SUPREME COURT

Gisborne Times, Volume XXII, Issue 1743, 8 May 1906, Page 3

SUPREME COURT

CRIMINAL SITTINGS,

(Before His Honor Mr Justieo

Chapman.)

Thoro was a crowded attendance at tho Supremo Court; yesterday morning, whon tho half-yoarly criminal sittings was oommoncod before His Honor Mr Justieo Chapman. GRAND JURY.

Tho following compi'isod tho gram jury : —O. V. Davies, W. R. Willock \Y. G McLaurin, W. ft. Shorrntt, F T. Morgan, ft. Grant, ft. J- Wintor, W. S. Limn, W. L. Clayton, 11. ft. Tucker, F. Parker, A F Konnody, ft. R. Wyllio, Tlios. Chvisp, A. L Muir, J. T. Evans, W. l’ottio, R. Johnston, L. T. Symos, W. F. Crawford, K. J. Reynolds, ft. Matthowson, aud J. B.

(veils, Cnptuin Ghriap was oloctod foreman. In addressing tho grand, jury Ilia Honor said that this was tho first occasion upon which ho had presided at a sitting of tho Supremo Court in Gisborne. Ho was informod that tho numbor of casos which would conio boforo him for consideration was an unusual ouo, that whereas at tho last sitting thoro wore no persons presented for trial, at this sitting they would have no loss than sovoutoou to como before them. Wliod those, howovor, I camo to bo considered they did not appoar to indicato any largo amount of ' crime in tho district. It could be regarded as a fortuitous circumstance that so many porsons wero brought up As most of the geutlemou thoro had probably sorved on grand jurios before it was hardly necessary for him to say much in regard to their duties. They did not try a prisonor but only ascor tained on behalf of thoir country that tho case was such that the accused ought to bo put on his trial. There were one or two cases to which ho had

to draw thoir particular attention There were several charges of misdemeanor under the Bankruptcy Act. As in recent years this class of case had not been very much in evidence ho might explain to them what the effect of the proceedings were. A man was charged with an offence under section 137, of the Bankruptcy Act, there being four indictments against the same individual, two of them were under subaectiou 2, that the accused could not have had at the time when his debts were contracted any reasonable or probable ground of expectations of being able to pay the same as well as his other debts. The jury would have to satisfy themselves that there was reasonable evidence to show that the accused acted with culpable intent and that tho circumstances showed that he knew that he was contracting debts which he was unable to pay as well as his other debts. It was not necessary that positive fraud should be made out. There was another charge against the same person, that within three years of his bankruptcy ho had failed to keep proper books. In a matter of this sort they should not be too exacting, but see that a fair case had been made out showing that whatever his business might be accused had not kept proper books to disclose his position This again was not a case in which fraud should be provod. Thero was another charge against the same person of obtaining money or credit by fraudulent means, that was by means of a false balancesheet. This was more in the nature of a fraudulent crime and tho jury would make their investigations and decide whether it was reasonable to : put the accused on his trial. There , were other charges under the Bank* : ruptcy Act against two bankrupts 1 similar to the first mentioned. Passing on, His Honor referred to several matters in connection with the charge against four Europeans of robbing a Chinaman, and the charge against a Maori for carnally knowing a girl of the age of 13. The other cases were of an ordinary character, and called for no special comment. The jury then retired, concluding their labors at -f.15 pm., true bills being found in nearly all cases. The following common jurymen were sworn in :—O. A. Goldsmith, J. R, Litt'e, W. H. Cbriep. W. E, Young, H. Yardly, D. McLeod, W. Hedley, F. Hill, 0. Wood, 0. A. Nield, J. Ponsford, J. T. Witty, E. G, Matthews, C. Piesse, W. J Barlow, J. F, Jeune, W. MasoD, H. Warren, T. Gallaway, T. Ellery, W. Atkins, H. Craill, F. Gox, D. J. Barry, B. 0. Bt.°ggall, A G. E. Reynolds, T. B>l), J. J. Rosebotham, H. Webb, G. J. M. Roup, F. E. Loomb, EL J. Bendlc, J. 8. Also, H, Fararn, J. Green, A. S. Ewans, J. Browo, J. A. Harding, and W- Hamon,

BANKRUPTCY ACT. John Smith and John Soott, contractors, of Gisborne, were obarged with two breaches of the Bankruptcy Act, first, in failing to keep proper book-, and seoondly, with contracting debts without probable ground of expectancy of beffig able to pay the same. MrJ.W. Nolan appeared for the prosecution, and Mr H. J. Finn for the defendants. Accuse! plea led not guilty. On the application of accused the ease was adjourned until 2 o’clock to allow them to consult with their solicitors, ALLEGED FORGERY.

