SUPREME COURT.

Gisborne Times, Volume IX, Issue 870, 21 April 1903, Page 3

SUPREME COURT.

(Rcforc HD Ilnnur .Mr Justice Conoi’y ) Ter- half yearly sitting.: of the Supreme 0 in,--*. 0 pe::--d yesterday morning before His Honor Mr J u.-tiee Conoliy. Git AND JURY. Trie following Grand Jury were impT'ielb h :-- - David Kirkpatrick, W. Adair, Edmund Clnd- 1 ;:, A. Graham, It. if. Mason. A. iJe.vie;', G. Grant, It. Johnston, if. G. Jackson, T. A. Coleman, G. J. Winter, G. j |. Ambridge, I*’. il. Soerratt, Gwaiter I'alairet, Ji. So’rraU, ,M. MeGtedie, T. J»a:rvmpic, \k A. Ptk-, A. T. Hookey, T. ( hr: p, J. E. Foster, J. King, G. P. Davie::. Captain T. Ghrisp was chosen

foremen. THE JUDGE’S CHARGE, in his charge to the Grand Jury His Honor congr.-tuinuni them on the fact that there was very Jatio criminal business tu coin-; bedoru the Court. This was all Elit: 1 iku'c i-emarkaulo considering that there has been an interval of six months .since the Court last sat here, that there

should only be two oa-fcs of sufficient imp wl.-mce t-i be brought before this Court tins session. Gne of these was a charge of assault, causing actual buddy harm, and ibe of bur was a ease of tiieit. Having briefly reviewed the eases His Honor concluded as foilo-.vs :—These two eases ure ad you will have to consider, and I think they are so very simple on too evidence brought before you that I need not trouble you with many remarks upon them. It may seem to some persons wfio are opposed to grand juries that tins is an in-

stance- of the unnecessary use of a grand jury— that a large number of gentlemen should be Fought from their occupations to sit hero and consider two perlectly clear, or very nearly perfectly clear, eases. For my part, however—possibly it is be-e-apse i am oid and old fashioned—i. like to s:.-e ih" presence of gentlemen of tiie grand jury and their taking an interest iu tue cases that are to come before them. And ir, may happen - it does occasionally happen, of course, very rarely out it may happen that their services ate actually req iired to protect a prisoner from being p aced in iln: dock. Tuat, however, is very rarely tho case, because, before a case

conies into this Court, it lias been curefully inquired into in a lower court. As I say, tiiere may be reasons why a grand jury is no longer necessary, but I confess 1 shouid no very sorry to see it abolished in my time, and I hope it will not. Gentlemen, you will now consider these two very simple Cason. True bills were found in both eases. COMMON JURY.

Tiie following jurors were empanelled : G. Muir. A. Carmichael, G. T. Wildish, IIMoore, J. Wbinrav, J. Hammond, W. J. Gibson, G. U. Shier Jaw, W. 11. Harding, ■i. Godfrey, F. Parker, D. S. Jamieson, M. McLeod, ii. Gogar, \V. Gordon, W. Bell, il. Millin', C. Thomas, 0. IT. Butler, W. Dixon, W. M. Kirk, ii. G. Watson, A. Spence, V. Sandlant, G. Crawford, T. IT. T'osbind, il. M. .Porter, J. It. Redstone, P. Sciiwabo, it. M. Rinoil, F. J. Jeunc, E. Williams, W. Li. Clayton, J. Cooper, IT. J. Rougher, J. H. Evans, and D. Manson. ALLEGED TTIEFT. John Peter Evans pleaded not guilty to a charge of' theft from the person. The following jurymen were empanelled —-J. H. Rougher, W. M. Kirk, D. S. Jamieson, W. M. Harding, J. Hammond. W. Gordon, J. Godfrey, E. Williams, H. G. Watson, J. Whim-ay, W. J. Gibson. Mr J. Whim-ay was chosen as foreman.

The Crown Prosecutor (Mr Nolan) in opening tho case, said the prisoner was charged with the theft of £'J from a bushman named John Wilson last Boxing Day. Evidence was given by John Wilson, laborer, Wilhelm Theodore Larson, licensee of tho British Empire Hotel, Detective Nixon, and Constable Crawford.

A verdict of guilty was returned, and the accused was sentenced to three months’ hard labor in Auckland gaol. THE ITUANUI CASE. A middle-aged man named Robert Leslie was charged with assault, causing actual bodily harm. He pleaded guilty. Mr W. L. Rees, who appeared for tho prisoner, said the case was caused through drink. That might bo taken into consideration by tho Court. Tho season was one of great excitement—near the election and the prisoner was showing his opposition io prohibition by getting drunk. Tiie offence did not show a criminal intent in tiie mind of the man. He would eali witnesses as to character, and asked that prisoner be treated under the First Offenders’ Act.

His Honor said 110 would like to hear evidence as to tho temper of Leslie. Sergeant Siddells stated he had been here three years, and had known nothing against prisoner. Tlio offence was committed two days before the general election, and there was a great deal of excitement for and against prohibition. William Dixon, storekeeper and postmaster, Mukaraka, deposed that ho had known prisoner for two years. Had always known him as a peaceable man.

James Nieeol, contractor, Gisborne, said he had known prisoner for three or four years, and had always found him a quiet man.

John O’Shea, contractor, Gisborne, also ;avo evidence.

His Honor, in addressing prisoner, said : This is a very serious case, and you have had a very narrow escape of standing your trial for murder. This violent blow given without provocation might have caused the man’s death, and it has caused partial fracture of the skull. Tho injured man states that a piece of bone has lately come out, This injury occurred about five months ago. [ cannot understand the evidence of Hr Morrison. He stated that tho man came to him on the 27th, two days after the accident, and it appears the doctor just looked at bis bead and scut him away. He evidently did not conceive the nature of the injury. It was most extraordinary hut the doctor is not before me in any way. You have had a very narrow escape of standing y our trial for murder. It is all very well to bring forward evidence that you are a peaceable man. A’our own counsel has said you become mad, as it were, if you take any drink. You ought not to take drink. This is certainly not a case I can admit tu probation. I think in the sentence I am about to pass I am erring rather on the side of leniency. I will give lull weight —and more than full weight —• to tho evidence given oil your behalf. It certainly is not a case for probation. You are sentenced to six months’ imprisonment with hard labor. This concluded the criminal business. BANKRUPTCY.

Mr Jones applied for the discharge of James Erskine. There was no opposition. Bis Honor stated it appeared that bankrupt had not kept proper books. There being no opposition, the order for discharge was made. Guitries Bernard Jarman. —Mr A. lices for applicant. Application granted. Geo. Wheeler.—No appearance of bankrupt. No entry made. Joseph Robert biglcy.—Mr Jones for applicant. Discharge granted. Thomas Steele. —Mr A. liecs for applicant. Discharge granted.