SUPREME COURT.

Globe, Volume XXIII, Issue 2217, 4 April 1881, Page 2

SUPREME COURT.

CHIMIN L SITIINGS. This Day. (Before His Honor Mr Justice Johnston.) The quarterly sitting of the Supreme Court, in its criminal jur'-idiotion, opened at 11 a.m.

The following gontlemen were now sworn in as the grand jury, viz.:—Messrs J. C. Boys, J. Beaumont, H. B. Webb, T. J. Maling, J. E. Brown, W. Chrystal, J. N. Toss will, A. Cuff, A. F. Temple, J. Hurse, J. L. Coster, Isaac Wilson, H. P. MurrayAysley, H. H. Hennah, O. T. lok, George Tayler, W. J. Oliver, H. O. Young, E. M. Templer, John Webster, G. P. Williams.

Mr H. K. Webb was chosen foreman ©f the grand jury. His Honor then proceeded to deliver the usual charge to the Grand Jul/. He said he had to congratulate the Grand Jury on the comparative lightness of the calendar so far as the number of cases were concerned. With regard to the calendar, there was nothing in it to warrant the idea that there had been any growth of crime generally, the majority of oases for taial being those of individual reoklessness, the tendency to which appeared some what rife. There was, he was glad to be able to say, no indications that the cases into which the Grand Jury were that day to enquire were the result of the depression whioh it was notorious had prevailed throughout the colony. So far as could be seen, the calendar did not show that the want of employment which bad been experienced in any way contributed to the commission of the crimes allege 1. Out of the twelve cases on the calendar, there were thi ee or four which arose from indulgence fn individual recklessness, which they must all deplore. There was, it was true, one case of a very serious nature, almost amounting to murder. This was a charge against a man named John Beaufield for shooting at another man named Spring. His Honor then proceeded to refer to the various cases in the calendar. With regard to at least two of the cases whioh would come before them, he might tell them that they, as a tribunal of prima facie enquiry, had nothing whatever to do with the plea of insanity. That must be raised afterwards. Briefly His Honor having referred to the cases in the calendar, dismissed the Grand Jury to their duties, with the hope that the session would be a short one. The Grand Jury then retired to consider the bills laid before them by the Orown Prosecutor. DEFAULTING JtTBOES. Messrs O. P. Oox, S. Willey, S. Hackett, F. Barnes, and Charles Newton were each fined 40i, unless cause shown. His Honor explained that this 40s did not clear the defaulting juror for the whole of the session, but he was liable to it every lime his name was called. TOEAWFUXLY PAWNING. Daniel James Philips was indicted for having, on the 13th February, pawned wii.h one Samuel Stewart a gold chain, the property of Marah Roberts without her consent. The prisoner, who was undefended, pleaded " Guilty." His Honor examined the prosecutrix at some length as to the previous character of the prisoner, and as to the length of time he had been in her service.

The prosecutrix gave the prisoner an excel* lent character, and detailed the circumstanced connected Kith tho matter. The witness said the prosecution was instituted without her consent. The examination of this witness was most amusing. His Honor asked the witness whether she was a widow, which eho denied. After a while, however, the witness made use of the term applied to herself of " widow lady." On this His Honor reminded the witness that she had denied the soft impeachment of " widowhood." The witnoßß replied that she had so often been called " a grass widow " that she had got into tho habit of regarding herself as such. His Honor enquired the definition of the term, and the witness replied that she was unaware of it, but believed it to be " one of your New Zealand terms." Hiß Honor said he thought it came from India. Hereupon the witness, mistaking tho remark and applying it to the placo of her birth, said : " No, your Honor, I was born in Finsbury square ; " elioiting roars of laughter. His Honor explained the mistake, and tho witness capped it by exclaiming in an irresistibly comic tone, " Tour Honor is very funny this morning," evoking another burst of laughter. Ultimately his Honor, addressing Air Duncan, said that he did not consider this a case for severe punishment, considering that the prosecutrix had stated that she did not regard the prisoner in the light of a servant. Mr Duncan agreed with his Honor. His Honor, after remarking upon the extreme foolishness of the prisoner, sentenced him to be imprisoned for one day. LABOBHX - . Maurice Filzpatrick was indicted for having on the 2S;h March stolen one bank note, a pocket-book and other property from the person of Edward Thomas.

