SUPREME COURT.

Globe, Volume VIII, Issue 1021, 3 October 1877, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. Tuesday, October 2. (Before His Honor Mr Justice Johnston.) LARCENY OF PRINTING TYPE. * W. Johnston Mahoney, Wni. Mahoney, and Andrew Devanney were indicted for having, during the month of January, stolen a quantity of type, the property of the " North Canterbury Independent" Printing Company. M. H. Browne was also charged with having received the said property knowing the same to have been stolen. The following is the conclusion of Thomas Dudson's evidence: — There were some cases left at his back door in the morning. He told them he did not want the property left about his place. The type was removed in a cart by the younger Mahoney. The boxes were rather heavy. There were two or three flat boxes, and two or three square ones. Mahoney jun. told him that he was going to put the boxes in a shed in Sneyd street. He did not say that he was going to take any type to Rangiora. Mahoney came to witness's shop before Talbot came, and told him that some stuff would be brought to his shop. He gave witness £2, and told him that when they brought in the stuff witness was to give the chips who brought the goods the money. Witness gave the money. About eight different sets of articles had been left in his shop. W. D. Humphries deposed to Talbot coming to his house on a Saturday afternoon at the end of the year, with a small box something like the one produced. At the request of Talbot he weighed it. It weighed from 701 b. to 80lb. He saw Talbot again afterwards with Devanney coming across the bridge carrying a parcel. Edward Thornton deposed that he was employed as a compositor in 1876 at the " North Canterbury Independent." The type witness recognised as that used by the " Independent." The scroll box he could not swear to. [Witness identified the property produced.] He had never seen brevier with the same nick as that used in the Kaiapoi paper. He had worked at the Press, the " Times," and at Mr J. T. M. Smith's office. By Mr Izard—He had had experience in the trade for some twelve years. Thomas Morton Holland deposed that some months ago he was partner with Browne in the " Standard" office. At the commencement of this year some type, scroll case, and brass rule was left at his office. [Cases and printing plant produced identified by witness.] Mahoney, junr., brought the property to the "Standard " office with another person. It was brought in a trap between twelve and one a.m. Mahoney, junr., brought the type, &c. in. They had asked witness previously if they could leave it, so he knew it was coming. Witness and Browne had arranged for the purchase of the type, &c. from Mahoney, junr. Browne was aware of the purchase. Mahoney, junr., returned the next day after leaving the type. After a little had been used of it the type was buried by me and Mr Browne. It was buried on account of a suspicion he had that it was stolen. The Kaiapoi paper had lost certain type, and we had a suspicion that this might be it. We paid a first instalment of £3, a second one of £2 10s, and then £ls by cheque. Mr Browne paid the £ls. Witness paid the £3 and £2. Mahoney, jun., told him that the plant came I'rom Wellington, where he had a paper. Witness and Mr Browne buried the type in three places. About three weeks or a month after he bought it, M ihoney, jun., came and said that he wanted il|back, as it belonged to the Kaiapoi paper. Witness refused to give it up, because he thought it was stolen. The type remained buried until Inspector Feast came. Witness wrote to Mr Dudley, and ho came to see him.

