SUPREME COURT.

Globe, Volume XXIII, Issue 2140, 4 January 1881, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Monday, Januaby 3. [Before his Honor Mr Juotice Johnston.] The following cases were heard yesterday after we went to press : LABCRNY IN A BWBIIINO. ■William Smith pleaded “ Guilty ” to a charge of larceny from the dwelling house of one Charles Moodio Ward, in Lyttelton. The prisoner aokod that the prosecutor should be called to prove that some things alleged to have been found in his box had boon given up to the prosecutor. His Honor said that the prisoner having pleaded “ Guilty ” to stealing from a dwelling, the question he wanted to ask could not iu any way go in mitigation of puuishment. The prisoner was sentenced to eighteen months’ imprisonment with hard labor, BUBGLABY, James Robinson, alias Pearce, pleaded “ Guilty ” to two charges of burglariously entering a dwelling house and stealing therefrom.

Detective Thomas Neil gave the prisoner a bad character. His Honor sentenced the prisoner to penal servitude for three years on each of too charges, to run concurrently, or three years in oil. The Crown Prosecutor entered a nolle V r p m aequi as regarded Matthew McOallum, who was indicted with the prisoner. MARINO A FALBB DBCLABATION. John Chute Neligau, alias John Walsh, pleaded guilty to a charge of making a false declaration before a Justice of the Peace. Hie Honor asked what statute made it necessary to make a declaration under the Post Ofliee Savings’ Bank Act, and made the making a false one an offence. Ho had looked through the Post Office Savings Bank Act, but found no provision of the kind. Mr Duncan said it was not necessary to prove this. Any declaration, if made falsely, laid the declarer open to punishment. His Honor said this view of the somewhat staggered him. He would take time to consider the matter. The prisoner might stand down for the present. FOBOBBY AND UTTBBING. William Henry Hewison pleaded guilty to a charge of forging a cheque ou the Bank of New' Zealand for £6, and uttering the same. His Honor sentenced the prisoner to eighteen months’ imprisonment with hard laoor. LABCBNY raoit A DWELLING-. Robert Grant pleaded guilty to a charge of larceny of £ls from a dwelling in Sydenham. His Honor sentenced the prisoner to twelve monthe’ imprisonment with hard labor. FOBQBBY AND UTTBBINS. Herman Cooper was indicted for having forged and uttered a cheque for £l3 4s on the Bank of New Zealand, Rakaia. The prisoner, who was undefended, pleaded *' Not guilty.” Mr Duncan prosecuted on behalf of the Crown.

The cage was one of the ordinary nature. The prisoner bought some goods at a store and presented the cheque in payment, which was cashed and afterwards found to bo a forgery. Mr Duncan led evidence in support of the case. The prisoner made a statement to the effect that he picked up the cheque and got it cashed. The jury found the prisoner “ Guilty.” His Honor sentenced the prisoner to eighteen calendar months’ imprisonment with hard labor. BBSAKING INTO A SHOP. Alfred Forest was indicted for having broken into a shop adjoining and connected with the dwelling-houso of Wm. Hillyard at Dyttelton on the 10th November. The prisoner pleaded "Not guilty,” and was defended by Mr J. Joyce. The case for the Crown was that a witness named Mary Ann Kay saw the prisoner getting in through the (window of Hillyard’s premises about 5 am, on November 10th. She gave the alarm, and the prisoner ran off. Mr Duncan led evidence in support of the ease. Mr Joyce addressed the jury, and they returned a verdict of “ Not Guilty,” after a short consultation. UNIi AW PULPY WOUNDING. Charles Johnson was charged with unlawfully wounding Mathew Charles Sheppard on the 11th October,

The prisoner, who was defended by Mr Joyce, pleaded Not Guilty. The case for the prosecution was that the prisoner had been drinking at the White Marl Hotel on the night in question, and had been expelled. He returned, and broke in the door. Ho was again expelled by the prosecutor, and then it was that the alleged stabbing took place. Mr Joyce having addressed the jury for the defence, His Honor summed up shortly. The jury, after a long consultation, informed his Honor that they were not satisfied as to the knife being owned by the prisoner. His Honor pointed out that it did not matter to whom the knife belonged. According to the evidence it was seen to fall from the hand of the prisoner after the blow was struck.

The jury returned a verdict of " Guilty,” but under great provocation. His Honor said ho could not understand the verdict at all. The prisoner broke open the door of the hotel three times, and yet the jury said that he used the knife under great provocation. The Foreman explained that the jury meant that it was great provocation for Sheppard to follow the prisoner into the street. Hie Honor said he would consider the matter. If he could accord it with the facts of the case, ho might give weight to the verdict. He would sentence the prisoner the next morning. DEFAULTING JUBOBS. The following common jurors were fined 40s for non-attendance unless cause shown : Messrs Joseph Palmer and James Bell. TRUE BILLS. During the day the Grand Jury returned true bills in tbs following cases : —Begina v Charlotte Scarborough and Charlotte Wright, assault with intent to do bodily harm. Begina v Wm. Smith, larceny. Begina v. Matthew M'Collum, alias Smith and James Bobinson, alias Pearce, burglary (two indictments.) Beginav John Chute Neligan, alias John Wslah, making a false declaration to a justice. Begina t Charles Johnston, unlawfully wounding. Begina v Wm. Henry Hewison, forgery and uttering. Begina v Alfred Forest, breaking and entering a shop. Begina v Bobert Grant larceny. Begina v Hermann Cooper, forgery and uttering. Begina v George Norrie, indecent assault. Begina vH. F, Evans, indecent assault. Begina v Peter Hayland, escape from legal custody. Begina v Pouhipi Waikena, horsestealing. Begina v Sarah Brimmioombo, concealment of birth The Court then adjourned at 6.30 p.m. to 10 a.m. this day.

