SUPREME COURT.

Globe, Volume II, Issue 178, 4 January 1875, Page 2

SUPREME COURT.

♦ CRIMINAL SITTINGS. Monday, Jan. 4. [Before his Honor Mr. Justice Gresson.] The quarterly session of the Supreme Court opened at 11 a.m, this day, at which hour his Honor, attended by the sheriff (Dr Back) and the deputy-registrar (Mr R Davis) took his seat in court. The following gentlemen were sworn as THE GRAND JURY ; Messrs H. P. M. Aynsley (foreman), J. T. Maling, W. B. Armson, R. M. Morten, J. S. M. Jacobsen, J. Townsend, J. Abbot, F. Pavitt, J. Beaumont, C. M. Wakefield, E. Pavitt, A. F. N. Blakiston, E. H. Ensor, S. S. Field, Dennis O’Callaghan. THE judge’s CHARGE. His Honor then proceeded to deliver the following CHARGE. “Gentlemen oe the Grand Jury, —lt appears from the calendar that there have been twelve committals since our last session ; some of them upon charges of a very grave character, but none of them, so far as I can judge from the depositions—with one exception—requiring any observation from me. In the case to which I refer, a man named Keetley has been committed for trial upon a charge of horse-stealing. The facts appear to be that the prosecutor’s horse had been missing from the 7th April last, and was supposed to have strayed from a paddock, in which he had been with other horses, to a river bed, where the other horses, except one, were found next morning. That the prosecutor had advertised the the loss of the horse three times in the Lyttelton Times newspaper. That about eight months after the horse was missed, the prisoner, a horse-dealer, was found using the horse, and stated to Mr Crooke, who had sold him to the prosecutor and recognised him on seeing him again, that he (prisoner) had had the horse since Mr Crooke had been away, a period of more than two years. That prisoner also stated to the constable who arrested him that he had taken the horse from the run, supposing that he was a horse advertised by David Thow, a horsedealer supposed to be now at Wellington. That prisoner led the constable to suppose the horse was his property, having replied to a question if he would sell the horse, that he was so useful to him, and suited him so well that if he sold him he could not got another like him. You are aware, gentlemen, that if property, which has been taken from the owner without his knowledge or consent, is found in the possession of another shortly after it was missed, it is incumbent on that other person to account satisfactorily for his possession of it,

otherwise the presumption is that he obtained it feloniously. But the strength of such presumption depends upon the length of time that has elapsed since the article was missed and other circumstances, such for example, as whether it was of a nature that would readily pass through many hands in a short time. It has been held that if there be no evidence against a person accused of larceny save possession, six, or even three months after the property was lost, that is not such a recent possession as to put the prisoner, upon showing how he came by it. It will be for you to consider whether the prisoner’s statements to Crooke and the constable are such as to entitle the Crown to have him put upon his trial. Gentlemen, I hoped to have had the pleasure this session of congratulating you upon the completion of the court-house. But the work has occupied more time than was expected. I am informed by the architect that the canopy above the Bench will be erected shortly, and that he expects that the acoustic properties of the building will be improved thereby. Gentlemen, on the 30th of" last month I received a letter from the honorable the Colonial Secretary, informing me that in compliance with what is understood to be the wish of the Legislature, as expressed in the report of the joint-committee of both Houses in the “Ward Chapman” inquiry, arrangements are being made for the shifting of Supreme and District Court Judges to different circuits ; and that it is proposed to assign the judicial district of Nelson to me, Mr Justice Johnston taking this district; and asking me if I could conveniently move to Nelson by the end of this month. It is probable, therefore, that this is the last time that I shall have an opportunity of addressing you. My official connection with this district has now been of seventeen years’ duration. During that long period I have had ample opportunity of forming an opinion of the manner in which jurors of all classes discharge their respective duties, and I can truly state that, as a rule, I have found them intelligent, careful, respectful to myself personally, and, what I value much more, to my office, and most ready to accept any direction or assistance from the Court. It is gratifying to know that the very able and experienced judge who is to succeed me will find that the burdens of his office are ligh'eaed, and its difficulties diminished, by the care with which jurors and the various officers of the Court in this district are in the habit of peiforming their duties. Gentlemen, although my official connection with you is about to cease, I should be sorry to think that the friendly intercourse which has hitherto subsisted between us was not to continue. It would be strange, indeed, if, after having lived twenty years among you, I had not made many friends, and I am sure that, wherever the remainder of my life may be spent, I shall continue to cherish the cordial feelings of respect and regard which I now entertain towards you. Gentlemen, I need not detain you longer. If you will now be good enough to retire to your room, the bills will be laid before you. TRUE BILLS. During the day the Grand Jury returned into Court with true bills in the following cases:—Regina v Alexander Fraser, larceny as a bailee; Regina v Andrew McGuinness, robbery from the person; Regina vA. Clark, sodomy; Regina vA. Clark, indecent assault; Regina v G. W. Price, larceny from the person; Regina v Burnie, indecent assault; Regina v John Hennessy and Charles Dee ; Regina v William Rich. LARCENY AS A BAILEE. Alexander Fraser was indicted for having on the 18th day of August, 1874, then being the bailee of one gelding, the property of Charles Spalding, fraudulently converted the same to his own use. The prisoner, who was undefended, pleaded “ Guilty.” The prisoner, who stated his age to be 39, said that he had committed the crime under the influence of drink, and was sorry for it when he recovered. His Honor sentenced the prisoner to two years’ imprisonment, with hard labour. ROBBERY FROM THE PERSON. Andrew McGuinness was indicted for having on the 7th November, stolen a pocket book from one Daniel McCullish. The prisoner, who was undefended, pleaded “ Not Guilty.” Mr Duncan prosecuted on behalf of the Crown. Mr W, B. Pyne was chosen foreman of the petty jury. The facts of the case were briefly as follows ; —On the day mentioned in the indictment, the prosecutor and prisoner, accompanied by another man, proceeded from Barry’s Bay to Akaroa together. On the way the prisoner borrowed some money from the man who was with them. On arriving at Be.;chcr’s Hotel, Akaroa, the prosecutor changed a cheque for £9 odd, which the prisoner saw him receive. After sometime they proceeded to the other end of the town, and engaged beds for the night at Waeckerle’s Hotel. They were shown to their bedrooms about 10 30 p.m., and shortly afterwards the prisoner went into the room occupied by the prosecutor, under pretence of wanting a light for his pipe. He then pulled about the prosecutor’s clothes and left the room. In the morning the prosecutor discovered that his pocket-book was missing, and gave information to the police. When arrested the constable found 16s upon him, which he said was all the money he had. On being searched more thoroughly at the Akaroa lock-up three £l-notes were found in the toe of one boot, and two £l- - in the toe of the other. The Crown Prosecutor called Sergeant Ramsay, the prosecutor, John Moore, and the barman at the hotel. The latter deposed to having seen the prisoner go out of the back door of the hotel between twelve and one o’clock a.ra., and not return. In the morning the prosecutor told him that be had been robbed. The prisoner made a short statement, denying that he had ever stolen the money from the prosecutor, but that the money found in the toes of his boots was his own earnings. His Honor having summed up, The Jury returned a verdict of “Guilty” without leaving the box, His Honor sentenced the prisoner to eighteen months’ imprisonment with hard labor. INDECENT ASSAULT. William Bunny was indicted for having indecently assaulted one Sarah Elinor Pet per, on the 28th September, 1874. The prisoner, who was undefended, pleaded “Not Guilty.” Mr M. M. Wyatt was chosen foreman of the petty jury. The evidence in this case is unfit for publication. [Left sitting.]