SUPREME COURT.

Evening Star, Issue 4090, 5 April 1876, Page 2

SUPREME COURT.

CRIMINAL SESSION. .

Tuesday, April 6. (Before Mr Justice Williams.) LARCENY. Samuel Carswell surrendered tohii bail, on a charge of stealing, on February 2, while servant of Robert Soobie and others twelve Crimean shirts, the property ri his employers. There was a second count of simple jarheny. The Crown Prosecutor, withhixuMrTaylor, appeared to prosecute; Mr Stoat and Mr D. Reid defended.

The facts of the case are shortly : The prisoner was employed by Scobie Bros., storekeepers, Popotunoa, as principal salesman ana bookkeeper. A consignment of goods was received from Bing, Harris, and Co., and a small bale which formed part of it, containining the Crimean shirts, was missed. Scobie asked Carswell about this bale, and he said he could not find it. After Scobie had paid a visit to Dunedin he again asked Carswell what had become of the bale, and Carswell admitted that he had removed it to the house of a tailor named Rankin, where Scobie, accompanied by Carswell, at once proceeded, and found tne bale. The explanation given by Carswell at the. Police Court, and which was again urged in his defence, was that the hale had in the first instance been mislaid or .lost in the store; that he had seen a credit, note for the goods sent to his employers by Bing, Harris, and Co.; and that when he found the goods again, he was afraid to face his master and explain the matter to him. He then determined to do what appeared to him to be right in the matter—namely, to pend the goods to Rankin’s until he had ah 1 opportunity of returning them to the rightful owners, Bing, Harris, and Co. The jury, without retiring, brought in a verdict of not guilty. His Honor said he agreed with the verdict. Carswell had placed himself in a.very awkward position by acting in an exceedingly foolish manner.

Mr Stout said that, in corroboration of the Erisoner’s statement, he might mention that C had just learned ■ from Mr Graham, of Bing, Hams, and Co., that they had sen!"' a letter to Scobie Bros, giving them credit for the bale of goods which was missing.

Wednesday, April 5.

His Honor took his seat on the Bench at 10 a.m. SENTENCES. On Wm. Yielding (30), who Was convicted yesterday of horse stealing; being placed in the dock, his counsel (Mr E. Cook) intimated that if sentence were postponed he would call witnesses as to character. His Honor did not think doing so would make any difference, and he sentenced the prisoner to twelve months’ imprisonment, with hard labor. . Richard Milford (25), who pleaded guilty yesterday to a charge of rape on a girl aged eleven years, was sentenced to seven years’ penal servitude, and ordered to be privately whipped on Monday morning, by receiving thirty strokes “ of the instrument called the cat-of-nine-tails.” THE GEORGE STREET TIRE. ■ Wm. Jenkins was indicted for arson at Dunedin.

The Crown Prosecutor intimated that as the Grand Jury had thrown out the bill, and aa the inquisition was so clearly bad that if a conviction were obtained,, it oonld I l ® declined to offer any evidence, a i ®fter being twice airected to that effect, returned a verdict of not guilty, and the accused was discharged. ■ : concluded the criminal business, and the Court was adjourned till 10 am. to morrow to hear the arguments»» re the application made yesterday for an order to restore to Mr M*Gregor the horses Price was convicted stealing.