SUPREME COURT.

Gisborne Times, Volume XXV, Issue 2081, 16 May 1907, Page 1

SUPREME COURT.

HALF-YEARLY SITTINGS

Tlio Supremo Court resumed its sittings yesterday morning when "Thomas Dowd rill was put forward to answer a charge of forging and uttering a cheque for £97 14s, by Mr. It. Reynolds on the Union Rank of Australia, Gisborne. Accused pleaded “Not Guilty.” Tho following jury was onipannelled: Messrs. G. K. J’aslcy (foreman), J. R. C. Parker, H. IS. Johnstone, A. H. Clark, J. W Cook, J Fisher, W. L. Mitchell, P. Barker, Clias. Blackburn, D. Harries, \V. Allen and K. H. Humphries. Mr. Nolan, Crown Prosecutor, opening tho case, said a Maori was implicated in this case and he pleaded guilty at Napier and was dealt with. Prisoner was living in a tent with a man named Conway, who left the tent on one occasion and when lie returned tho cheque book was missing. When found it was seen that one block was absent; this corresponded with the cheque in question. Ho called

Thomas Conway, contractor, of Tillage Bay, who said that accused was working for him. A Native named Kuhukuhu was also working lor him. Powdrill left' his employment on 28th February, and The native a few days later. Accused lived in the tent next to witness. He paid wages by cheque. Missed one cheque. The one produced numbered 158957 tallied with the missing one, although the butt had disappeared. Did not think that his'employees knew he had a cheque hook until the evening they were paid. Left the cheque book on a little table and went outside for a few minutes.

By Air. Rees (for accused) : Did not pay the men together. Tho Native was not in the tent when accused was being paid. Gave the Native an order on a storekeeper for a small amount. . , , Sarah Maria Ollivier, wife ot John Morton Ollivier, storekeeper of Tolaga Bay, stated that on 22nd March prisoner purchased some food at their shop. A few minutes later the Native came in. They spent about £1 12s 6d, handing a cheque for £97 14s in payment. Identified the cheque produced. Accused, said it was rather a largo cheque. Witness replied that she could not change it unless ho took cheques in exchange. They agreed to this and she gave him cheques for £4O, £35, £l2 12s lid, £1 14s Sd, the balance being made up in cash. Cheques produced were the ones she gave prisoner. Ivukuhuhu was present and asked for his account. Ho tried to get into conversation with prisoner wanting to know how much money he earned by cutting grassseed from Mr. Reynolds and what lie had lost by the rain, but prisoner would not. answer in front of witness and then she left the shop for change. Witness gave Ivukuhuhu his account and he said he would sec about' it the following day. Witness however said that as it had been owing for twelve months it had better be paid.: 1 'risen or' (hen paid the amount for tho Native. By the Bench: The articles purchased wore a largo shawl 20s, a silk handkerchief Cs Gd, pair of trousers ss. Identified hendkerchief . produced.