By Mahoney, senior—The type was hid before your son told me that you would have it back to give to the company. I only knew that you knew nothing about the type from your own words. Cross-examined by Mr Izard —The young , Mahoney now before the Court is the one who brought the type to Kangiora. Cross-examined by Mr Garrick—Mahoney was working at my place, and led me to believe he had got some type coming from Wellington. Browne was not in the house at ! the time. After it was buried witness and ; his wife removed it to Christchurch without ! Browne's knowing anything of it. Witness ! made no arrangement as to not being prosecuted. He was told that if he told the ; truth he was not to be prosecuted. Ho was in gaol for a week iu Addington Gaol. Two ! friends helped him to get down the type, j Win, Talbot, to whom a temporary absence from the Court had been recommended in order to enable him to recover from the heat of the weather, now stood forward. He deposed to having a conversation with Mahoney at Middle!oil's Hotel about removing type from the "North Canterbury Independent." Witness had asked for his money, but Mahoney said he had none. Mahoney told him to take the type. He said there were some parcels of type tied up in the office, and he could take that. Witness j took it at all events. Devanney and witness went to Dudson's with two boxes of type, and ! then Devanney took another. They got the ! key from the malt-house; Mahoney told | them it was there. They took boxes similar to those produced. Neither of the other prisoners Avere with them. He did not know what had been done with those boxes. They resembled the boxes produced very much. They returned to the printing office on the new year's night with Devanney and Mahoney, junior. The first theft was on Saturday, and the second on Monday or Tuesday morning. [Witness then identified the various articles.] The lot was taken to Dudson's. Witness did not take the box in broad daylight, and he did not think this was stealing. It was an innocent thing all round. Mr Garrick pointed out that the whole root of the case was that a member of the profession had advised that if they could get hold of the type quietly and without a breach of the peace a lien would hold over it. His Honor- 1 should very much like to see that solicitor in the box. I would give liim some idea of the law on the question. ]\lr Garrick—The gentleman in question was,l believe, a judge, your Honor. His Honor said that he should consider in his mind what punishment a man like that deserved for coming in drunk to a court of justice. Cross-examined by Mahoney, senior—l do u-t remember your telling mo that if Mr Dudley had given mo employment to weigh the type that I could get the key. I do not remember any conversations with you as to the disposal. I have no hesitation in saying that tjus is fcJj.B feype, I do not reqjeqib'er y crur

saying anything about getting advice from Mr Clarke of Rangiora. This closed the case for die Crown. Mi* Duncan elected to proceed only on one case. The counsel for the defence having addressed the jury, His Honor summed up, and the jury returned at 6.55 p.m. to consider their verdict. They returned into Court at 7.10 p.m., wrih a verdict of " Guilty," with a strong vpcmmendation to mercy of Mahoney, jun., Browne, and Devanney. Mr Garrick asked that sentence should be postponed until next day, in order that he might produce evidence as to character in Browne's case. Dr. Foster handed in letters from Mr George Crawford and the Mayor of Wellington, in favor of Mahoney, jun. Mr Garrick asked his Honor whether he should be in order to ask the jury whether they considered that Browne knew at the time ho received the goods that they were stolen. The Judge —I don't think that will do you any good, Mr Garrick. I should not advise you to ask it. However, you'may do so if you like. The Foreman of the Jury said that he thought the jury were of opinion that he did not know at the time he received the goods that they were stolen, but that he knew afterwards. His Honor said that in that case the law was this—that if the jury believed that Browne received the goods at first knowing that they were not stolen, however foolish or culpable he might be by concealing them afterwards, they must find him not guilty. Did the jury think that ? The Foreman—l understand your Honor that the opinion of the jury is that Browne did not know at the time he received the goods that they were stolen. For this reason we recommended him to mercy. His Honor—Then under those circumstances I think you must find JBrowne not guilty. I have stated the law correctly, I think, Mr Duncan ? Mr Duncan —Quite so, your Honor. The jury then consulted for a few moments. The Foreman —The jury are of opinion, your Honor, that Browne was not aware at the time of his taking the goods into his possession that they were stolen. They therefore return a verdict of "Not Guilty." His Honor—l quite concur with you, gentlemen. Let the verdict be recorded as "Not Guilty" against Browne, and "Guilty" against the three others, with a recommendation to mercy of Devanney and Mahoney, junior. The prisoners can be brought up for sentence to-morrow. Browne was then discharged and the Court adjourned until 10 a.m. this day, when the case of Regina v Carl Kehdc for murder will be taken. Wednesday, Octojjeb. 3. The sitting of the Court was resumed at 10 a.m. SENTENCE. W. J. Mahoney, W. Mahoney, jun., and A. Devanney, who had been found guilty, were brought up for sentence. His Honor—Mr Duncan, I should like to remark on the case decided last night, which took me somewhat by surprise, as I have no doubt it did you also. Without explanation what I said last evening on the case might be open to misconstruction. I laid it down to the jury that if Browne had not a guilty knowledge when he received the "goods he could not be found guilty, and I proceeded to comment on his subsequent conduct, as being bad. I am not sure now, after considering the matter, that it was not more than this, and that he was an accessory after the fact, and if indicted for tins he might have been found guilty. I think that if I had not explained as to the matter I might have been taken to say that a man could not be punished for such an olt'ence. On being asked if he had anything to say, Mahoney, sen., said that he had been advised by two legal gentlemen in Kaiapoi that he was entitled to remove the implements of trade without legal consequences when wages were due to him. Under these circumstances lie had done what he had without any intention of committing a felony. His Honor said that under these circumstances, when the names of two professional gentlemen had been mixed up in this way, it would be better if the case was postponed as regarded the elder Mahoney, to enable the gentlemen referred to to come forward and state the facts of the case. As regarded the younger men, if Mr Duncan saw his way clear, he felt disposed to give the fullest possible weight to the recommendation of the jury, and inflict a mere nominal punishment. He adjured the younger men most solemnly to rellect upon the position in which they had placed themselves, and to let it be a warning to them in the future. The sentence of the Court would lie that they be imprisoned for three days, that was in efleet, that they would ; be discharged at the rising of the Court. His Honor —I do not intend, Mr Duncan, to exercise the summary jurisdiction of the Court as regards the professional gentlemen whose names have been mentioned in connection with this case, but I merely adjourn it in order to allow of their coming forward and making an explanation if they desire to do so. HOUSEI3BEAKING. William Thomson alias Richard Walton, was indicted for having, in the month of June last, broken into the dwelling house of W. 1). M. Banks, and stolen therefrom certain articles. The prisoner, who was undefended, pleaded "Not Guilty." After hearing the evidence, the jury returned a verdict of " Guilty." A previous conviction, for which the prisoner had received five years' penal servitude, was proved. His Honor sentenced the prisoner to ten years' penal servitude.

