SUPREME COURT.

Globe, Volume IX, Issue 1259, 1 April 1878, Page 2

SUPREME COURT.

IST CHAMBERS. [Before liis Honor Mr Justice Williams.] Ilia Honor sat in the Court Chambers at 11 u.m. BE BENJAMIN QUINDON. Mr George Harper in this case obtained an order for leave to register probate therein, instead of the will. RANKIN A r . NORWICH UNION INSURANCE COMPANY. In this case Mr Joynt applied on behalf of Mr Thomas for a postponement of the case, in order to allow plaintiff to file an affidavit. Order; Plaintiff to have order served on him giving notice that unless he pleads within three days the aption will be dismissed. Plaintiff to pay costs of present application. RE PATRICK O’BRIEN. On the application of Mr H. N. Raider, his Honor granted the discharge of the debtor. EE WILL OF. THOMAS M'CULLOUGH, DECEASED. Mr George Harper applied herein for probate to issue to the executrix named. His Honor made the order. GOVERNMENT INSURANCE ACT 1874 AND RE A. G. BARSHAM, DECEASED. Mr Duncan applied for an order appointing the widow trustee to receive the money payable to her by the Government under the policy. His Honor made the order as prayed. BE WILD OP AUGUSTE WILLIAM MEYER, DECEASED. On the application of Mr Duncan, his Honor granted letters of administration to the widow as executrix. be w. h. miller. Mr Deacon applied for an order to issue a summons to have the debtor examined before the Court, as to the nature and extent ot his r ilis lt ‘Honor~--Why <ip you some to the

Court at all ? The trustee has power under the Act to do all you want. Mr Deacon —Yes, your Honor, but the trustee has endeavored to examine the debtor, and has not been able to get the information. If the debtor is before the Court wo shall be able to get important information as to the disposition of bis property. His Honor —Well, under the circumstances, Mr Deacon, I will make t he order, but it must be distinctly understood in future that before coming to the Court for such an order the trustee shall do what be can to get the information from the debtor. Order made as prayed. GOVERNMENT INSURANCE ACT AND EE RODOLPH NKILSON, DECEASED. Qn the application of Mr Duncan, his Honor made an order appointing the widow as trustee to receive the money due under the policy of insurance from the Government. EK DEED OF CONVEYANCE OF HENRY CAIN. Mr Deacon applied for the substitution of Henry Cain as trustee in this matter in place of F. W. Stubbs, who bad resigned. After some argument, his Honor made an order for the appointment of H. Cain as trustee as prayed under 32nd section Trustee Act, and for a vesting order of the land under the 34th and 35bh sections of the same Act. WILL OF JOHN EVANS PEPPEEELL, DECEASED. Mr Bamford applied herein for leave to issue probate to the executors named in the will. His Honor made the order. GOODS OF WILLIAM HARRISON, DECEASED. On the application of Mr Bamford, an order was made herein granting letters of administration to the widow. ESTATE OF WILLIAM SWALE, DECEASED INTESTATE. On the motion of Mr Joynt, his Honor made an order granting letters of administration to the mother of the deceased, and moderating the bond to £6OO. ESTATE OF JANE PIXLEY, DECEASED INTESTATE. On the motion of Mr Joynt, an order was made granting letters of administration to Elizabeth Longden, step-sister of deceased, WILL OF CHARLES ALBERT HICKS, DECEASED. Mr Joynt applied for probate to executors named herein. His Honor made the order. GOODS OF DAVID HAVERFIELD, DECEASED INTESTATE. On the application of Mr Deacon, his Honor made an order granting letters of administration to the widow. BE GRACE ELLIOT HUNT, AN INFANT. On the application of Mr O. Harper, his Honor granted a rule 'nisi calling on John Hunt to show cause why a writ of habeas corpus should not issue calling upon him to produce the body of the infant. Order made : rule nisi to issue, returnable next banco sittings, calling on John Hunt to show cause why writ of habeas should not issue. The Court then rose. CRIMINAL SESSIONS. Monday, April 1. [Before Ilis Honor Mr Justice Williams.] '1 he April criminal session of the Supreme Court opened at 10 a.m. The following gentlemen were sworn as the Grand Jury Messrs T. M. Kassal, W. H. Simms, W. H. Pilliet, W. B. Ann son, G. L. Lee, W. Day, E.B. Harley, W. G. Button, jun., J. S. M. Jacobson, John Deans, H. Y. Anson, W. M. Bell, J. D. Macpherson, R. Townsend, L. E. Nathan, B, W. Monntfort, F. Pavitt, R. P. Holderness, Chas. D’Auvergnc, J. O. M‘Dowell, A. Pyne, W. Yino, Jasper Pyne O’Callaghau, Dr. Julius von Haast. Mr G. L. Lee was cao'cn foreman of the Grand Jury. Hie Honor’s Charge. His Honor then proceeded to deliver his Charge, and then dismissed the Grand Jury to their labors. Forgery. John Jackson, alias Ellis, was indicted for having on the Sth January for.ed and uttered a cheque for £ls, purporting to bo drawn on the Bank of New Zealand, Ashburton. The prisoner, who was undefended, pleaded guilty His Honor sa’d he would pass sentence at a later stage of the proceedings. Forgery. The same prisoner, under ano her name and several aliases, was indicted for having forged and uttered a cheque for £2O, purporting to be drawn on the Bank of New Zealand, Christchurch. The prisoner also pleaded guilty to this charge, and was remanded for sentence. LARCENY FROM THE PERSON. Ellen Fitzgerald was indicted for having on the 7th January stolen £1 from the person of one John McViear. The prisoner said that she would plead guilty to stealing £3 from the prosecutor. She was not guilty of the offence as charged of stealing £4. She had taken £1 and £2 from the prosecutor, and would plead guilty. The prisoner went into a lengthened and rambling statement, which lasted for a long time. John Mitchell Walker, detective constable, stationed at Christchurch, deposed to the prisoner being previously convicted of larceny of meat from a butcher's shop. There was no other conviction against the prisoner. Bis Honor sentenced the prisoner to six mouths’ imprisonment, with hard labor. FORGERY AND UTTFRINQ. Henry Richardson was indicted for having on the Uth February forged and uttered a cheque for £7 10s, purporting to be drawn on the Bank of New .South Wales, Christchurch. _ Mr Izard appeared for the prisoner, who pleaded “ Guilty.” FORGERY AND UTTERING. The same prisoner was then indicted on a similar charge of forging a cheque for £5 10s on the Bank of New South Wales, Christchurch. Mr Izard appeared for the prisoner, who pleaded “ Guilty ” to this charge also. Mr Izard called the following evidence as to character: Frederick H. Brittan deposed that the prisoner brought a letter of introduction to him from a gentleman in Ireland, stating that prisoner would make a desirable colonist* The prisoner went as a cadet to Mr Neeve’s station, and afterwards came back to Christchurch. The prisoner was unable to get work after leaving Mr Neeve’s station. His Honor said that be would pass sentence on the prisoner at a later stage of the proceedings. larceny in a dwelling. Robei’t W. Jones was indicted for stealing a purse and money to the value of £l7, the pro? perty of one A. Stevenson, The prisoner, who was undefended, pleaded “ Guilty.” C- nstable John Briggs deposed to the prisoner being convicted at Christchurch in 1b76 of larceny. In September, 1877 he received three months for vagrancy. The prisoner said that bo had been in pris.on for nearly three months, and had been working dating that thpe. He also wished to bring before His Honor the fact that the prosecutor did not wish to press the charge, and also that he (the prisoner), as an atonement for what he bad done, desired to hand over to the prosecutor the amount ho had lost through his misdeeds, _ His Honor said the offence which the prisoner had pleaded guilty of was a very deliberate theft, besides which the prisoner had been twice convicted before. He would be sentenced to eighteen months’ imprisonment with bard labor. manslaughter. John Levett was indicted for having on the 7th February feloniously killed one Henry Thomasson. The prisoner, who was defended by Mr Izard, pleaded “ Not Guilty.” The prisoner was then indicted on the coroner s jury verdict, and pleaded “ Not Guilty.” Mr Duncan prosecuted on behalf of the Crown. Mr J. G. Garforth was chosen foreman of tqe jury. The facts set forth by the Crown were that the prisoner aud the deceased were fighting at Sonthbridgo on the 7th February last. The prisoner and the decea cd were v orkiug together on a farm, aud got into a fight in which deceased was knocked down two or three times. The last time the deceased was knocked down by prisoner ho did not rise, and on going to look at him those present found t! at ho was dead. The prisoner than gave himself up to the police, David Campbell was called by Mr Duncan, and had to be repeatedly cautioned by his Honor as to the way in which he was giving hi?, evidence. This was given in such a way as in cause bis Hou v to threaten to send the witness to gaol for refusing to answer the questions put to hjm by Mr Duncan. He then detailed the circumstances of the fight between the prisoner and deceased. Edward Butler deposed tp seeing prisoner and deceased fighting on the date mentioned, and also to seeing the deceased fall after receiving a blow from the prisoner; after which the former did net rise again. On examination they found that Thomasson was dead.

