SUPREME COURT.

Globe, Volume XXIV, Issue 2648, 2 October 1882, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. This Day. [Before his Honor Mr Justice Johnston.] The quarterly sittings of the Court for gaol delivery commenced this morning at 11 o'clock. The following gentlemen were sworn in as the grand jury :—James Hnrae (foreman), Robert MoFarlane, John H. Rattray, 0, Hansen, O. D. Orosley, H. Bawtell, James Shand, John Booth, T, F. Peel, A, O. Wilson, Thomas Cane, J. T. Monck, John Webster, Arthur Appleby, J. T. Gorlo, ffm. Smart, A. I. Rathray, B. Wiokes, H. J. Wood, K. Pavitt, and R. P. Bain. Mr Duncan, Crown Prosecutor, said he daaired, on behalf of the Law Society and of the Bar of Canterbury, to congratulate hi* Honor upon hi* return to Christchurch. It wa* with extreme regret that ho became aware of the necessity for his Honor to leave the colony on account of the state of his health, and he congratulated him most sincerely on his being able to again pre*ido over the Court. He hoped his Honor might long be spared to perform his duties, not only in this Court, bat also in the higher Court —the Court of Appeal. His Honor, in reply, said he would not only bo discourteous, but would . be failing in what he thought was due to his own feelings, if ho wore not to express in marked and emphatic terms his appreciation of the kindness and courtesy which had been shown to him on his return to discharge his duties. He was happy to say that, eo far as he could judge, the vacation he had been allowed to take had substantially benefited his health. His Honor then delivered his oharga to the Grand Jury. He was very glad, on hi., return to the colony, to find that the calendar submitted for their consideration was so limited. There wore only eight prisoners whose oases would bo brought before them. There was nothing on the face of the depositions, in the several cases, to induce him to believe in the existence of any wide spread criminal conduct on the part of the community, or—what he had all along moat dreaded —any fresh symptoms of the formation of criminal classes in the colony. The calendar presented the usual features. Hia Honor then proceeded to refer to the chief points in the several cases in the calendar.

PORSEBT AND UTTHBINS. Alexander Clark wm indioted for forging and uttering a cheque for £3 on the Bank ot Now Zealand, at Ashburton, in July last. The prisoner pleaded not guilty, and was undefended by counsel. Mr Duncan conducted the prosecution, and called the following evidence : Patrick O’Leary, barman at the Hind Hope Hotel, Hinds, deposed that on the 3rd July last the prisoner came to the hotel and gave him the cheque for £3 produced, signed “J. Osborne,” in payment of a debt. Witness returned the prisoner £1 19s. Prisoner said the cheque was signed by Mr Osborne, of the firm of 11 Osborne and Walker.” The cheque was presented at the Bank, but not paid. Isaac Osborne, farmer and contractor at the Hinds, deposed that the signature to the cheque produced was not his. He bad no account at the Bank. Was formerly in partnership with a man named Walker. Archibald M'Oormiok, who was working for the last witness, deposed that he missed a cheque from his book, and that the one pro. duced corresponded in number, and other wise with the block from which the missing cheque had been been taken. Did not know the prisoner. William Hutchinson, clerk in the Bank of New Zealand at Ashburton, deposed that the cheque produced was presented for payment but dishonored, as there was no account in the name of “ J. Osborne. ”

