SUPREME COURT.
CRIMINAL SESSION. Tuesday, December 4. (Before Mr. Justice Williams.) The criminal session was opened this morning, his Honor taking his seat on the bench at ten o’clock. The following gentlemen having been sworn on the Grand Jury -Messrs E. C. Quick (foreman), G. S. Broderick, Thoa, Calling, John Glendining, Geo. Matthews, J. F. Watson, Jas. Walcott, D. R. Hay, Win. Baird, A. Chiaroni, L. Court, J, Hyman, W. IX Sutherland, A. Kirkland, iun., T. M. Wilkinson, J. F. Peake, 11. Haworth, A, Mollison, R. T. Wheeler, and G. M. Aldrich. His Honor delivered the following charge : Mr Foreman and Gentlemen of the Grand Jury,— -'The calendar is ■fortunately a light one, and calls for little remark on ;ny part. There ore two cases of forgery a id three of larceny, which have no special circumstances attaching to them. There is a case of manslaughter, where it appears that the accused, after considerable provocation, fonght with the deceased and struck the blow, which it is alleged resulted in his death. Where one man kills another iu a light, or in any kind of contest, in anger, then, however fairly the fight may have been conducsted, or however strong may have been the provocation given iu the first instance, the man who strikes the blow which causes death is guilty of manslaughter. There is a case of rape, where the circumstances are peculiar, and the evidence consists of the unsupported otatements of the prosecutrix. If you thiuk that these statements are reasonably credible, and that the evidence shows fri/md fac lelthat the act was committed without any • assent on her next you should find a true bill. A count for an indecent assault has been added to this indictment," To constitute this offence it is sufficient if it appear that there was an indecent assault, and that fit was committed a gainst the wish' of the prosecutrix. There is a case of embezzlement. In order to constitute this offence the, money or security embezzled must have been received by a clerk or servant on behalf of his master, and there must have been a fraudulent appropriation of it by the person who received it. It may, perhaps, bf as wel to remind you generally that if the evidence shows a, primd facie case you should find a true bill,’and that, iu order to find a true bill, twelve of you must concur in tbe finding. Gentlemen, if you will retire to your room the bills y>ill be laid before you.
The Foreman remarked that the jury had come to the conclusion that it was exceedingly foolish that storekeepers should cash cheques for strangei’s in the lax manner in which they did. His Honor : I quite agree. You are discharged. HORSE STEALING. Daniel M ‘Millan pleaded guilty to two charges of horse-stealing and was remanded for sentence. EMBEZZLEMENT. John Hay pleaded guilty to this offence at
Dunedin and was also remanded for sentence. FORGERY AND UTTERING. Thomas Langlands (who was undefended), pleaded not gniltyjto a charge of forging and uttering a cheque at Dunedin. The facts were shortly these : Prisoner had been employed as book-keeper by Messrs MThersonand M'Kcnzie, at Gatlin’s river. After leaving them he came into town, and got oh the spree. On November 10 he went to the. London Hotel, Jetty street, and there made the acquaintance of the well-knowd Wm. Lloyd, who advanced him 10s on a cheque he showed, and who was to receive an additional 5s if he cashed
it. Lloyd took the cheque to the Bank of New Zealand, on which it was drawn, and it subsequently turned out to be a forgery. Prisoner was under the influence of liquor at the time.
In his address to the Jury, he admitted writing the cheque, but not with any felonious intent. He merely did it to see if his hand was steady. 'pie jury, without Icavingthc box, found the prisoner guilty of forgery, and he was remanded for sentence. Evidence was given, and his Honor was Bumming up when wo went to press. [Left sitting.]
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Evening Star, Issue 4011, 4 January 1876, Page 3
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680SUPREME COURT. Evening Star, Issue 4011, 4 January 1876, Page 3
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