By Mr. Rees: At the police court at Tolaga, Kuhuluilm wore the. trousers prisoner had bought. \V. F. Sinclair deposed that accused and tjie Native changed a cheque for £l2 12s lid at his hotel on March 22nd. Gave a cheque of his own for £lO and the balance in cash. They drank about 3s or 4s worth of liquor. By Mr. Roes: Some days before he cashed a cheque of Conway’s in.favor of Powdrill. William Farrell, a blacksmith, of Hauiti, said that on 3rd March the native cashed a cheque for £lO with him. He deducted what was owing to him, and gave Kuhukuliu the rest. Ellen Gertrude Hale, wife' of William Frederick Hale, of Tolaga' Bay, farmer, said that on the evening of the second of March, the native asked her to eliango a cheque for £w. Witness did not do this. The following morning he brought a cheque for £i 14s Sd, out of which lie owed 14s Bd, and she returned £l. Constable McLeod, of Tolaga Bay, stated he arrested accused at 3.30 p.m. on the 4th at Pakarae, on a charge of forging the cheque. Ho was accompanied by the native. Accused said he did not forgo the jfilequo; Kuhukuliu gave it to him, and he cashed it at Mrs. Ollivier’s. The native gave it to him as rent from Reynolds, and did not wish the Maoris to seo him cashing it, ' or they would want to share it. On accusscd he found 13s Gd, a silk handkerchief, and a slip of paper. On their return to Tolaga, accused tola the constable that he cashed, the cheque, for £l2 12s lid, which he received from Mrs'. Ollivjer, at Sinclair’s Hotel. Kuhukuliu was arrested at the , hotel. Cheques for £4O and £35 were found on him. Mauru Kuhukuhu, of Tolaga Bay, said he was working on a contract with Conway. Admitted pleading guilty, and being dealt with for stealing a cheque. He received the cheque from accused, who instructed him regarding it. Told accused ho was afraid. The latter said he would not get into trouble; that lie (accused) wo'ulcl if it cqmc to that. Witness then wrote the cheque and handed it to prisoner, who. said that if he were successful in changing it, witness would share in it. When it was changed at Mrs. Ollivier’s store the small cheques were given to witness. They adjourned to the hotel and changed one of the smaller cheques after they had had a drink. Sinclair’s cheque was handed to witness, and they returned home. On the Friday accused suggested that they come- to Gisborne by a back road arid catch the steamer for Auckland, but witness would not do so —they had bettor take the main road. Witness suggested dividing the money, and accused could then go where he liked. Accused asked for witness’ horse, but ho refused. He was principal actor in the affair, and was dealt with at Tolaga Bay. Accused gave him the cheque, and'told him what to .wri|x, At the hotel accused drew two cheques 'out' of his pocket, jond (a blank and the other for £3. Then he knew where the blank one came from. Accused said it was a good way to he writing in blank cheques. The cheque was written on Thursday, 28tli February. Witness was slightly under the influence of liquor. It was written in the Maori camp, By Mr. Bees: Nothing was mentioned about rent from Mr. Keynolds on Thursday, but he said this as a dodge, so that the person changing the cheque could bo satisfactorily answered. Accused had the cheque and money obtained from Mrs. Ollivicr, but they were given to witness on Monday, When'they'came to Pakarae. Received the trousers bought at the shop. Powdrill purchased the handkerchief himself. The story was concocted in a saddler’s shop at Hauiti. For the defence Mr. Rees said that Kuhukuliu came to accused after he Jiad been aj> a dance with the cheque, which he said was his own, being due for rent from Mr. Reynolds. Accused cashed it, and gave the. money to the native, and Powdrill knew nothing of its being forged until lie was arrested by Constable McLeod. Accused, giving evidence on bis own behalf, said that he was paid oil on 28th. He rolled up his swag and went to Tolaga. Did not draw out any cheques at the hqtej, Did not tell the ’native to fill up a blank •cheque, as it was an easy way of making money. That evening Kuliukiihu said he had a letter from Reynolds containing a cheque for £ui 14s, and asked him to come to see it. There was a piece of blue paper pinned on the left bottom corner of the cheque. The cheque produced had a number of pin-marks, The

