SUPREME COURT.

Globe, Volume XXI, Issue 1682, 11 July 1879, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Thursday, July 10. [Before His Honor Judge Johnston.] The case of Prank Lewis, charged with arson, ••Was completed yesterday after we went to press. His Honor, at 3.20 p.m., procesded to sum t up the ease. The jury retired to consider their verdict at 4.15 p.m. At 6 30 p.m. they returned into Court with a verdict of 11 Not Guilty.” There was a very loud manifestation of applause when the verdict wss returned. i His Honor expres.od his strong disapproval i ef th-. indecent exhibition of popular feeling. If the officers could discover any one who hud been concerned in such an indecent exhibition, , he would commit him for contempt of Court. The prisoner was then discharged. FALSE PRETENCES. , Edward Dil on was indicted for having, on i 22nd November last, obtained the sum of .£75 I ' from George Gatonby Stead, on the false pre- - • tence that he was the owner of a farm of 110 ] acres,, at Amberley; also, that he was the owner of a draught entire, named Black Douglas, by , means of which false pretences the prisoner ob- , tained a cheque for .£75. Mr-Jojnt appeared to defend the prisoner. Mr Duncan appeared to prosecute for the j Crown, and having stated the case, called the ] following evidence:— George Gatonby Stead deposed that he was a member of the • firm of Royse, Stead and Co. i On the 2iid November, the prisoner applied for i an advance of £75. .Prisoner stated that ha , owned a farm section, No. 7359, at Amberley, , containing 110 acres of land worth .£ls per acre, which was- mortgaged to Hanmer and Harper j for £3GO, this being the only encumbrance. He stated he also owned a pure bred draught entire, called “ Bla-k Douglas.” Witness knew that a horse entered in the name of B. Dillon ‘ named ‘‘Black Douglas,” took second prize at < the Baugiora show, where witness was a judge. Witness believed the statement of prisoner, and ■ grave him a cheque for £75 on the Union Bank of Australia. The cheque produced was the one. I Cross-examined by Mr J oynt Prisoner told mo that 'he had sixty acres of oats , sown. He gave mo an agricultural lion over the oats. Witness would not have advanced the j money without the lien had been given to him by the prisoner, nor would he hive advanced the ' money on the lien without the statements made. - He took no security over the horse, nor did he 3 ask prisoner whether he would sell it. (Vitneas < made enquiries as to whether Hanmer and i Harper bad advanced £3GO on the land to j Edward Dillon, and the reply was in the affirms- , tive. 1 his was before the prisoner received the ( money from witness. On the general account . prisoner paid £53 to the firm, leaving £157, which he still owed. - Edward Denham deposed to being registrar of deeds, and produced deed of conveyance from Edward Dillon to Dennis Dillcn, dated 12th i Hay, 1879. [Produced.] i Mr Duncan said ha produced the deed to show i that, though no conveyance had been executed, there was a recital in the deed that the conveyance to Dennis Dillon should take effect from 7th May, 1873, though, as stated no instru- , meat had been prepared. His Honor asked Mr D ancon how he was going to get ever the inference that the land 1 still belonged to the prisoner at the time of the interview with Mr Stead. However, that was a 1 matter for consideration later on. Dennis Dibon deposed that in May, 1878, the prisoner sold him the farm in question, and on 15th October. 1878, witness bought the entire horse Black Douglas from prisoner. Prisoner i had not, to witness’s knowledge, any other farm. After witness'bought the farm the prisoner continued to occupy it. Cross-examined by Mr Joynt—The £l2O which was in consideration for prisoner selling me the farm, had been owing to him for four i years. We purposely abstained from having i deeds, because the .prisoner was to hold the farm and to crop it, so long as he paid the money up. There was also an agreement that he was to be at libeity to raise another £250 on the land, if witness could -not lend it to him. Witness could not lend him the money, and he knew that prisoner had mortgaged the laud to raise the £250. The horse remained with the prisoner. The horse brought £OO by auction. _ The horse was bred by prisoner and sold to witness when he was about three years old. Mr Stead, re-examined by Mr Joynt—ln December our firm took a security over cattle by means of sale note to cover further advances. Alfred Thompson produced a deed of mortgage between Edward Oillon and George Packe, dated 2Gth March, 1871, for £3OO over the farm of Dillon. Thomas Papperill deposed that clients of Messrs Hanmer and Harper had advanced on I-lth May, 1878, £100; 25th November, 1878, £l5O, which appeared as a further ch irge on the ■ mo.tgage from Dillon to Packe. This closed the case for the Crown Mr Joynt called no evidence, and Mr Duncan addressed the jury briefly. Mr Joynt contended that there was no case to go to the jury, and jiroceeded to address the jury. His Honor summed up. and the jury, without leaving the box, returned a verdict of “ Guilty.” His Honor raid th it while it was svrong commercially to commit inch a crime, it svas a matter for consideration whether the prisoner was a stupid man led on by the false position in which his brother had allowed him to stand by mortgaging the property ns his own, or a criminal one. He should impose a slight sentence, treating the offence as a first one, which would be that the prisoner bo imprisoned in the common gaol at Lyttelton for six calendar months with hard labor. The prisoner a rid ho had a wife, who would be left totally without support. His Honor said that unfortunately this was a very common case. lie was very sorry for the prisoner’s wife, but ho could do nothing. The prisoner was then removed The Court then adjourned to the 14th instant, when the civil business will be taken.