Walter Spring deposed to the prisoner coming to his house at Southbridge and telling him that something very important had occurred, and asked him to bring the sergeant of police there, which he did, and prisoner gave himself up. Sergeant Barlow, stationed at Leeston, deposed to the prisoner giving himself up to him, and making a statement to him to the effect that deceased and himself had had a fight; that he had knocked deceased down, and he had not risen again.

H. H. Chapman, a duly registered medical practitioner, deposed to making a post mortem examination of the body of the deceased Thomasson, the result of which was that he came to the conclusion that the cause of death was concussion or contusion of the brain. There were the marks of blow's on the forehead of deceased. The blows spoken of by the witnesses would account for the death of the deceased.

By His Honor—The upper and under surface of the brain was injured. The injuries to the brain w'ere caused by external violence. This closed the case for the Crown. Mr Izard addressed the jury on behalf of the prisoner, contending that it was pure accident, and there was no evidence at all of malice on the part of the prisoner towards the deceased. His Honor summed up shortly, pointing out to the jury that the evidence plainly showed that the case was <,ne of accident. At the same time the prisoner, having admitted by his counsel that he killed the man, and all the evidence leading up to the same result, the jury could return no ether verdict than guilty. In this case, however, he felt that the only sentence he should pass would be that the prisoner enter into recognisances to come up for judgment when called on. He supposed the Crown did not wish anything further than this. The jury, after a short retirement, returned a verdict of “ Guilty,” with a recommendation to mercy. _ His Honor ordered the prisoner to enter into his own recognisances in the sum of .£25 to receive judgment when called upon. [Left sitting.]