SUPREME COURT.

Globe, Volume II, Issue 110, 7 October 1874, Page 2

SUPREME COURT.

CRIMINAL SITTINGS.

Tuesday, October 6. [Before his Honor Mr Justice Gresson.] FORGERY AND UTTERING.

Wm. Harvey was indicted for having forged and altered a receipt for £l6.

The prisoner, who was undefended, pleaded not guilty. Mr E. Garland was chosen foreman of the petty jury. The facts of the case were these": The prisoner, on the 29th July last, was defendant in a civil case, heard before Mr G. L. Mellish, Resident Magistrate at Oxford. The prisoner was sued by a firm, of which one Coleman was a member, for £l6 due for labour done. During that trial a receipt was introduced, bearing the signature of Coleman, acknowledging the receipt of £l6 in full of all demands to date. Coleman distinctly denied having given such a receipt, but, on the contrary, stated that he had given it on account of a dishonoured order given by the prisoner, and not on account of the transaction referred to. Coleman had signed the receipt with a cross, but on the one produced it appeared as " J.," with the word " Co" after it, thereby making it appear that Coleman had signed for the whole partnership, and also for the whole of the amount due up to the date of the receipt. When the case came before the Court, Mr Mellish called the attention of the prisoner to the different colored ink in which the words " balance due as a" and the words " and all claims to above date" were written. The original receipt as given was as follows: '• Oxford, May 6th, 1874.—Received from William Harvey the sum of .£l6, settlement of a dishonored order." When produced in Court the words " balance due as a"

had been interpolated before the word "settlement," and the words " and all claims to above date" after the word " order." Sergeant Greenwood, Messrs Coleman, Charleson, and Walker were called by the Crown Prosecutor in support of the indictment. For the defence, the prisoner called a witness named Clarkson and one named Cooper, but nothing material was elicited from either of them. The prisoner addressed the Court at some length, commenting on the evidence. His Honor summed up, and the jury, after a short retirement, returned a verdict of " Guilty." His Honor sentenced the prisoner to two years' imprisonment with hard labor. Wednesday, October 7. The sittings of the Conrt were continue d at 10 a.m. UNNATURAL OFFENCE. Thomas Timmins was indicted for this offence. Prisoner pleaded "Not Guilty." Mr Duncan prosecuted on behalf of the Crown, and Mr White, of Timaru, defended the prisoner. The evidence of Sergt. O'Connor, Dr Powell, Mounted-constable Gilchrist, and others having been taken. Mr White addressed the jury for the defence, contending that no case had been made out by the Crown against the prisoner. His Honor summed up, and the jury, after a short retirement, returned a verdict of "Not Guilty." The prisoner was then discharged. - INCITING TO COMMIT A FELONY. James Hendley was indicted for having committed an indecent assault on the person of George Edwards at Lyttelton. The prisoner, who was undefended, pleaded "Not Guilty." Mr Garland was chosen foreman of the jury. The evidence of the prosecutor, Captain Kiddey, and others, having been taken, After a short consultation the jury returned a verdict of "Not Guilty," without leaving the box. SODOMY. The same prisoner was indicted for having on 10th August last incited one Charles Weed to commit this offence. The prisoner pleaded " Not Guilt}'." Mr Torrence was chosen foreman of the Mr Duncan called evidence in support of the charge. [Left sitting.]