SUPREME COURT.

Globe, Volume IX, Issue 1261, 3 April 1878, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. Tuesday, April 2. [Before His Honor Mr Justice Williams.] The following cases were heard after we went I to preys yesterday : INDECENT ASSAULT. Charles McGainigla was indicted for having j indecently assaulted one Edith Allsop, a child of | tender years, on the 4th of March. The prisoner, who was defended by Mr H. H. Loughnan, pleaded " Not guilty." i The evidence is of course unfit for publication. The jury, after a lengthened deliberation, reiurned a verdict of " Guilty," with a strong j recommendation to mercy on account of the youth of the prisoner. His Honor—l shall have very great pleasure, Mr Foreman, in carrying out your recommendation In this case I shall not inflict the punishment of whipping, the power to order which in cases of assault upon children the Legislature has placed in my hands. I will not order the : punishment of whipping, and will consider what term of imprisonment will meet the circumstances of the case. I will defer passing sentence I until a later stage. FORGERY AND UTTERING. Robert Macfarlane, junior, was indicted for i having forged and uttered a cheque for 13 10s in the name of Robert Macfarlane, senior. The ; prisoner was further indicted with forging a similar cheque for £9 10s ; and also on a third •count for having forged a cheque for .£7. In the fourth case Mr Duncan entered a nolle prosequi, and the jury etnpannelled returned a verdict of "Not Guilty," under d'rection of ihis Honor, Mr Duncan leading no evidence. On the cases upon which he had pleaded ** Guilty," the prisoner was remanded for Sentence. rape. Jtawiri Pape, an aboriginal Native, was indicted for having committed a rape upon one Mary Pori. The Rev. J. W. Stack was sworn as interpreter. The prisoner, who was undefended, pleaded "Not Guilty." The evidence given is unfit for publication. Mr Duncan "prosecuted on behalf of the Crown, and called evidence in support of the charge. The jury, after a short retirement, returned a verdict of " Not Guilty." STEALING IN A DWELLING. George Stevens was indicted for having on the 30th December last stolen a quantity of watches, rings, necklets, &c, the property of S. H. Stewart. The prisoner, who was undefended, pleaded "Guilty." His Honor remanded the prisoner for sentence. TRUE BILLS. During the day the Grand Jury returned true bills in the cases of L'ejrina v Heniy Clark, attempt to commit a felony, Regina v Charlea Smith, larceny; Eesina v Riordan, larceny from a dwelling; Regina v A. J. Tun ball, forgery and uttering ; Regina v John Simmons, forgery aud utteung. 'ibis concluded the bills presented by the. Crown Prosecutor, and the Grand Jury were discharged without making any presentment. Wednesday, April 3. The sittings of the Court were resumed at 10 a.m. INDECENT assault on a child of tender YEARS. Henry Clarke was indicted for having on 10th January attempted to commit a rape on oneCharlotte Emma Allpress, a child under the age of ten years. A second count in the indictment charged the prisoner with having indecently assaulted the prosecutrix. Mr Joynt appeared for the prisoner, who pleaded Not " Guihy." Mr Joynt said before proceeding with the case he desired to draw His Honor's attention to the fact that the first count of the indictment was wrongly stated, inasmuch as the attempt was there described as a felony, whereas it was a misdemeanour. He should if necessary move an arrest of judgment on the point. His Honor agreed with Mr Joynt as to the objection. The count was wrongly stated in the indictment, unless Mr Duncan could prove that the word "feloniously" was surplusage. Mr Duncan should submit tbat the count was perfectly good without the word " feloniously," hence it was surplusage. '1 he count would be stated correctly without the use of the word, hence if the word " feloniously" was struck out, the count would still be good. Mr Joynt contended that the cases were a il against the contention of Mr Duncan.

His Honor asked Mr Joynt if he int'. n( i e( i to , move now on the defect in the indictr, en "ta Mr Joynt said he did not. He preferred to allow the matter to stand for Er^ ament until the case was concluded.

H m£?s th< ??? nt , tha < perhaps Mr Jovnt would find himself in. tow position, that he would not be able to take auvantage of the defect after verdict, because of the verdict having cured the defects.

Mr Joynt submitted not. The defect he contended was a radical one, and one which the verdict could not cure. He should also contend that the indictment was bad on the ground! that it contained counts for misdemeanour and felony. His Honor said argument might be taken on the subject after tie verdiet in arrest of judgment.

The case then proceeded, the evidence being unfit for publication

After Mr Joynt lad addressed the jury for ;he prisoner,

His Honor sumned up, and the jury returned a verdict of " Not Guilty."

LARCENY OF A WATCH. David McKie mi Henry Boss were indicted 'or having stolen a watch.

The prisoner McKie pleaded " Guilty," aai said that Boss tnew nothing of it. Mr Duncan lowever put the prisoner Boss on trial, and McKie gave evidence which resulted in the actmictal of the prisoner without the retirement of the jury. His Honor sentenced McKie to three months" iinurisoameit, with hard labor. [Left sitting.]