Supreme Court.

Hawke's Bay Times, Issue 1532, 9 December 1873, Page 42

Supreme Court.

MONDAY, Bth DECEMBER.

His Honor Mr Justice Johnson took his seat at ten minutes past 10 a.m., and the Court was opened in its civil and criminal jurisdiction, in the usual form. The following grand jury were empanelled :—Robert Stuart (foreman), William Burnett, F. Suttou, T. Powdrell, Joseph Rhodes, Joseph Rhodes, J. A. Smith, R. P. Giffard, B. A. Fcrard, N. E. Beamish, W. R. Russell, R. P. Williams, J. J. Torre, W. Orr, W. Routledge, F. Nelson, J. Rochfort, A. 11. Russell, W. Couper. Mr A. Kennedy and Mr T. K. Newton applied to be excused on the ground that they were defendants in a charge of libel, and their application was at once granted by the Court.

His Honoy then addressed the Grand Jury. He had had but little time to cxamiue into the nature of the cases to come before thyem; but so far as he could see they were not of a kind to give any great trouble to the jury, or call for any special remark on his part. The calendar included a charge of forgery, one of assault, one of maliciously shooting a horse, and one of libel. Regarding the first of these, there appeared to him to be very slight evidence on the face of the depositions to prove that the person accused, a female, had actually committed the forgery with which she was charged. If, however, the jury considered that there was sufficient evidence to lead to a reasonable conclusion that such was the case, it was their duty to find a true bill. The next case—a charge of assault against one James Lawton —was of a nature which be was deeply grieved to see, It wat sad indeed to find, as was shown by the evidence, that dissensions and quarrels had arisen about old religious strifes and animosities which one might have hoped had been buried and left behind in the old lands in which the)' had originated. When one lr.ard of outrages of this kind, upon such pretexts, in these days of advanced civilization, the conviction was forced on us that there were people among us, who, making points of religion or politics their excuse, could conduct themselves as badly as though they were given over to a wild superstition like the Hauhaus. The next case to which he would refer was a charge against one Duncan Frazer, of maliciously shooting a horse. There appeared to be a certain amount of provocation in this case; but the offence was one of a killd not to be tolerated. Ijeijioved though people might be from the appliances of civil life, it was no justification for them in taking the law into their own hands. It would appear that, having quarrelled about some sheep, the prisoner had shot a horse while the prosecutor was on its back- The next charge was one of libel, an offence of a very serious nature. The libel, it was alleged, was directed against a gentleman holding the important position of Commissioner of Crown Lands, and in effect charged him with partiality, and abuse of the powers of his office, lie had glanced through the article which formed the basis of this action ; and it would be mockmodesty on his part to refrain from saying that certain parts of it were libellous. It would be for the jury to decide whether tlje'avtjcle, taken as ft wjiole, nipdjfiec} o|: diluted these portions so as to neutralise their effect. He would not enter into the consideration of the law of libel, or the state of the press of the Colony, both subjects of great interest and importance ; but would add that if the press could only be brought to realize its power, both for good and evil, and to exercise it in a right direction, it would be a happy thing for the Colony. The Grand Jury then retired, and found a t'l'U.o bill againsi Sarah Page for forgery. We in ay here' arid Illicit the ;f uv,'y subsequently fpund true bills in every case brought before them.

Sarah page was placed, in. the dock, charged with forgery, The prisonerplcadeQ guilty. His Honor called on Mr Hague, who stated that he had the prisoner two months in his employment. He had seen lier write in a copy-book ; she could write pretty well. He had taken her from the service qf. Mr John Hnyden, carter; he had heard that telle-had been jjvougjii np |n the convent liy one'of the sfstbVrJ !i . ! ''' '•■ '" ; "

Mr inspector ; Sculiy -believed that she had been brought from Auckland : by the llcv. Father Feiguier some years ago ; that she had gone into the service of Mr Hayden, and conducted herself badly ; and had {given much trouble to those who had neenicind to her. Ijer mother was a iiatSve ‘Woman ; dier father had 'left her, and was somewhere oil'the Sydney side. He had hoard complaints against her, but no previous charge. ' Hig I jioii.or ': : Now, Mr Miller, what means jbas’the “polony afforded you Fop the punishiiVeh't and afthiiskiii'etinie the'reformation of this girl? '■ '■ ’ 1 Mr filler ; There is a separate department Jh thp jajl'fpj.' foipalea, 'His Honor; IjoW am there there 9 Mr Miller ; None at present, flip itpiior i t [Slipppso there are abandoned women in this town who sometimes get drunk and misbehave themselves, and are placed in your charge. Would she have to associate with them ? Mr Miller: Yes, your Honor. His Honor: This ia what I call a libel —a true libel on the conuppity, In all par ’the/ ptMony ip 'ia tjie game, only beiiiaps jfi.'a g}:ea|;ep degree than here. If a gf'fj'pptp'pjjH 'yielding to sudden temptation—she is handed over to the care of the most abandoned of her sex,

