SUPREME COURT.

Globe, Volume XXIV, Issue 2580, 14 July 1882, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Thursday, July 13. [Before his Honor Mr Justice Williams.] Tho Court re-opened at 10 a m. SHOOTING WITH INTENT TO KILL. In tho case of W. G. Jacobs, charged with the above offence, the following evidence was t»ken yesterday after we went to press : Mr Danoan proposed to put in the depositions of Ellen Jacobs and James Seymour. Mr Holmes objected. Mr Duncan quoted sections 72 and 52 of the Justices of the Peace Act.

Mr Holmes submitted that the Crown must prove that the persona ill were those whose depositions were to be put in. He quoted Mr Justice Johnston’s “ Justice of the Peace,” vol. i. His Honor noticed that the depositions were not in the form usual here.

Mr Duncan pointed oat that they purported to be taken before two justices, and in tho presence of the accused, who had bad opportunity to cross-examine tho witnesses. His Honor said Mr Duncan must prove that the persons ill wero those who had made the depositions. Mr Bayner was recalled, but his evidence was not taken.

John Mathew Todd, carpenter in Chatham Island—Had been one of a party of three— Mr Shand, Moore and the witness—who arrested prisoner. Prisoner said he had been thinking of giving himself up. He had put his hand to his head, and muttered something, Had received a revolver from Mr Shand, and had given it to Mr Raynor, Mr Riynsr here identified Ellen Jacobs and James Seymour, now lying sick, as those who had made the depositions. The depositions were then read. That of Miss Jacobs stated that prisoner had told her that what he had done was fer hia children’s sake. She had seen her father with a revolver. When ho returned home on March Bth ha said that all the island would he after him tho next day. Prisoner had threatened, but never struck his wife. That of James Seymour stated that Mrs Jacobs had ones previously left home in consequence of quarrels. Alexander Shand, sheep farmer, corroborated the evidence given as to what took place, at prisoner’s arrest. Edward Moore gave similar evidence. William Jacobs, a son of the prisoner, deposed that the revolver produced resembled one his 'father had. Had known bis father to practice with it on trees and a sugar bag. He was present when his mother was wounded, and corroborated her statement He hoard shots fired, and his mother cry out, and then ho blew out tha lights in the room.

Cross-examined—His father had been kind to bis children, and vrituepß had never seen him strike his wife. Could not say who fired the shots ; it was a dark night. Believed prisoner was an American citizen. Dr. Samuel John Cooper deposed that on March Bth last had attended Mrs Jacobs, and found her very weak and exhausted from loss of blood. There were two wounds on tho loft breast, evidently caused by one bullet. The ball had apparently entered at the loft nipple and found an exit close to the arm pit, having glanced off one of the ribs near tho heart. Any instrument similar to the revolver produced would cause tho wound. This concluded the case for the prosecution.

For tho defence, Mr Holmes submitted that seeing the prisoner was an American citizen, tho Crown was strictly bound to prove that the offence had been committed within British territory. His Honor said there is a statute which dffiuoa the boundaries of the colony of New Zsahmd between certain degrees of latiiude and longitude, and the Chatham Islands are a portion of that colony. The objection was therefore disallowed. Mr Holmes addressed the jury. His Honor summed up.

The jury retired at 5 20 p.m , and after an absence of one hour re entered the court, and asked whether tho prisoner had purchased a revolver.

