SUPREME COURT.

Gisborne Times, Volume XXVI, Issue 2133, 6 March 1908, Page 1

SUPREME COURT.

CIUAI INA I. ,'' TTIN3S (Before llis Honor Mr juo'.cc Chapman.) The criminal sittings ol the Supro 1110 Court wore coutiuiteu yesterday before llis Honor Mr Justice Chapman ALLEGED .DAMAGE TO A STEAMER. James Campbell was brought up on a charge of wilfully damaging the Cniou S.S. Co’s Tuaten on the of sc January with the intent to render her useless," and with damaging the steamer to the value of £5. Tlie following jurors were empanelled: J. McKee (foreman), S. J. Enscxr, H. Currie. T. R. J. Adams, K Barker, L. Redwood, 1). Blair, Cl" A. Sherrill', T. Bell, T. AY. Revell, J. tV. Bull and F. Parnell. Mr Nolan prosecuted and Mr \\ . L* Rees defended. Mr Nolan detailed the case for the prosecution. Wesley Johuston, engineer on the Tuatea,' deposed that accused was employed on the vessel as stoker and fireman from 4th to. 31st January. “Witness and accused were the only ones working in the engine-room. On the 31st he dismissed accused owing to. his drinking habits. About .10 a.m. accused went up the street and witness saw him next at three o’clock lying in bis bunk, but did not speak to him as lie was the worse for liquor.. Everything in the engine-room was left secure as usual and tlie door was locked and the skylights were properly closed. By the Court: The skylight could only be opened from the outside by violence.

Continuing, witness said that a determined man could have gained access down the coal bunkers or down the funnel. At eight o’clock, witness returned to the ship and went straight to the engine room door and unlocked it. Saw a light shining through from the furnace and also saw a man in a crouching position with liis hands on the ashes cock near the condenser. Witness cried out ‘‘who’s there” and he received the reply, “its me”. When witness got on the stokehold floor, he saw that the man was the prisoner. Witness said ‘‘what, are you doing here?” He said "I have come for my clothes.” Witness told him that ho'was tampering with the fire and the sea cock opposite and trying to flood the vessel. Accused did not reply and witness ordered him up on deck. The accused was muttering something. Accused understood that witness was going for a policeman. While stepping on the rail, he received a swinging blow on the temple, which stunned him, causing him to fall on the deck and Campbell got on top of him with his two thumbs in his throat trying to throttle him. Witness recovered a little and reversed the position when accused tried to kick witness and called out “Help!” and ‘‘Police!” but no one was about. Got away from him and stepped ashore. The effect of fire, had it not been discovered, would have been that the steam would have risen, the water would have evaporated and damaged tho boiler, rendering it useless for some time. Traces of water from the ash cock could be seen in the engineroom. Turning on the ash cock would have emptied the condenser. Had the main injector been opened, it would have slink the vessel. Tlie skylight had been lifted bodily out. After seeing that everything was all right, witness wont home. A new fireman went down with witness the following day, and the vessel was inspected. The engine and bearings were not examined the night previous. The oil boxes, for lubricating the engine had been emery-powdered and the effect would cause considerable damage. Jt would have rendered that part of the engine useless. The thrust box was also covered with emery powder. This would have cut up the collors and would have had a particularly disastrous effect. The dynamo’s oil tubes had been probed with small coal and the commutator had been smeared with oil; this would short, circuit it, disabling the dynamo altogether. The dynamo supplied the electric lights. Had been using tlie emery powder two days previously. They were unable to start the vessel that morning. They usually started her without looking at the bearings, and had they done so that morning, something would have happened. By Mr Rees: There was no bright light to be seen when tlie constable came down as the door had been closed, but lift saw the water on. the floor. The new man, Lowe, had visited the ship about ten o’clock on tlie night in question, but he entered by nieans of a key and he could also get into the engine room. Witness and Lowe came on board together at 4 o’clock on the Saturday morning. The floor was in general disorder as no attempt at clearance bad been made. Witness remarked that there was a fine mess tlie previous night. Did not know if Lowe' said that he did not see a broken lamp. Did not think lie asked Lowe to examine the engines. It was dark at that time. Witness’ eyesight was a little defective for reading purposes. Both witness and Lowe looked round together and both saw the damage to the oil cups; probably Lowe spoke first. Did not know if lie (witness) said “That’s emery powder.” Did not remember if be asked Lowe if it was emery or coal dust on the dynamo. Witness could have seen what it was as Lowe held a light. Had not spoken to Lowe about his giving evidence in this case. Did not suggest to Lowe that if he were asked he should state that he knew nothing about it.