3IUKDEK. Carl Kehde was indicted for having on the 21st of July last -wilfully murdered one Thomas Powell. The prisoner, who was defended by Mr Joynt, pleaded " Not Guilty." Mr S. Smart was chosen foreman of the Mr Duncan prosecuted on behalf of the Crown. William .Kouse, a police constable stationed in Christchurch, deposed to deceased, Powell, coimg up to him in St. Asaph street, and giving him the weapon produced. He examined the deceased and found a large wound on the stomach. There was blood on the weapon, and also a little on the clothes of the deceased. The deceased went to sit down when witness proceeded to examine him. He then slipped down aj if exhausted. "Witness took the weapon from him, sent for a cab, and took him to the Sogpital. on tha

23rd, he saw the body of the deceased in the Hospital. The clothes produced are the same as those deceased was wearing when he came up to witness. Deceased had been drinking. Cross-examined by Mr Joynt—Deceased appeared at first to be drunk. When he came up to witness he made a kind of a stagger. Henry Barrett deposed that on the 21st of July last he was at the Victoria Hotel, Colombo street, about 8 p.m. A woman came in with the deceased shortly after eight o'clock. Witness knew the woman now to be Elizabeth Lynch. Deceased and the woman were the only persons in the small room or parlour. They were sitting at a round table, and each had a drink before them. Witness left before they did, and did not again see deceased until Monday, when he was dead. Cross-examined by Mr Joynt —As witness went in the woman seemed as if she wanted to go away alone. Deceased asked her to stay and have another drink. The deceased was a very quiet man. Witness could not say whether deceased went away first, or whether the woman and him went away together. Sarah Albany deposed that she was barmaid at Barrett's Hotel in July last. On the 21st July a woman named Elizabeth Lynch was in the bar of Barrett's Hotel between 10.30 and 11 p.m. She was alone when she came. A man named Powell came in afterwards. Powell spoke to Lynch, and they remained some time talking and having drinks together. They left together. They were under the influence of spirits, but not very tight. They were tipsy. Witness next saw the deceased outside the hotel about 11.30 p.m. the same night. She was called up by a policeman, and went down. Deceased was lying down on the footpath. The constable then called a cab and took him away to the hospital. Witness afterwards saw deceased at the hospital. He was then dead. Cross-examined by Mr Joynt—The woman Lynch seemed to be the worse for drink when she came into the hotel. Powell came in about five minutes after her. The woman Lynch was in the private room facing Madras street when Powell came in.

