Prisoner was arrested, and the chain found in session.

The jury returned a verdict of “ Guilty,” without leaving the box. Prisoner, in answer to the usual question, said he bought the watch of a 'person in Duncan’s Railway Hotel before several witnesses, some of whom, however, he could not subpoena, being in custody. Mr Caldwell stated that prisoner had made no application to him with reference to communicating with or subpoenaing witnesses. Prisoner was at present undergoing a sentence ©f three months'for vagrancy. Detective Bain deposed that prisoner was a oard-sharper, and carried false dice about with him.

His Honor: His career will soon be stopped. (Toprisoner): You are a cardsharper—one of the greatest nuisances in a country. It is quite clear what you are—a vagrant, and a man of the worst character, one of those who do any amount of harm to the rising generation, and t® people who have more money than wit. In cross-examining Sergeant Bevan you could not resist showing a little of your low sharpness. The sentence o? the Court is that you be kept in penal servitude for three years.

HORSE-STEALING, John Riley (30), was charged with, on June 19, stealing a bay mare, the property of John Paisley, of Mosgiel. Prisoner pleaded “ Not guilty, and was undefended. The Crown Prosecutor stated the case, from which.it appeared that prosecutor had a boy in his employ, who, on the day named, was riding one and leading another of his horses along the Mosgiel road when prisoner accosted him, and said he would’ kill him if he did not ive up the mare he was riding. This the boy efused to do, and prisoner then threw him off he mare, m unled her himself, and lode into Dunedin. Hero he put up at the Shamrock itables, and b ing traced there was arrested. Prosecutor, the boy, the ostLr at the stables, and the arresting constable, gave the same evi deuce as that adduced by them at the Ci'y Police Court. From this it appeared that prisoner had spoken in a very strange way, and as if he_were not in his right mind. His Honor asked what the result of the examination by two medical men had been. The Crown Prosecutor said they were not satisfied that the prisoner was insane, hut Dr, Hulme was of a different opinion. Mr Caldwell said prisoner had been dn his charge since June 24, and witness found him co be very simple and quiet, and not shamming Prisoner was in the habit of saying that people were hunting him down. His Honor then summed up, and . The Jury, after a_ short retirement, brought in a verdict of “Guilty, with a strong recommendation to mercy.” , said in a vacant sort of way, that the horse was put before him in the road and he took it as his own.

His Honour said he was satisfied with the verdict, and he thought that in the case he would be justified in inflicting what would have been a merely nominal sentence if prisoner were in his right mind. Prisoner would be sentenced to three months’ imprisonment with hard labor—the latter, if it were found that he were able to do it.

FELONIOUSLY WOUNDING. . Walter Knights (48) was charged with having at Otepopo, on August 14, feloniously and unlawfully assaulted and wounded one John _ M'Conochie, with intent to kill or murder him. A second count charged him with mtent to disable ; and a third to do grievious bodily harm. Prisoner pleaded “ Not Guilty,” and was defended by Mr O’Meagher. After the Crown Prosecutor had stated the facts of the case, from which it appeared that a violent quarrel had arisen on the day mentioned, between prisoner and M'Conochie, dm* ing which prisoner struck the latter with a tomahawk, inflicting a severe wound. Mr O’Meagher here stated that prisoner was willing to plead guilty to the third count. The Crown Prosecutor agreed to accept the plea.

His Honor said it was competent for the jury to return a verdict of “Guilty” on the third count. The learned counsel for the defence had found that the depositions were such that he could not ask the jury to acquit prisoner on the third count, so he was prepared to plead “Guilty.” A number of witnesses were then called a* to character, all stating that prisoner was a most harmless, inoffensive man. His Honor said that ho was glad prisoner had got such a good character. It was so absolutely necessary that the use of deadly weapons should be prevented that, although prisoner had received great provocation, he (his Honor) must show that the using of such weapons must be stopped. He wished it to be distinctly understood that this was a very exceptional case, and that was the reason why he passed s6 light a sentence. Prisoner was sentenced to three months’ imprisonment, without hard labor.

UNNATCBAL OPEBNOB. Three counts were laid against Maggi Antonio (whose case was fully reported when heard at the City Police Court), viz., sodomy, indecent assault, and common assault. Prisoner was found guilty of common assault and senfenced to twelve months’ imprisonment.