His Honor read over the evidence, and said that one of the witnesses stated that the prisoner had obtained the piatol. The jury also wished to know where the children went on the night or the 7th March. In respect to this there was no evidence. The jury then asked to be supplied with a rough plan of the premises. The rough plan drawn by Mr Eayner was supplied, aud the jury again retired. LABOBNY BBOM THE PERSON. JohnO’Oonuor was indicted, for having on May 6lh stolen a watch from Wm. Hheurd. The prisoner, who was undefended, pleaded not guilty. Mr J. 0. Martin prosecuted on behalf of the Crown. The case for the Crown was that the prisoner and prosecutor wore in an oyster saloon in Christchurch, whore the watch was lost. The prisoner, a day or two afterwards, turned up in Davis’s pawn shop, where, as it happened, Defective Benjamin was present, The prisoner was suboequsntly arrested by Detective Benjamin. Evidence was led in support of the case for the Crown. The prisoner made a statement, denying the evidence of the prosecutor. His Honor summed up, oud the jury without retiring found a verdict of “ Q-uilty.” Michael Flannoy, chief warder of Dunedin gaol, clrpoced to twelve previous convictions against the prisoner. "His Honor sentenced the prisoner to four years’ penal servitude. THB CHATHAM ISLAND OABB. At 10.45 p.m, the jury returned into Court, and having stated that there was no ohasce of agreement were locked up for the night. This Day. [Before his Honor Mr Justice Williams.] I The Court re opened at 10 o.m. TUB CHATHAM ISLAND CASH. The jury in this case came into Court and stated that they were unable to agree. li,j Honor discharged the jury, and it was i, arranged to take a fresh trial ia the afterI noon,

SENTENCES. Victor P atez, who was convicted of indecent assault <y& a child, was sentenced to four years' penal servitude, John Young, convicted of indecent assault on a woman, was sentenced to twelve months’ imprisonment and twenty lashes. George Hall, a lad of sixteen, who had been found guilty of indecent assault, was brought up for sentence. Mr Cor? called evidence as to character. Hia Honor sentenced the prisoner to three months’ imprisonment and ten lashes. SHOOTING WITH INTENT. David McNiven was indicted for having shot at John Glanvillo with intent to do grievous bodily harm. The prisoner, who was defended by Mr McConnell, pleaded, not guilty. Mr Duncan prosecuted on behalf of the Crown.

The case for the Crown was that tha prosecutor and prisoner were fellow lodgers. On the day mentioned in the indictment the prosecutor w*s sitting with Annie Walsh, a servant girl, in the house, in the the kitchen. The prisoner came into the passage and fired a shot at the prosecutor from a revolver. Mr Duncan led evidence in support of the case for the Grown.

After tho evidence of the prosecutor, Glanvilie, had been taken, Mr Duncan promoted to call a witness named Brown to depose to certain statements made by the prisoner about tho shooting. Mr McOonnel objected, on tho ground that the name of tV-e witness was not endorsed on the back of the indictment.

Hia Honor said that though it was advisable where fresh evidence like this came up, if possible to give the other side notice. Yet, if it were not done, it would not exclude the evidence.

Tho witness then stated the conversation, which amoun'ed to the prisoner saying that it was lucky he only had the small revolver. Annio Walsh deposed to the main facts sworn to by the prosecutor as to tho events of the evening. Henry Toomer, senior, also gave evidence that the prisoner immediately after the shot had been fired, a kod him to forgive him, and said that ho (prisoner) was out of his mind.

n cross-examination, witness gave prisoner an excellent character.

Albert Frederick Toomer corroborated the evidence of his father, and also as to tho finding of the bullet. The prisoner told him that he had sworn to kill someone, and he would do it.

Sergeant Hughes deposed as to the probable course of the bullet had it gone on, and also that accused had what appeared to be a bullet wound in his left hand. There was also a pool of blood near the mark of the bullet in the wall. This concluded the ease for the Grown. Mr MoOonnel asked his Honor whether ho thought there was a case to go to the jury. His Honor said that there was some evidence to go to tho jury, but it was not of a very cogent character to support an indictment for attempting to murder. Mr Duncan said that he preferred to let the case go the jury. Mr MoOonnel said in that case he would call wicnessea for the defence.

The Court adjourned till 2 p.m. Dr. Byrnes gave evidence as to the wound in prisoaer’s hand having evidently been caused by a bullet fired close to it. Alfred Buckley, builder, described the thickness of the walls, &o. William Woodman agreed with the last witness.

George Mitchell deposed to prisoner having been in the habit of carrying a revolver, and gave him a character for being of a quiet disposition. Mr MoOonnel addressed tho jury, and Mr Duncan replied. [Left sitting.]