Elizabeth Lynch—l remember 21st July last. I lived with the prisoner as his wife for twelvemonths last April, in St Asaph street. The house we lived in was next to Fawcett's boarding-house. I was at the Victoria Hotel on that evening about a quarter or twenty minutes past eight o'clock. I saw Thomas Powell there. We left about half-past eight, I think. We went to Morrison's the butcher, towards Cathedral square. I went into the butcher's, and when I came out Powell was standing outside. He asked me to let him carry my umbrella, and we then went towards the Bank of New Zealand. When near the Bank of New Zealand I told him he must leave me, as I was a married woman. He said he would if I woiild take another glass of wine with him. I consented, and we went into the Scotch stores, High street. We had some brandy there. We stayed some little time there —only a few minutes. After leaving the Scotch stores I have very little recollection. The drink got the better of me. I remember now going to Barrett's Hotel by myself. Powell followed me. I had something to drink there. I don't remember coming out of Barrett's Hotel, but I saw the prisoner in St Asaph street, near Mrs Fawcett's boarding-house. Powell was with me at the time, and I said to him " Here's my husband; you must leave me." Kehde did not hear it. Prisoner then put me into our house, locked the door, and went away. Powell at this time was outside in the street. A few minutes afterwards I heard somebody in the front garden. I drew the dressing table on one side and opened the bedroom window. I threw the window up from the bottom, and thinking it was prisoner I said "Is that you, Charley:'"' It was not prisoner but Powell, and he put his arm in at the window. I got partly out through the window and got back again. I got partly out of my own accord. Powell then came in through the window, and prisoner came in and saw the deceased with me in the front sitting room. Prisoner was absent about a quarter of an hour or twenty minutes. He told Powell to go out. Prisoner put him out, and then out down the street to look for a policeman. While he was absent Powell came in again. The front door was open. Prisoner returned and found Powell there again ; he then put him out, and I went and stood in the front garden. I was outside when prisoner put Powell out the last time. Prisoner shut the door, and I went round to the back, and asked prisoner to let me in. He did so, and when I went in he scolded me. Powell was knocking at the front door, and at the window. I do not remember him saying anything. He wanted to come in, but prisoner would not let him. Prisoner went out of the front door, and as he went out I followed him. Prisoner fell just then. I never saw the prisoner strike the deceased with a weapon, nor did I see him take a weapon. I then saw a weapon in Powell's hand. It was a long tool. Prisoner has tools like the one produced. They were kept in a box in the kitchen. There were some tools out on the table which he was going to clean or had cleaned. I saw them on the table that night and the next morning. I put them away next day. There were some tools there like that produced. When I saw the tool in Powell's hand I asked him to give it to me, but he said, " That will do, I'll keep it," or something to that effect. He then went away down the street in the direction of Barrett's Hotel, and I never saw him alive again. When he went away he took the tool with him. I saw Powell on the Monday in the Hospital. He was then dead. I did not see any struggle between the prisoner and Powell. Prisoner said he wondered if he had hurt the man; he did not intend to do it if he had. He said nothing about how he burt the man, or with what. On Sunday morning the prisoner said, I believe, " I wonder if hurt the man." It might have been, "I am afraid I hurt the man." lam not sure.

Cross-exhinined'by Mr'Joynt—l liad never seen Powell before the Saturday night I met him at the Victoria Hotel. He'spoke to me first. I told him that he must not follow me through the town. Prisoner took the key away with him when he pushed me into the house. When he came back and found deceased in the house the prisoner was much annoyed. It was not at my invitation that Powell came into the house. Prisoner did not charge me with having invited the man in. He was very angry with me for having the man in the house, and said he would not allow such a thing. When prisoner came back a second time and found the man there it excited him very much. He came inside the house and locked the door. Powell was standing in the front garden when I went round to thebaok and asked prisoner to let mem. Powell knocked loudly and repeatedly at the door and window. He was a much larger man than prisoner. During tho time the Jajockisg was going oa the prisoner was very