native said it was rent monoy. Did not doubt this, as other natives were receiving rent monoy from Mr. Reynolds. On Saturday evening Kulnikiiliu called for him, as he had something to say. He then requested ■witness to cash tho cheque, as he (Kuhukuhu) had some debts to pay. Witness said he did not like cashing the cheque, as ho did not think they would be able to, as the amount was too large. He then said, “Get some other cheque from Mrs. Ollivier in exchange.” His reason was that if the Maoris round knew he had the cheque they would got him drunk and rob him. of the-lot. r HcfiSsaid lie went mad when he was drinking, and they could get all his money from him. The native also asked him to get some articles for him at the shop, saying to buy some shawls boots, pants", or anything. It would be easier to cash the cheque. ~ itness did so, thinking he was doling him a good turn. Gave everything to Kuhukuhu. The latter gave him tho handkerchief which the police found Oil him. The 13d found on him was balance 8f his wages, £3. Received nothing out of tho cheque except the handkerchief. Cashed a cheque for £l2 odd at the, hotel and gave the money to the native. Bv the Grown Prosecutor: Only knew Kuhukuhu for ten days, although ho knew him by sight during the last two years. Had never known him to be in possession of a large sum of money. Heard irom others that ho got a fair amount of rent. , , , Counsel for the defence, addressing the jury, said the native was anxious to throw the blame oil somebody else. He evidently planned this all before, and put Powdrill forward to bear the brunt. The wlvoie evidence corroborated accused’s statement. The cheques were all traced to the Maori. It was unreasonable to suppose that accused would tempi an innocent native, commit forgery, and then hand all the proceeds to Kulmkuhn. / The Crown Prosecutor said that if the accused’s statement was believed they must disbelieve tho native s evidence. Kuhukuhu had already been punished, so he had no object in coming there to prevaricate. It was. very strange that accused would leave two" dances for the sake of a Maori whom lie only knew for ten. days. His Honor said that it was as much a forgery for a man if he only presented the cheque or wrote it out. There seemed to lie no motive on the part of the Maori to get accused imprisoned. Accused clearly cashed the cheque. In favor of accused it could be said that lie had received practically nothing. It they believed the Maori’s story, ho was clearly guilty of forgery; the whole thing hinged on the credibility of tho Maori. . After retiring for ton minutes the jurv returned a verdict of rsot guilty,” and the accused was according!” discharged. ALLEGED FALSE PRETENCES. Oliver Goldsmith was indicted on a charge of on or about lStlii/December last, at Te Araroa, of obtaining £39 ,-ids Gd from H. D. De Lautour, by falsely representing, that he bad paid ail wages due to workmen on a contract to cut bush. Tho following jury was eaipanelled: —Messrs. Ed. Williams (foreman),- James Blance, T. McConnell, F. IV. Pettie, James Campbell, A. Kirk, C. E. Olding, G. Hensslor, T:“D. Baker, W. H. Craig, D. Louglier, W. Lewis. Mr. Nolan, in outlining the case for the prosecution, said that accused informed Mr. De Lautour that no wages were owing, and he came to Gisborno without paying. The law protected the workman against the employer, but not sufficiently against the contractor. H. D. De Lautour, sheep farmer, deposed that accused entered into a bushfelling contract last Septembei, and then another upon completion. Both were of 105 acres. When within three or four days of finishing, lie £ V.kbd witness to allow him to get awav before the hush was finished, but witness said it would be more satisfactory if he finished tlie ]Ob. He-urged that be had pressing business in Gisborne, and it would only take about three days to complete, and liis brother Joe would do this. A mail named Nelson was present at this conversation, and mtei posed that it could not he finished-Jo,l" tour days. Witness agreed to let him go, and asked about tho wages .men, some of whom had been dismissed. Accused said he settled w.tli the men at Waiapu. Witness also said that he was liable for wages, and lie did not want claims to come m after accused’s departure. He said he knew that, and. stated that he had paid them all. Then they proceeded to go into the accounts. Accused said he was going to Gisborne, Mould not have paid the money unless he thought it was being given to the men. AVlion tho contract was mushed tlie men were paid the .money left for them. One m'q.n left in t“ e bush claimed £25, and was given a pound or two, and told that the full set-le-nient would he made in Gisborne. Several Maoris claimed £4O. After laying tlie information qthcr claims had been made.

By Mr. Roes; Accused led witness to believe that he had paid the Waiout. Thought he did not say lie so. Could not swear if accused told him the men left the work. Was not certain if he said the men cleared out. Though he did _ not say he would stop a part quit of their wages. Accused did Pot ' sqy he had left onough money to pay wages; he said they were paid. Accused asked if lie could stop wages of the men who cleared out. Probably witness said he could do so. Joe Goldsmith was the principal claimant, but there were others. One of the men owed ail aceordoqn to Goldsmith, and he wanted his money less its . equivalent. Verified the accounts by asking the men who wore working on the contract. Had no moans of testing Joe Goldcmith’s account. Did not pay the accounts. Could nut say when flip first Jconti'act was completed. Did not know on which contract the other claimants beside Joe Goldsmith were working. Beleived when he laid the information' that accused'intended to defraud him; still naturally Jielieved this. Meliekn Tauwharc, of To Araron, said he was working in' the bush for three' weeks- He finished up on 1 5th December, Aecused did not square up with him. Made a claim for £5 10s. £3 and some odd shillings were still owing for store accounts. Did not clear out before the work was finished. The contract was not over on 15th December-; they were paid weekly, , Rewi Haaenga, native, stated that* Ife ;loft before the contract was finished. £7 was due him; 7s was paid, -but the rest was still owing. The 7s was paid on 22nd [December at the hotel at Port Awanui, Witness owed not more than £2 to the accused. . , ~ Joseph Goldsmith, cousin of the accused, said that he remained on the contract till completion. £25 a,,- in" him. hut with deductions £lB was due. When accused left lie made no arrangements to pay, and the amount is still unpaid. A Maori boy left £4 1/s for witness at the hotel at Je Araroa. Thought accused leit it there; lie was in town at the time. Accused arranged to leave £5 for him at the store, but it was not abH'e. Did not owe any sums of iiionov. Accused paid the_ storekeeper £7 lor him, not £4O /s. W itness was to come to Gisborne for settlement. After they had been there a month accused suggested to witness that they shorn! .ivork it in shares. Witness said nothing. Constable Mellsop, of Port Awanui, said accused tendered him a cheque for £4O 11s Gd in payment of Court expenses, and witness returned £23 add. Witness saked if lie had wages to pay, or was the money all his own. Accused replied that he had paid all the wages, and he had another, cheque for £35 besides, Witness romnvked Unit he