By Mr Nolan: He noticed that the quantity of emery in. the tin had been reduced. Both lie and Lowo made the examination together and they carried on a general conversation, but ho could not recall it as ho was upset at the state of the engines. John Henry Hawke, captain of the ~s . Tiia tea, stated that about ten minutes to fiyp on the Saturday morning, iiis ’attention was drawn to the emery powder on the oil cups and on the hearings of the engine, 'and he ! saw oil which had been poured over parts of the dynamo which should not have been oiled. Water had also been running out of the ashes cock and traces remained. The floor was not wet, but lie could see where tlio water hud flowed among the ashes. Ho noticed that the. pinery had been used carelessly, apparently being done hurriedly or in" the dark. Ho also saw small coal on the dynamo. Charles Neil, acting mate of the Tuatea, saw Licensed at /BO p.m. on the vessel. He was sitting on his bunk, looking as if he had just weakened from a sleep and lio asked him if he would have his tea. Camp hell replied that he had had his tea and that he .had come to pack his clothes tin.’ Everything seemed as usual, there being no more smoke than usual under banked hres. pitiless then went home. Constable Tait, who was on duty on the night in question, deposed that lie arrested accused at 10. dU p.m. on board the Tnatea. He vas then fully dressed. Witness seart-hed him at the Police Station and m the left hand pocket of Inscoiyt, h e I omul some coal dust and some small Jumps of coal. r By Ml' Bees: Saw no trices or emery powder on his coat. Constable Scott remembered tlie engineer coming to him about p m. about being assaulted by Campbell Went into -thy engine room, where he saw traces of water on the floor and one of the fires wore burnverv brightly. Could not find accused that night, and lio lelt word with Constable Tint.