Constable Bobert Neill deposed to having arrested the prisoner, who said that he obtained the cheque from a man named Shepherd who had been working for Osborne. Isaac Osborne, recalled, said a man named Shepherd had been working for him, but he never gave him a cheque. Joseph Shepherd deposed that ho did not give the prisoner the cheque produced. Had not seen him since April last. This was all the evidence. The prisoner, in hie defence, said he cashed tha cheque for the witness Shepherd, giving him £3 for it. When he paid his account at the hotel ha endorsed the cheque at the request of the landlady. He endorsed it “John Clark.” Tha jury, after retiring to consult, returned a verdict of “Guilty,” and the prisoner was sentenced to two years’ imprisonment with hard labor. EMBEZZLEMENT. Frank Henry Williams was indicted for embezzling £lB 16* 101 on the 24th March last, £2B 9s on the 14th April, and £3 15» 10! on the 20th April, the property of Her Majesty, the prisoner being at the time em ployed in the public service. He pleaded guilty. The prisoner was further indicted for embezzling the following sums:— £7 Is 3d on the 21st April, £7 6s lOd on the 28sh -April, and £lO 12s lOd on the 15th May. He pleaded not guilty. Mr Joynt said it was not the intention of the Crown to offer any evidence for the prosecution, and the jury having been emnannolled returned a verdict of “ Not Guilty.” The prisoner then came up for sentence under the first indictment.

Frederick Back, railway traffic manager for the Christchurch district, was called to give evidence as to character. He said that the prisoner had been a clerk iu the railway department since 1877, and had always occupied a position of repousibility and trust. He was a general favorite both with the public and tha defendant, and before his arrest for embezzlement was down for promotion on account of good conduct. Witness had always considered him as a moat exemplary officer, but knownothing of hin private affair*. He believed the embezzlement* amounted altogether to about £2OO. The salary received ty the prisoner was £l4O. The amount which went through the prisoner’s hands was about £12,C33 or £15,000 a yeor. Thera had been no other defalcation in the railway department in the Christchurch district, although he behaved they had occurred in other parts of the colony.

The prisoner, in his defence, said he had got into monetary difficulties partly through assis'.icg others, and partly on his own account, and failing the receipt of money which ho had expected from England, h& used the fund* of tho department in tho meantime, intending to replace them.

His Honor said the Court was allowed a great amount of discretion in ca*as of this 80. it, r.nd as they had not been very frequent he wso isthar at a loss for a precedent to guide him. Mr Back said the only case where & Government officer had received a severe sentence occurred some years ago on tbo West Coast, a receiver of gold revenue having committed defalcations. His Honor sentenced tbo prisoner to im pris mmant fur twelve moctna with hard labor. BOBBEKT WITH VIOLENCE. _ William Herbert Harding waa indicted for assaulting John Connell with violence and stealing from him a puroa containing £ll. The prisoner pleaded guilty of larceny from the perron without violence, and the plus war accepted by the Crown Prosecutor, Inspector Broham said the prisoner had previously been convicted of larceny and was an associate of criminals. The Court passed a sentence of two years’ imprisonment with hard labor, ABSON, William Avenell waa indicted for sotting fire, on the 13th August last, to a dwellinghouse, situated at Graham’s road, Ashburton, the property of Julia Wood, th* said Julia Wood and John Burn being at the time in the dwcliing-nouse.

The prisoner pleaded not guilty, and was defended by Mr Joynt, Mr Dun'to condu< tsd the prosecution, and led the fill wing evidence : Charles Compton Eookes, surveyor, at Aohburton, deposed that ho made the plan produced, showing the relative positions of the houses in the locality. Julia Wood depoied that she was the wife of Barton Wood, and lived at Graham's road, near Tinwald, in a sod bouse, thatched, containing three rooms. On the 13_th of August she and her five children were in the house. She saw the prisoner on that day, and told him to take away hie cow, which was running in her paddock and was troublesome. He was very angry. This was about five o clock in the afternoon. The only firo burning in the house that day was in the kitchen, and it was put out at about four o’clock, f Witness and the children went to btdat aboutJOo’cl ck. Was awakened about 10 by one of the children crying in the next room, She struck a light and found that the front room was full of smoke. She dragged the children out through the kitchen. The fire was amongst the straw on the roof over the front room. The cries of the children attracted the neighbors, who assisted witness t J; ut the firejout, It had burnt ho tha'e’i along the top of the walls. The night was calm and clear.

Cross-examined by Mr Joynt—The prisoner had been living in the neighborhood for about two years. Had not been very friendly with him. He was a man with whom no lone woman could bo on good term*. He had made immodeit proposals. [Loft sitting.]