had done pretty well out of tfio job then. Accused replied yes, that ho was going to Apcklajid by tlie Haupiri on route for the E.xhi/jition via Taranaki, Up was arrested upon tho arrival ofAlioJtlaupiri at Auckland. - JPSrV.. By Mr. Rees: Accused was not making fun of him. The cheque hvas split up, as one cheque would ho too largo for cashing. John iNelson, laborer, of AVaiapu, siiid lib was working for accused a littlo over our weeks. Heard accused ask Mr. DeLautonr to pay him as ho wanted to come to Gisborne on a horse ease, and said tjiat lie had . fixed up the mop’s wages. Mr. Roes, for tho defence, said that accused agreed to make a settlement in Gisborne.' Accused claimed the right to stop the wages, and Mr. DeLautonr know what was being done. > Accused stated that ho told Mr. iDoLautour that ho intended deducting tho wages of the men who cleared out, and he said “quite right.” Kent money to Te Araroa for his cousin to bring him to Gisborne for tlie settlement.! Witness and bis cousin wore partners. Told •Mr. DoLautour he was leaving money for all wages men on the job, and did so. The Waiapu men cleared out. Haaenga said “AVe’re relaitiojis; I’m wrong for clearing out. Don’t pay me.” Another man worked a few days, and cleared out. AVituess did not think he should pay them.

•Mr Rees, ..addressing the jury, said that accused was arraigned for. faljse pretences and the jury bad to decide first whether false representations were made and secondly if they were made with intent to defraud. He urged that the arrangement to 1 intake a settlement in town did not look like false pretences. This arrangement was admitted by all tlie witnesses. The only men who claimed payment were tlie men who cleared out and Mr. De Lauttnir agreed with accused that lie was ill liis rights in refusing to pay these men. This did not constitute false representations.

Mr. Nolan said that Mr. De Lautour was misled by accused as to tlie men being paid. This was corroborated by tlie witness Nelsojfi. The Native witnesses said that money, was owing to them—£G 13s was owing to Rewi, who did not clear out. They had never been squared Up. If the cousins were partners it was strange that Mr. De Lautour did not know of it. His Honor said that the false representation consisted in accused’s saying that he had settled with, the Waiapu ’men. He know that Mr. De Lautour was liable. Tlie question was important whether accused made a true or untrue statement to Mr. De Lautour in asking for the money. If the jury believed it was true it was not false representation. Tlie jury returned in 20 minutes with a verdict of “Not Guilty’.’ and accused was discharged.

ALLEGED THEFT.

James Jones and Harry Barker were charged with stealing a gold watclichain, a geneva silver watch, mounted alligator’s tooth and a medal on or about 24tli J/anVip/ry. The articles were tlie property of Frank Lyons and valued at £7. The following jury was empanelled: —Messrs. C. Blackburn (foreman), J. D. Harries, K. Campbell, A. Mcßoath, A\ T . Allen J. AA T . Cook, Rees'Jones, G. T. Ball, J. E. McKinley, J. D. 8011, AV. S. Davidson, A. Martin. I Accused Barker pleaded guilty and Jones not guilty. Frank Lyons, a laborer, deposed that oil Christinas Eve last he was at the Albion Club Hotel, and did not remember leaving it. He awoke near the Matching Boarding-house; lie had been asleep on tlie road. AAliile at tlio hotel tlie articles (produced and identified) wore in his possession, but they bad disappeared when lie returned to consciousness. Hearing nothing of them for some days, he advertised and went to Mr. Smith., a. pawnbroker, and described tlie missing articles to him. Told a man J'jimcd Rhodes of tlie loss, and the latter said lie had pawned tlie. tooth rjj id tlie Maltese cross for tho two men, and as ho did not want to get into trouble, he would get them. They went to the shop and asked for them. Smith demanded 4d for producing them. Rhodes produced tlie money, 5s 4d, and the articles were redeemed.’ They proceeded to tlie British Empire Hotel to see the accused, who asked Rhodes to pawn them. Asked them about the chain. Could get no very definite information. They said it was a' drunken freak. All "went down towards the pawnbroker’s. One of them said that tlie chain had been pawned, and that the ticket had be'en giv'on to one Hall. "Tliey went to look for Hall. They could not find him, and as it was getting late they decided to return to Smith’s. They wisfied to mptfe an affidavit as to having lost the ticket, but could not get a J .R. Then got the number of the ticket. AA’as to meet accused at Smith's next morning, but they did not turn up. Could not remember if Smith said which of tho men had pawned the articles.