A young man named Viotor Anderson pleaded guilty to a charge of forgery. Mr Stock appeared, and stated that accused was engaged with others on a hash contract. He bad an order for £3 upon Mr Grey, wbfch he was told he'would have to get bis partners to sigh. Wanting to go down Boutb h 9 signed his partners' names. Had Bocused gone to his mates they would williogly have signed the order. Acouted was well connected, and was willing to make restitution and pay the costs of tbe prcsecuticn He asked that the provisions of tho Probationers’ Act be extended in this case. His Honor said that accused had been guilty of an exceedingly foolish act. He believed that when accused commuted this forgery ho must havo known that be was doing something wrong, but ho believed that he did not fully understand the extent of his crime. He would be plaoed upon probation for 12 mootbs on conditioh that he paid the £3 aDd the sum of £5 towards the coat of the prosecution. PERJURY.

A man named James Rhodes was indicted upon a charge of peijury. Accused pleaded guilty, but said he bad no reo 1lection of being convicted at New Plymouth. Upon beiog atkrd if he bad anything to say accused said that be bad been wounded in the back of the neck in the Maori war, aDd his msmory had been very bad since. He ha! belonged to the 57th regiment and was 70 years of Bge. If he bad made a mistskt he was very sorry for it.

Mr N.lan detailed tho provious convictions against accused. His Honor after listening to emphatic denial by accused that he had been locked up on rnoro thBU three occasions, sentenced accused to six months’ imprisonment in Auckland guol, remarking that as accused had such a bad rooord a few months in gaol would do him no harmOTHER CASES.

Mr W. L Rees asked that Rapata te Wari, against whom the grand jury returned no bill, be discharged. Rapata te Waro was then discharged.

Te Pare Akapu was indicted upon a charge of carnally knowing a girl under the age of 16 Acousad, who war represented by Mr W L. Rees, instructed by Mr Bright, ploaded not guilty. The following jury was empanelled :

J. R. Little (foreman), H. Faram, A. S. Evans, G. Ktovenson, E. G. A. Reynolds, J Green, W. J. HamOD, W. Hedley, H. Y irdley, T. Galloway, A. C. Goldsmith, F. Cox, and F. J. Jeuue,

Mr Nolau, Grown Proseoutor, oonduoted tho proscoulion, and Mr W. L. Rooa appeared for aoousod. His Honor direo'od that tho Court bo oloorod, and said in regard to the publication of any evidence, ho folt quite satieffod in leaving tho matter to the discretion of the presj.

Tho ovidonoo of tho prnsooution was to tho offcol that aeonsod and tho girl wero riding bnok from Sunday sohool on tho one horso, whon iio lifted her off and took hor to somo sorub, whero tho offenoo was committed. Tho yonr of hor birth wob

givon as 1892. Several wilnoesos gavo ovidenoo for tho P'osooution, nud Mr Rocs ably pleaded on behalf of tho accused,

His Honor hold that tho law was applicable wholbor to Maori or European, ar.d tho quostiou of oonsont did not oorno into iho cttso. Affar half an hour's ro‘iroraont tho jury returned a verdict of guilty.

Mr Rota applied for piobation. Hia Honor askod bad thoro bean any similar oasos in that district. Mr Nolan said theio bad been one European easo and ono Maori oaso, but that was a good while ago. Mr Rcos Bflid ho could givo excellent testimony as to character. His Honor said ho could not allow pro bation.

On tho application of Mr Roes, who said ho wished to address his Honor on tho subjeot, sentence was postponed until to day,