Tuesday, Januaby 4. ] [Before hi* Honor Mr Justice Johnston.] Tho Court ro-oponed at 10 a.m. * MAKING A PALBB DECLARATION. 1 Hi* Honor enquired under what Act Mr ] Duncan made the declaration alleged to have been falsely made by John Chute Nelligan, a misdemeanor. [His Honor quoted a case Bogina v Boynes, ns applying to the subject, and also a case decided by Byles, J.] The prisoner was not defended by counsel, and it was tho duty of the Court where there was a point in law which would have been successful hod he been defended to point it out. He would draw Mr Duncan’s attention to the form of tho original declaration. It simply aaid, "I declare that I did,” and there was nothing at all os to'‘deposit.” It was not mentioned at all, so that there was no value whatever in tho declaration. Could a proceeding lie as regarded a declaration which had no force whatever ? Ho was not prepared to say that the declaration would not have held water under section 18. Mr Duncan said he desired to point out that the words “I did lodge ” occurred in the declaration, this wont on to refer to the lodgment of a sum of money in the Post Office Savings Bank. This was the false declaration charged, as the prisoner, it wbs alleged, never deposited any money, as stated. His Honor said that ho would take further time to consider tho point. lETTEB9 TO TUB JUDGE. His Honor said ho desired to call attention to the reprehensible practice which obtained here of sending letters to tho Judge on tho subject of cases before the Court. Ho had received two, and ho must take the opportunity of saying once more how reprehensible this practice was. UNLAWFULLY WOUNDING. Charles Johnston was brought up for antonoo. Mr Joyce called

Constable Brooks, who gave the prisoner a good character. His Honor, after referring in strong terms to the necessity of putting down the use of the knife with a strong hand, sentenced the prisoner to six months’ imprisonment with ' hard labor. foeobby and uttbeino. Samuel Mayfield was indicted for having on , the 24th November last forged an endorsement on a bill of exchange for £l3 la. The same prisoner was also charged on a second 1 count with having forged a second bill of exchange for £lO. The prisoner pleaded “ Guilty ” to both charges. His Honor sentenced the prisoner to imprisonment for two years with hard labor. CONCEALMENT OP BIBTH. Sarah Brimmicombe pleaded “ Guilty ” to a charge of concealment of birth. The mother of the prisoner was called, and in answer to questions from His Honor, said that she knew nothing of the fact of the prisoner being pregnant. His Honor said he wished it publicly to he understood that in cases lik- this the parents were responsible. Ho said both in Court and out of Court, that the young women of the period required far more parental control than was exercised. Many a young woman fell into bad habits from the gross neglect of her parents. 1 In response to a question from his Honor, Mr Beaton said there were three divisions ia Addington Gaol, which would enable the prisoner to be kept separate from felons. His Honor said it was fortunate for the prisoner that the medical evidence was such that she was not there to be tried for murder, as there was no doubt that she meant to get rid of the child by some means. If the man , who had led the prisoner into the commission i of this great crime could hear what he (the Judge) was saying, his conscience < must tell him of the great wickedness i he had committed. They could not, it was ( t:.-ue, reach him by the justice of man, but l there was one who would surely punish him j in His own good time. He should sentence ( tlie prisoner to six months’ imprisonment j with hard labour, and he was glad to find i that the arrangements of the gaol at Adding- < ton were such as to enable the prisoner to be e kept separate from the felons. I

INDECENT ASSAULT. George Norrie was indicted for this offence. Mr Stringer defended the prisoner, who pleaded not guilty. After hearing the evidence, the jury returned a vercict of “ Not guilty.” HOBSB-STEALING AND PEIBON BEEACH. Peter Hagland was indicted for having stolen a horse, the property of Mr Thomas Macintosh, Pigeon Bay, and also for having broken out of the gaol at Akaroa. The prisoner pleaded “Guilty” to the charge of prison breach, but “ Not guilty ” to that of horse stealing. The case for the Crown was that the prosecutor had a mare running in a paddock at Decanter Bay. Subsequently the mare was found in the possession of the prisoner, who attempted to sell the mare at Christchurch, subsequently succeeding in doing so for £l2. The jury returned a verdict of “Guilty.” His Honor sentenced the prisoner to two years’ imprisonment, with hard labor, on the charge of horse stealing; and to six months’ imprisonment for prison breaking, the latter to take effect after the former. INDECBNT ASSAULT. H. E. Evans was charged with this offence. Mr Joyce appeared for the prisoner. The jury, after a short consultation, returned a verdict of 11 Guilty.” On a second charge the prisoner, by advice of his counsel, pleaded “ Guilty.” His Honor, after regretting that he was not able to order the prisoner to bo publicly flogged, as the ease was the worst he had ever heard of in his experience, sentenced him to four years’ penal servitude. HOBSB STEALING. Pouhipi Waikena was charged with this offence. Mr Gresson appeared for the prisoner, who pleaded " Not Guilty.” Mr J. W. Do Blois was sworn as interpreter. The jury, after hearing the evidence, returned a verdict of “Not Guilty,” on the ground of insanity. His Honor ordered the prisoner to be detained in Addington gaol during the pleasure of the Colonial Secretary. MAKING A FALSE DECLABATION. J. O. Nelligan was brought up for sentence. His Honor said this was, be had discovered, an offence at common law, and he should sentence the prisoner to six months’ imprisonment with hard labour. NO BILL. In the case of Wm. Elutey, forgery, the Grand Jury returned no bill. The Court adjousned to 10 a.m. to-morrow, when the Chatham Island murder case will lie taken.