AVm. Rhodes, examined, said lie was in Gisborne in December last. Saw the accused Parker and Jones. Parker gave witness an alligator’s tooth and a gold medal, and asked him to, pawn them, Jones and Parker came into witness’s bedroom and ■made the arrangement. Got ss, for the articles at the pawnshop. Parker asked witness not to get too much on them, as he wished to take them out next morning. Met accused after the pawning, and all had a drink. Saw Lyons on December iflst, Lyons said lie bad got drunk in the company of accused, and had lost some property. Witness said he would show the pawn ticket and redeem the goods if they were his. Lyons found they wore his, and they were redeemed. George Smith, examined, juvul Jones pawned the chain (produced) with him. At the time Jones said he was the owner of the chain. Jones gave his name as J. Johnston. Lyons, Rose, and the two accused were iti the shop together on a later occasion. Jones then said that the chain he liad pawned belonged to Lyons. Etc asked about getting thechain 'out; but said lie had lost the ticket. Jones then went through Ins pockets in search of them. Gave Jones the number, and they went out to make a declaration of loss before a J.P. Finding that they co.uld not get a J.P. all the men re„urue(l to the shop, They promised to come back next morning, but failed to do S °By Jones: Generally asked strange people who pawned things if they owned them. John Hall, AYaerenga-a-hlka said lie remembered Jones and 1 aCKor talking to liim tvbout u pawn"ticlket. Jones asked witness to buy a pawn ticket. Witness said lie did not like to take the ticket, as lie (lid pot know if his actum Would, 'PPPright, FiiiaHj? bought the ticket tor rjg By Jones: It was not Parker who gave him the ticket. Constable Doyle, Karaka. examined, said he interviewed both accused at Whatatutu on January 3rd last. Taxed accused with the theft o th< articles. Jones said he did not know Lyons, and did not remember bis complaining of losing the mrticov. Witness then arrested the tv o ac cused upon the present charge. For the defence, accused ca led llarrv Parker, who said that he. gave accused the chain for pawning °' said that it was beyond dispute that the articles were stolen from Lvons on Christmas Fve. M hen two men were found in possession oi stolen property the legal assumption was that they had stolen it. ouch a statement as Farker’.s vms uselcss and valueless, and nothing vas eas ;V than to get up a story of this S °Without retiring the jury aiinounrtpri n verdict of “Guilty. 1 Accused Jones asked for leniency, as he had been imprisoned foi tom months awaiting ti in!, His Honor, in passing sentence, 'said this was a class of offence, the robbery of drunken men, which should’ he treated with severity-. Parker would he sentenced to six months’ imprisonment,, being Ids nm offence; and Jones, who had bC-O convicted ’ of theft at Daonev;He, would he sentenced to 12 months imprisonment, both in Auckland 1 S °At 5.30 the Court adjourned til! the following morning,

imprisonment, being ordered to receive twenty lashes. CHRISTCIIURCII, yesterday. In tlio Supremo Court to-day a case is being against Smitliers, alias llcliir, cldfrged with attempting to murder Nellie Jackson in Moorliouse Avejtpio-som6"wooks„agOr The ''evidence was a repetition of, that given in tlie lower Court. Michael AVall, found guilty of stabbing a man with a knife, was recommended for probation. Sentence was deferred.

CHRISTCHURCH, last night. Michael IVall was found guilty -at the Supreme Court to-day of assault at Ilalswell, and was sentenced to one month’s imprisonment. Ernest Albert Stevens was found guilty of assault with intent.to rob, sentence being deferred till to-morrow. Edith Matlieson Malzard was found guilty of wilfully neglecting her infant child in a manner likely to cause injury to its health. Accused, who is addicted to drink, left the infant for several days in .the care of a girl of 14, while she was away from home, and was finally discovered suiforing from helpless drunkenness. Sentence was deferred till to-morrow. In the case against' Heliir, alias Smitliers, of attempted murder ol Nellie Jackson, at the Supreme Court; to-day the jury, after ten minutes retirement, found the prisoner guilty. The woman’s throat was shockingly cut by prisoner on the night of April sth. His Honor, Justice Chapman, said the jury would have, failed in their duty had they brought in any other verdict. There was absolutely no mitigating circumstances. If the woman’s life had-not. been saved merely by the skill of the hospital staff, accused would have been guilty of murder, and he could imagine no ground that would have induced His Majesty’s Government to spare his life. He would be failing in the performance of his duty to society were he to pretend to discover any mitigating circumstances. There was but one course open to him, and that was to inflict the highest sentence which the law allowed. Accused was sentenced to be imprisoned with hard labor for the rest of his life.