Bv Mr Rees: Tliero would hive been about a bucketful of water on tho iloor. Did not seo any lamp. AVesley Johnstone, recalled, staljxi that a man, who hail elaborated tlie project in his head could have done it in ton minutes easily. For the defence, Mr Rees culled AVilliam Lowe, fireman on the Luatoa, stated that lie was engaged on Friday morning 30th January. I'm' idled his work at 3 o’clock that attcinoon. Tho engineer made some pins that day, and with theso witness pinned tho skylights and tho engineer locked the engine room door. Tho engineer asked him to call in and have a look at the engines that night it lie was in town. It would need a very strong man fo havo forced the skylight. Went to the steamer at 10.5 pjn. Tho engineer gave him the key that afternoon. Did not lose possession of it between 3 and 10 a.m. Tho mate had tho forecasblo key. went down into the engine room and lit a lamp and opened up the water gauge. Opened the furnace door and found that the fir© was very blight and ho thought- ho must- havo banked it- too heavily and that tho steam had risen. Shut the door and Campbell came and said ‘‘Hullo, is that you?” Witness took tho lamp and found that the gauge registered 75 lbs.; this was too high and it was left at 40 or thereabouts. By the Court : That was Ins reason for Visiting the steamer. Continuing, witness said that lio put the lamp out and went up on deck. Witness remarked to Campbell that tho steam was n bit high. While saying this, ho thought ho would throw some water on to deaden it, Took a bucket .of water from the,engi.no room. It was about three parts full and some was thrown on to tho lire,'shut the furnace door, locked the door and went on deck. Campbell invited witness to lnivo a drink of beer, but ho declined. Campbell asked for the key and witness lent it aml bo unlocked tho forocnstlo door and lie went down and got on bis bunk. Witness thought that this might get him into trouble and lie told, him uot to let them find him 111 the morning. Witness took the key and went luyne. Campbell did not enter the engine room, but went to the forecastle. Witness was unaware that it- would open that dour. Returned at four o’clock next morning to waken Campbell to get lum away, but his bunk was empty. As he was shutting tho door, ho saw Johnstone coming round the hotel corner. Witness unlocked tho engine room door and wont down first into tho room. Was on the bottom mug of the ladder when the engineer came down. The engineer came in a hurry and asked him if ho saw .all tho mess the previous evening. Had a hand lump in his hand. Witness said that lie noticed tlie coal being scattered about. Jolinstono then said that Campbell knocked him about and that he saw Campbell tampering with the sea cock. Witness said that the mess might have been caused by the movement of the ship ns she was shifting from a lighter. Had there been any broken lamp glass, lie could not say if ho would, havo seen it. Tho engineer said that they had better have a look round and seo if mo more damage had boon done. A Itness got a* lamp and saw something in the oil cups; did uot know wliat it was at the time, as it was soaked in oil. There was something down the tube as well. Witness remarked “Hullo. There’s something here.” Johnstone said “What is it. Is it emery powder?” Witness saw dry emery on other bearings. Johnstone said “Havo a look at the dynamo. Witness saw coal dust on it, bub the engineer could not have seen it, and Hie latter asked if it was coal dust or emery. Coal dust had not previously been mentioned. Witness replied that it was coal dust. Oil had been poured or smeared on the commutator. The engineer then instructed witness to have a general lookround and that ho would tell the captain that they could not go out. Witness made an examination, as well as he could, but did not discover any further emery powder or coal dust. There were cups which had emery in them. The engineer spoke to him about the key and asked witness not to sa-y that lie bad the key and frequently asked him to ei*y that- it was in a certain place, as otherwise he might lose his position. Witness made no- promise. By Mr. Nolan: There were two keys and tlie engineer could have entered at any time. Had the coal been properly banked, it would not havo presented the same appearance. Either it was too heavily banked or it had been tampered with. The coal bunkers were open that night and there was a. round plate on the deck which could have been lifted for entrance. Left the vessel at about 10.15 p.m. Campbell was drunk when -he came in and he had a, bottle of beer with him. By Mr Rees: He knew that Johnstone’s eyesight was defective.. Giving evidence on his own behalf, accused stated that an assault case arose out of a discussion about a bottle of beer. On Friday, tho day he was dismissed, he did some work for himself, but none for the company. Had several glasses of boor during the day, and after one o’clock he went to his bunk and slept till about 5 o’clock, when ho got up and had tea, after which he had some more beer. Went 011 board again between 7.20 and 7.30 to jiack his clothes. Went ashore shortly afterwards and returned to the boat about 8 o’clock, and went towards the engine-room, tried tho door and found it locked. It was only a drunken fancy to go to tho engine-room to get the towel. Entered the engine-room through the bunker and not through the skylight. The bunker was rather full of coal and ho had to scramble his way through it, Left the towel hanging on a rail on the port side of the engine room. Groped in the dai'k for the! towel, but could not find it and ho opened the furnace door for light, but be could not see the towel, so lio gave up the idea of looking for it and turned to wash Ids bands. Two buckets were there and lio took one, which was underneath tho donkey pump. While pulling out the bucket, tho bottom part of tho nump caught tho bucket, upsetting it. Put tho bucket back and turned on the donkey drain. Wanted to wash his hands as they wore dirty coming over the coal. His hand was not ou the ash cock or the sea cock. Put rib coal on tho fire. Heard the engineer ash: who was there. Had only been in the engineroom a minute or less. Pleaded guilty to the charge of assault at tlie Magistrate’s Court. The engineer said that he was going to make a case of this to make an example of witness. Before this, witness tried to explain, but he would not listen. Johnston only got hall'’way doiyn the ladder. After the assault he'went : up to\yji and returned to tlie boat about 10 o’clock. His clothes etc. wore on board the boat. Did not put any emery powder or coal dust on any part of the machinery. Tho coal dust got in his pockets through coming down the bunker. Did not know there was any emery powder on the boat. Ho had no ill feeling against tho company, and there y>as nothing to cause him to damage the ship. While 110 was on tho vessel, he was on the port- side and the damage took place 011 tho starboard.