Mr Wilson thought some arrangement might be made which would give the prisoner an opportunity of reformation. His Honor said it was desirable. He would defer judgment, in order to give an opportunity for some such arrangement. Larceny. John M'Gregor was charged with stealing money and goods to the extent of £lO, and a cheque for £l2, from the dwellinghouse of Thomas Parkin, Waipawa. The prisoner, who appeared to be in bad health, and was suffering from,a cancer in the face, pleaded guilty.. After hearing evidence as to character, which was somewhat unfavorable, his Honor sentenced the paisoner to hard labor (such as he could perform) in the jail of this Province for twelve months. Aggravated Assault. James Lawton was charged with having on the 23rd June assaulted, beaten, wounded, and ill-treated George Rymer, causing actual bodily harm. Prisoner, who was defended by Mr Cornford, pleaded not guilty. The following jury was empanelled :—• T. R. Spiller (foreman), W. T, Newton, J. M'Leod, W. O’Dwyer, F. O’Donnell, P. Moroney, C. Mogridgc, John Rogers, T. Cleary, S. Carncll, W. Brown, T. Morrison. Mr Wilson, in opening the case, said that the assault was of a very serious kind, and appeared to have been the result of a lamentable dispute about subjects which might very well have been let alone. In the evidence there was nothing to show in justification of so violent an assault. George Rymer, sworn, deposed ; lam a coach proprietor, and live at Meanee. I know the prisoner ; lie is a farm-laborer. On the 23rd June, about G. 30 p.m., I met him at the Tavadale Hotel; he asked me inside to have a drink ; he thanked me for giving his wife a ride from Puketapu; he also asked me if 1 could lend him a horse to go to Wairoa. We had a glass at his expense, and he asked me if I was an Orangemen ; lie said he was a Fenian. His Honor: What is that ? Witness: A rebel, I suppose. Shortly afterwards, O’Dowd and Lord came in, and we retired into a small room off the passage, and had some conversation. Lawton was not sober, and O’Dowd, who was sober, -wanted him to go home. We agreed to have a glass together to finish before going away. All this time there was a conversation about Orangeism and Feiiianism. Lawton told me that if there was ever a row between the Orangemen and Fenians, he would pass me by for friendship’s sake. The conversation was between Lawton and myself —the others did not join in. The glasses came in, and we took them. I raised ray glass and said, “Here’s to King William, the Pope, and all the rest of them.” I had the glass at my mouth. Lawton’s right hand was on my shoulder; his glass was in his left hand. He struck his glass against mine ; both glasses were broken; my eye was cut, my nose cut in two places, my cheek deeply wounded, two artificial teeth knocked out, and one broken. Lawton said, “There’s a smack for you,” I turned round from the table to spit out the broken glass. O’Dowd said, “ I wmuld not allow a nigger to be struck in that fashion,” and seized the prisoner, who was following mo. He said to O’Dowd, “ Have I not done right? You’re no Catholic at all.’’ He had told me that he had a down on mo for two years, and that I followed him down the Meanee road one night, with the intention of doing him harm. 33y the Court : The sight of my injured eye is permanently gone. I was eleven days in bed with both eyes closed, and was unable to resume work for three months. By Mr Cornford : I had been on good terms with Lawton, and had never quarrelled with him. We had been talking about ten minutes before the assault took place. The prisoner had shown no signs of excitement —we were quite friendly. I was perfectly sober ; I had five glasses of liquor that day. 1 do not remember O'Dowd saying he was a Roman Catholic —it was well enough known. My toast was, “Ah, well, here’s health to King William, the Pope, and all the rest ,of them.” I spoke in the same tone as Ido know, and made no suggestive pause before the name of the Pope. Lawton and I took our glasses together, and it was just after taking the glass in my hand that I gave the toast. I can swear that he struck me with the glass ; I cannot swear that I was looking at him at the time. The blow was a very heavy one. When I passed out of the room, Lawton was following me ; I saw O’Dowd holding him in a corner as I left the room. I said nothing offensive to him during the whole cycnjng ; wd had beep very good''friends,, I was attended by Dr. Gibbcs, at first; I sustained no fresh injury before Dr. Spencer saw me. William Isaac Spencer, sworn, deposed : I am a member of the Royal College of Surgeons, and a qualified medical practitioner. I saw the prosecutor on the 3rd of July, in a consultation with Dr. Gibbcs. lie had suffered severe injury in the left eye—cornea, white of eye, and Iris all cut through. A cataract has since formed in the eye, gloat likely the direct yesul'f bf ‘(hd wound,'andfconsidering’ the other injuries, I think irremediable. He was' alsp 'ingcß cut about tRe nose, and other parts of the face. fly Mr Cornford; The wound having been inflicted with a sharp-edged instrument, v/pußl not have necessarily required a very heavy blow to cause the injuries I have described. By the Court; I think the broken edge of a glass tumbler might do it. I think if glasses were crashed together in the way described, it is very possible that the broken edge would inflict the injury, Wifliom Lord, sworn, deposed: J was at the Taraclaje Hotel on the 23rd of Juno last;’ LavVton, O'Dowd, a'nd ifViue’r in the passage- when I went in; { was in the room with them and'hoard ! a little general talk between Law ton and Rylnof.' They appeared to be very good friends. I saw Lawton strike Rymer with his left baud ; 1 could nop see whether tßere was anything in it or'pot. Rymer, left tl(e room. .] could nof say wlia-t staite'he was in. Before (he blow, I heard Ryrner say, “ Here’s health to King William, thp Rope, and all the rest of fliom."' Jle did not say it in an offensive inqnner. By Mr Cornford ; I saw o’D,owd laying to take‘Lawton away ; I tholighVhe. lus had a glass fop iggch ; but I saw go oagsa to apprehend $ (fistgrbagee, They were talking generally fpr ghaut Jive minutes, and laughing together; they seemed very good friegds. 1 Rid got think Rymer said anything offensive qr insulting, O’Dowd avid I went to see Rymer the next day ; wo talked generally on the subject as we went. Possibly I said I was surprised at Rymer’s talking as ho did. I cannot say that 1 was surprised ; it was only a friendly talk ; I was a little surprised to hear such a subject brought up ; I would gpt Rave expected it fa harp cpigo up in company. I did not Rear flymer mention the Rope till he gave the toast. , , ~ i This closed the case for the prosecution. Charles O’Dowd: lam a carrier, residing at Taradale, I was at Mdie’s hotel on the