The prisoner, who was undefended, pleaded "Not puilty." Mr Duncan prosecuted on behalf of the Crown.

The case for the prosecution was that the prosecutor on the night in question was at the Central Hotel, Ashburton. A dispute arose between himself and another man, and they adjourned to the yard of the hotel to decide the dispute by the ordeal of battle. The prosecutor took off his coat, in which was the properly subsequently lost, and laid it down in the yard, where the prisoner was present. After a quarter of an hour's unsuccessful attempt to get off the battle, the prosecutor resumed his coat. Next ir.orning he missed his pocket book atd the bai k note, which was for £2O. The prisoner waa traced an huving given a £2O note to the oleik ut the railway station at Ashburlon. Oa being questioned from whom he had received the £2O note, he said that Mr Moffat h.*d given it him. On enquiry this was proved to bo lalee, :io Mr Moffat had only g;vi :i him a £1 note and half a sovereign. E\idor,co was led by the Crown to prcvo theee facte, the principal point being that the prisoner in the early part of tho day in which Iho money had been lost had no money to pay for his drinks, whilst shortly after eight o'clock the same night ho showed a £2O F.ote to I he barman at the Somerset Hotel.

The prisoner, in dofence, said that ho had got a £2O note by mistake, and had the note with him all the time. He pointed out that tho note produced could not be identified as being the one lost by Thomas. The jury, after a short consultation, brought it: a verdict of "Guilty." Sergeant Felt on gave evidence as to the

dunking habits of the prisoner, who, he said, was generally regarded as a silly weak man, Mr Moffat gave the prisoner a good character when sober.

His Honor,, after remarking upon the temptation afforded by the somewhat reckless manner in which the prosecutor had thrown his money about, sentenced the prisoner to sir months' imprisonment with hard labor.'JJJ

LABCBNY TS A DWELLING. Edward Langmore was indicted for having stolen a cash box from the premises of Charles Deal ut the Eothorfield Hotel.

The prisoner, who was undefended, pleaded guilty, and said that the cause of the crime was that he ha-1 been drinking, and was stupefied with drink at the lime he committed it. Some temptation suddenly seized him when he saw the prosecutor put the £1 note in the box, and he stole the cash-box. His Honor sentenced the prisoner to one year's imprisonment with hard labour. LABCBNY FROST THE PEBSON. George Douglas was indicted for having, on ' the 13th of January, stolen money of the value of £2O from the person of Froderiek Neil. * The prisoner pleaded not guilty and was undefended. [Mr George Terrell, a juror, being absent on the Court resuming, was fined 40s.] The case for the prosecution was that the prosecutor, in presence of the prisoner, changed a £lO cote, and that he afterwards fell asleep in the Ashburton Hotel. The money received by the prosecutor in change was subsequently missed by the prosecutor, the prisoner naving been seen at the Ashburton Hotel at the time the prosecutor was there. Subsequently the prisoner got into a row with some woman, and the police having been called in he was searched and money found concealed in his socke, though previously on the same day it was known that he had no money. Evidence was led Vy Mr Duncan in support of the case for the prosecution. Tho prisoner had nothing to say. His Honor having briefly summed up, The jury, after a short consultation, returned a verdict of " Guilty." Detective Thomas Neil gave evidenoe of (.he conviction of the prisoner at tho Supreme Court, Dunedin, in 1879, for robbery from the person, when he received a sentence of three months. The prisoner was under police supervision for some time, and w<?> the associate of thieves of the worst possible type. The prisoner was a very dangerous character. His Honor sentenced the prisoner to penal servitude for three years, remarking that Ho had already been convicted of the same offence before, and that a light sentence had had no effect upon him. DEFAULTING JETBOB, At a later stage George Terrell attended to excuse himself for non-attendance after the adjournment. His Honor remitted the fine of 40s, but ordered that the juror's expenses for the day should not be paid. [ Left sitting.]