By the Court: Admitted striking the engineer, but the latter was able to go away. By ih: isoinu : .Assaulted the engineer because there was.a heated argument, Was never on top of Johnston on the deck. As to why he turned in on the boat, he said he was too drunk to do anything else. When ho got inride. ho replaced the lid to prevent accidents. Only intended to go there for a minute. Spent some time with someone from the Universal Piping

rooms, whom ho did not know b.v name, to tho best of bis recollection, ho had given a true account o! what hud happened. Saw no ornery powder bi> ing used at l’akarao or Tolaga, but lio saw a closed tin. Addressing the jury, Mr Rees said that that it was indisputable that there were only threo persons who could have dono this, first the licensed, second, the engineer, anil third Lowe. Ho asked whether tlie accused’s conduct after the incident was that of a guilty person. Neither the engineer, nor Lowe were asked if they committed the aids. He submitted the demeanor of the accus’d in tho witness box was not that of guilt. Either Iho engineer or tl o accused tampered with tho tnaeh'nory, and tho jury woiid have to <1 ’cide who it was. Alter the boor incident, accused was dismissed and a new man was appointed.. Ho asked whether the demeanor of the engin ’Or was not vindictive and did not Ids every act and word show that he was determined to got his knife into :his man? This was doubtless a slur on tho engineer, but any accusation of any person was a slur and the jury must decide. Every place the engineer directed Lowe to loolc at were found to havo boon tampered with and when tlioy were all seen, the engineer went up on deck to acquaint tho captain and no further fnults were discovered. The engineer was the last man in the place and an hour afterwards, his assistant found tlie fires going and tho pressure increased by 351bs. Even if what was dono would damage the ship it would have been discovered before any liann could havo been done, but ho submitted that what bad been dono would not have had tlie serious effect. stated. He contended that to render a ship useless, it would require to bo shown that it wis out of service for a period ol some duration. His Honor held the contrary view on this point, lie submitted that there was a very strong doubt. Mr Nolan said that if tho defence was believed, the oiigincr would bo branded as a criminal. It was a remark iblo thing that the only part of tho conversation remembered by accused was that about Hie vindictiveness. The prisoners motive was obvious as lie was charged with a substantial crime and bis statements would be as favorable to himself as possible. To said that all fie went for was t 0 get a towel and to get this he- took all this trouble, going through the coal bimkor, putting the lid back again, just for a worthless towel. Accused said that tho lid was put on to prevent accidents. Who was likely to bo there at that time of night?" He abandoned the search for the towel and lie then wanted to wash liis hands and in doing this, he spilt a bucket ami the whole of this was done in less than u minute. The jury could see tho absurdity of that and they could hot take any notice of it. The hand washing story was for the purpose of accounting for the water on the Iloor. He said he wanted to wash liis hands as they were dirty coming through the bunkers. Then what about retiring; would they not got dirty again? lie had 110 intention whatever of washing liis hands. His Honor said that damaging with the object of rendering useless would be effected if the .ship could not be used.. The evidence was that the damage was sufficient to render the ship useless. The point was, however, whether an attempt was made to render her useless. The charge was one of great gravity, and it was an extremely wicked piece- of mischief because had the steamer gone out, serious damage would have resulted. The defence was a bold one and tho ease was certainly against tho accused or a put up case against him. The main facts were not in dispute. The accused had been drinking and drink produced different effects on different minds. In some cases, it made people amiable,, malicious, etc., but the jury could take the common effect of drink. The prosecution suggested that he was rendered reckless by drink and lie was incensed against the engineer for the locs of the beer bottlo and for his dismissal. The examination of Lowe was intended to make out that the engineer after having carefully primed the oil cups, had carefully sent liis scout ahead, saving “Look there.” Mr Reps examined him with great care and the young man answered explicitly. If Lowe’s evidence made out that the engineer damaged certain portions of. the machinery, the jury must take it into consideration. That would be different to telling tho stoker to havo a general look round. If this was true, a very much more serious charge would be levelled against the engineer, and there would bo no suggestion of recklessness on his part. In a defence like this, the jury must- consider whether it was conceivable that such occurrences lmd actually taken placo. After a short retirement ,the jury brought in a verdict of “Guilty” of the attempt to damage tho Tuatea.