much excited. Prisoner used tools like that produced in his business. It seemed as if prisoner had fallen, owing to the slippery nature of the ground. Powell was standing in front of the door with his face towards prisoner. Powell was quite close to prisoner when he fell, which was towards Powell. I did not see prisoner have anything in his hand at the time. About a minute elapsed from the time of prisoner's falling and my seeing the weapon in Powell's hand. Prisoner got up on his hands and knees, and I thought he was hurt. He got back into the house after he bad fallen. After Powell had gone away prisoner came out again, but not till after Powell had gone. Sarah Eawcett deposed that on 21st July prisoner and Elizazeth Lynch were living next door to her in St. Asaph street. On that evening, about 11 o'clock, witness saw Elizabeth Lynch and Powell talking loudly together in front of her house. Elizabeth Lynch appeared to be dragging Powell by his coat with both hands to get him into the house. They both went towards the house. About five or ten minutes afterwards witness saw prisoner coming towards his house from the direction of Barrett's Hotel. He spoke to the deceased, and the man said " I meant no harm." After this witness heard Elizabeth Lynch crying out that she was locked out, and asked to be let in. She was outside for a few minutes, when some one opened the door. Some words passed between prisoner and her, and she was crying. The next thing witness heard was a rush at the door; the door opened, and the woman Lynch crying out "Oh, don't Charley," two or three times. The woman Lynch then tried to get the weapon out of Powell's hand. She said, " Give that to me ; it belongs to me, that does." He said "No, I shall give it to the police." Witness saw the blade of the weapon shining in the moonlight, and thought it was a large carving knife. Powell and Elizabeth Lynch were on the footpath. A man named McCracken came along at the time, and the deceased rushed after him to speak to him. McCracken said "Excuse me," and rushed into witness's house round the back. The deceased followed him, having the weapon in his Land, and when he found that McCracken had gone in he turned back. Witness afterwards saw the body of deceased at the Hospital. Cross-examined by Mr Joynt —Witness had the sitting-room window partly open and the blind up. She could see what passed in the front of the honse and hear all that took place. She had never seen Powell there before. A few minutes after Powell and Elizabeth Lynch had gone out of sight prisoner came from towards Barrett's Hotel. Men had been at the house and had brought drink there during the absence of the prisoner. Men had been there between meal times —between breakfast and dinner. She had never seen men in the house while the prisoner was there. She was prepared most positively to swear that the man with Elizabeth Lynch at the first was Powell. When prisoner first came home the whole of them were talking together and making a noise, but not a great noise. The deceased said "I meant no harm." After the door opened there was a noise as of a scuJlle. The weapon the deceased had in his hand looked like the one produced. Harry Feast —I am Inspector of PoliceOn the evening of the 21st of July witness and Detective Walker went to the house of the prisoner in St. Asaph street. The prisoner and Elizabeth Lynch were in bed together partly dressed. I told them that they must get up, it was the police. The door was then opened and Walker and witness went into the house. I told prisoner I had come to arrest them on a charge of murder. The prisoner said " Oh, is he hurt ?" I said, " Oh, the man is dead." Prisoner replied, "Oh, my Cod, I was afraid I'd hurt him, but 1 didn't think it was so bad as that." I told the prisoner his position and who I was, and that all he said might be used against him. He told me that he had found the man there, and had turned him out. He had gone up to the Borough Hotel, and, on coming back, had found the man again there, and had put him out. Afterwards the man came knocking at the front door, and he told me that lie took up a tool that was lying on the table, and was so worried that he had run it into him.

Cross-examined by Mr Joynt—The prisoner 6eemed quite cool at the time he told me that he had run the tool into the man. He also told me that he was afraid he had hurt him. He partly explained to me by gesticulation, and the impression left on my mindfrom this was that he had poked it into him.

James McCracken deposed that on the night of the 2lst of July last he was in St. Asaph street, about 11 p.m. When passing the house occupied by prisoner there was a man and woman in conversation on the sidewalk. The woman was Elizabeth Lynch, the man witness did not notice. "Witness passed between them and the man i;ame towards witness and said he wanted to speak to him. Witness did not stay, but went right on into the house where ho was stopping. He did not see what he had in his hand, but it glittered in the light. Henry Joseph Milson deposed that on r thc 21st July, shortly after 11 p.m., he saw two persons struggling on the footpath. They were a man and woman. A few yards before witness came to them the man broke away from the woman. He rushed past witness in the direction of Barrett's Hotel. When witness came up to the woman she was crying and screaming. She said her husband had left her and she did not know what she should do. Witness put the woman inside the house, and then he saw a man not the prisoner standing inside the house. This witness was cross-examined at some length by Mr Joynt, but nothing new was elicited. Dr. Collins, house surgeon at the hospital, gave evidence as to the admission of the deceased into the hospital, the treatment pursued, the character of the wound, and the result of the post-mortem examination. [Left sitting.]