23rd of Juno last, Rymer and Lawton came into the room where I was. I remained there the whole time till they left. I was about ten minutes or a quarter of au hour in the room with them. They were talking about Orangeism. Rymer said he had been Grand Master last year, that he was still an Orangeman, and intended to stick to it to the last. He said it in the way in which it is generally said in that house—thrown up in our faces. There are a good many Orangemen on the flat; they are not all Irish ; some are Scotch. Lawton seemed very excited and vexed. I suppose it was Rymer saying this that had excited him. It was about a quarter of an hour after I went in that Rymer gave the toast. Lawton was excited when I went in, 1 asked Lawton to go away, as he was drunk and excited. I thought there might be a disturbance ; Rymer said there was plenty of time. Rymer’s toast was, 11 Here’s to the health of King William, the Prince of Orange, and the Pope,” It seemed to me to be spoken in a taunting way. Lawton was sitting beside Rymer when the toast was given. He took his glass in his right hand, and put it down before striking Rymer. He had not the glass in his hand, he must have struck Rymer’s glass with his left hand, as that hand was cut. It was not a heavy blow. Thomas Pcdclio, deposed ; I am a publican, and keep the Taradale Hotel. I remember the 23rd of June last. Rymer, Lawton, Lord, and O’Dowd were present, and I supplied them with drinks from the parlor. I remember the kind of glass Rymer was drinking out of; it was a cut glass tumbler, medium size, and would hold about half a pint. It had rather thin sides, I have had a good many of that kind broken. By Mr Wilson ; I should say that they were all sober. Mr Gornford addressed the jury. The prisoner was charged with having occasioned the prosecutor grievous bodily harm. Upon such an indictment, ho submitted, it must be shown that the bodily harm was the direct and natural result of the blow r inflicted. Such, be maintained, was not the case in the present instance. The prisoner, npon provocation, bad put down bis glass and struck the prosecutor a back-handed blow. The prosecutor was at the time lifting his glass, and it was the interposition of this glass that led to the Bwious consequences for which the prisoner was certainly not responsible. The blow' was but a slight one; provocation bad been given ; and the injury was not actually occasioned by the prisoner’s act. Mr Wilson said that it was clear that the prisoner bad the glass in bis hand when the blow was struck, and even if be had not, the offence w'as complete. That trie re was provocation had been denied by the witnesses for the prosecution, and but faintly put forward for the defence. As tor the foolish talk about Orangeism, he did not understand it; nor could it justify the assault. As for the actual bodily harm, no reasonable man could doubt that that had been inflicted. His Honor took the same view as the learned counsel for the prosecution. W hen a man’s eye has been cut through in the w'ay described, it was absurd to argue that bodily harm bad not been inflicted. Even if the prisoner did not contemplate such serious consequences, he must take the consequences of bis illegal act. The amount of provocation appeared to have about the minimum, considering the subject under discussion, and certainly afforded no justification for the assault. The jury, after a short absence, found the prisoner guilty of an assault with the infliction of actual bodily harm. The Hon. Colonel Whitmore, Mr R. D. Maney, and Mr R. Wilkin were called to testify as to the prisoner’s character. They described him as an industrious and inoffensive man. His Honor, in passing sentence, again deplored the dissensions w'hich had led to this outrage. He was happy that the jury had not evaded their duly. He could not believe that the prisoner intended to inflict a life-long injury ; nor did lie look npon him as a dangerous member of society. He hoped his motives would not he misunderstood in passing upon the the prisoner the very lenient sentence of six months’ imprisonment with hard labor. Maliciously Shootng a Horse. Duncan Frazer was charged by John Breingan with this offence. Wc cannot find space this morning for the evidence ; and the particulars of the case we have already published. The prisoner, wfip was defended by Mr Covuford, was found guilty. Judgmen t was deferred till Saturday. Libel. The six defendants in the libel case answered to their bail. The case is appointed to bo tried on Saturday, before a Special jury.