Sentence was deferred. MAKING A FALSE DOCUMENT. Johm Godfrey appeared on charges of making a false document, knowing it to be false, with the intention of having it acted upon, a cliequo folio, purporting to bo drawn on the Bank of New Zealand by James Wallace, with using it as if it were genuine, and with stealing sums of £3 13s 9d and £5, also the property of James Wallace. The following jury was empanelled : —lt. Colebrook (foreman), A. J. Maynard, E. A. Sheet, W. H. Harding, E. Roderick, A. Robb, It. T. Williamson, G. R. Moore, F. R. Rendall, J. 0. Queenin, AV. Scragg, G. AV. Primrose. Mx-. F. AV. Nolan appeared for the Crown and Mr. AV. L. Rees for the prisoner. Mr. Nolan dotailed tho case for the prosecution. Edith AVallacc, daughter of the late James AYallace, stated that who kept the books, and accused mado them up. On AVcdnesday, ‘27th November last, two blank cheques wore signed. Tho two produced were tho same cheques. A’fitiiess told Godfrey of this, and lie said that ho wanted to pay two accounts, and ho was going to pay two accounts, and was going over straight away. Ho said th it one of the cheques was to pay Air. H. Martin £4O, and the other was tlio Gas Company, £3 13s 9d. Godfrey said that "Mr. Martin had asked for tlio account, as ho was wanting it. Gave him tho forms', and lio filled thorn in. Knew of no account for £o against her father, and all the ac-' counts went through her hands. The block for the £5 cheque was not filled in at all. A brother of witness went to tho hank and found that the cheque had been cashed. By Mr. Rees: Bid not know that Godfrey occupied any different position to that of bookkeeper, and did not know that her father had given the bank certain authorities in favor of the accused. AV.is sure that Air. pyko was never instructed to treat with Godfrey during his absence and illness. AA'as unaware that the accused had authority to settle disputes and pay promissory notes, lie was to "settle a dispute with Kirk. Godfrey was paid £lB a year, but there was no written agreement that she knew of. AVas unaware if he rendered her father any other services beyond bookkeeping. Godfrey did not claim £S for services rendered. By Mr. Nolan: Her father was very ill at the time, and lie died shortly afterwards. Godfrey lnd drawn about £6 more than was due to him. Alfred Robert John AVallacc, barman at the Tur.ingaiiui Hotel, deposed that on the 2Stli October, 190", he asked accused for an explanation in regard to a butt of the cheque book which was not filled in. Asked iiim where he left- the cheque book, and was told that it was at thp Q'or-

onatioii Hotel. Witness said Unit it bail no business to be there. Witness was in charge of tho hotel whim liis father was laid up, anil if Godfrey wanted anything he should have asked witness! Godfrey had 110 reason whatever to interfere with witness’s management of the cash. Accused had found that there was a deficiency in the cash, but ho did not know what amount. Did not tell liis lather, as lie was too ill, hut liis father subsequently agreed with bis course of action. Godfrey wanted lo see his lather, but they would not allow him. By Mr. Nolan: llis father had fold him that- the pint ter should be out in the hands of the police. James Bolder, clerk at the Albion Hotel, staled (hat lio cashed a cheque for £5 for Godfrey, who said that it was liis own. J. J. Marlin, proprietor oil tho Royal Hotel, stated that ho gave accused a cheque lor £3 10s to pay Mr. Wallace’s gas bill on tho 29th November. By Mr. Rees: Godfrey was keeping'liis books. The money was an advance against wages. W. 8. Limn, secretary of tho Gas Company, stated that 011 tlie 29th November accused paid "Wallace's account by Mr. Martin's cheque for £3 10s and 3s Oil in cash. Witness got him to endorse the cheque in the usual way. Joseph McKay, Icilgerkeepcr at tho Bank of New Zealand, stated that accused cashed the cheque for £3 13s 9d on 27th November. By Mr. Rees: lie bad two letters from Mr. Wallace to the manager of the bank. Tho letters were dated August, 1907, and requested that Godfrey be supplied with necessary information, and that- the pass-book be handed to Godfrey until further notice. M. Rees said that Godfrey did work quite outside ol bookkeeping. He still had a claim of about £8 against Mr. Wallace, and the £5 belonged to him. He wanted to see Mr. Wallace about it. but could not see him. Before theft could bo proved, it must be shown ’hat he intended to deprive Mr. Wallace of the money permanently. Accused, giving evidence, stated that- he was an accountant employed by Mr. Wallace, liis salary being £3 per month. liis duties commenced in May, and ceased at the end of November. Air. Wall ice was ill most of the time lie was there, and witness used to count the cash and bank ’t. Was absolutely Air. Wallace’s confidential accountant. He was new to the business, and witness had been a hotel accountant for years, and Air. Wallace had relied on him. At tho end of November between £S ami £9 was owing to him. Raw Air. Wallace on 27th, but lie could not seo him on 2Sth or 29th, as lie was then very ill. Was absolutely certain that Mr. Wallace would have assented to his filling in a cheque l’o-r himself. By Air. Nolan : Wanted to seo Mr. Wallace about Martin’s account, and be said that it had better not be paid until he got about again. Had filled up hundreds of cheques, and no one else had filled up Jus cheques. At the time lie had not received direct permission to fill the cheque for £5. J. F. Petlie, wine and siiirit merchant, said that be was one of Air. Wallace’s sureties at the bank. There was a promissory note for £IOO, anil the arrangement was made in tho presence of Godfrey. Godfrey did Air. Wallace’s books, and probably advised him on financial matters. Afr. Rees briefly addressed the jury. His Honor said that the real question for the jury was whether the accused acted honestly or dishonestly. If -a- false instrument- were made to the prejudice of another, that constituted forgery. If the jury thought that the transaction was dishonest, they would have no doubt about their verdict.

The jury returned with a verdict, of “Guilty,” Air. Stock asked, on behalf of Air. Rees, that sentence be deferred until tlie morning. His Honor agreed. CHINAMAN BAITING. SENTENCE OP 30 DAYS. R. C. Brown was brought forward for sentence for assaulting Clung Poo. Asked as to whether there was any reason why sentence should not be passed upon him, accused said that ho had been recently married, and 110 had never been out with the young men previous to the night in question, and he asked for a chance. His Honor: If you are recently married, it is all the more discreditable having taken liquor on that occasion. Accused: I never saw the Chinaman, and had no intention of hurting him in any way. I am very sorry it happened. Afr. Stock appeared at this stage, and stated that he was unaware thatBrown was to be brought up just then. He had intended calling wit-, nesses as to character. 1 ; His Honor: There is nothing against his character. Air. Stock, on prisoner’s behalf, urged "that the incident was tho result of a drunken spree, and ho had no intention of harming the Chinaman. Although Chinaman baiting was reprehensible, the stones were simply thrown at the house, and there was tho misfortune of hitting the Chinaman. He trusted that accused’s previous good character and tho fact of his recent marriage, of which 110 did not know till Alonday morning, and the fact that it would have a good, effect upon him, would ho taken into consideration, and ho asked that tho benefits of the Probation Act bo applied. He was sure that Brown would not transgress again. His Honor: I cannot give you tho benefit of the Probation Act. You havo been guilty of a cruel act. I take into consideration tho fact that the jury have found you guilty of common assault only, but that common assault consisted in taking part in throwing stones wantonly, disturbing the peace of this humble creature in throwing in such a reckless way, not really caring whether ho or tho liouso was hit. I feel if niy duty to sentence you to' -imprisonment, which will bo as light as I can, consistent with what you havo done. Judging by your appearance, I think you aro more respectable than those witnesses, both of whom behaved in a very discreditable way, and both of them were, to say the least, totally wanting in candor, one of them deliberately lying, and the other near it. It is to your credit that you did not do this. It is not tho first time that I have had men in the dock for illegally assaulting a. Chinaman, who had to live in fear. Chinamen aro not entitled to more protection than Europeans, but they are entitled to protection, and they aro seldom if ever aggressive. I want to teach the young man that he is not entitled to go about baiting Chinamen, anil I want it to go forth that in future to anyone acting similarly.

whei-iier Chinamen or Europeans, the con.s’riqueni'O will bo more serious. I lie accused will be sentenced to thirty days’ -imprisonment in Hie Gisborne police gaol. His Honor intimated that it it was thought desirable, tho prisoner could bo sent to Napier. Mr. Stock replied that Gisborne was preferred. NAPIER SITTINGS. Press Association. NAPIER, March 5. At the Supremo Court to-day Frederick Ewart and Thomas Anderson 1 ; each charged with stealing, were acquitted. Luther Martin Murray, found guilty of sheep stealing anil horse stealing, was sentenced on those charges, and also on tho charge ol assault with intent to rob, for which lio was convicted yesteradv, to five years imprisonment on each charge, sentences to bo concurrent. George Adams was found guilty of assault, and remanded for sentence.