SUPREME COURT.

Lyttelton Times, Volume LVI, Issue 6489, 14 December 1881, Page 3

SUPREME COURT.

TIMARU. CRIMINAL SESSIONS. ' (Before His Honor Mr Justice Johnston.) The half-yearly Circuit Session of the Supremo Court at Timaru commenced yesterday morning. Hia Honor took hie soot on the Bench at 11 o'clock.

The following gentlemen wore sworn in as a Brand Jury t—Messrs 0. Dokmain, J. Goodoll, 0. Bowker, J. Paterson, W. S. Armitage, F. Archer, W. Massey, R. Stewart, W. M. Hirams, T. M'Olutohio, W. Balfour, H. Breen, W. Bush, B. Buchanan, W. 0. Boswick, W. Hornbrook, 0. Or boll, J, Mendelson, E. B 1 worthy, W. Granger, G. Babites, F. Byrne, F. Butter. Mr F. Archer was ohosou foreman of tho Brand Jury. Mr E. Fowler was called as a Brand Juror, but asked to bo excused, on the ground that ho was employed in the Crown Prosecutor's office. His Honor said that was not a disqualification under the law, but, under the circumstances, ho thought it would be bettor that Mr Fowler should not act. HIS HOMOB’B OBABQ3.

Hit Honor made the following general remarks on the calendar in his charge to the Qrand Jury:—Mr Foreman and gentlemen of the Qrand Jury,—l am happy to saj that the calendar to bo submitted for jour consideration is not one in which there are many prisoners or many offences. I see no indication of any kind of crime, with one exception, being peculiarly prevalent in this portion of the Colony ; but here, as elsewhere, I am sorry to say 1 find the very serious offence of arson lor too common. There are two cases of arson which wUI be brought before you, and it will be for you to say whether m one or both you see any good grounds for causing the matter to be investigated by a petty jury. She two cates present great differences in features. In one case the motive alleged, I can hardly call it a motive—appears to have arisen from displeasure or annoyance at the continuance of what the prisoner considered a nuisance. With regard to the other case, it is one of very considerably more importance. In this case it is suggested'that it was a very deliberate attempt at fraud upon insurance companies, and it is in this respect that the offence of arson is eo serious and tends to so much mischief in a community like this. Those very useful institutions, the insurance companies ran great risks on account of the reckless conduct of persons who insure themselves. lam not able to judge, nor should I wish to insinuate that there is any kind of temptation—or what can be considered in fair criticism temptation—offered by the insurance companies themselves. I trust, and have no reason for doubting, that they take due rare to see that persons do not fraudulently over-insure their property, and in all cases where they conduct their business with propriety they deserve the protection of the law to the fullest extent. There is a reckless view sometimes apparent in regard to these oases that tends very much to demoralise the community. Should the idea become prevalent —and lam afraid it is prevalent —that this is not after all a very serious offence, as it is only an insurance company that suffers; I am afraid it would tend in other respects to demoralise the community generally. It is therefore of Importance to my mind that these cases should be thoroughly investigated. Due protection should be given to insurance companies, while the insurance companies should give due protection to their clients and the public by exercising due caution in connection with the risks they undertake; and it is of great importance that, in any rase where there is such a great amount of evidence as in this case, it should be fully and carefully investigated. There are two eases of robbery from the person. So long as people get drank and carry money about with them there will be robberies from the person; but none of the cases to come before yon have any great aggravation. Unfortunately there have neon cases in other ports of the Colony where robberies have Win committed under circumstances of great violence, and in these rases I have considered it my duty to inflict severe and exemplary punishments; because, if this type of highway robbery gets a footing in this Colony, there is no end to the misery that it would occasion. The eases to oome before you ore not of a very heroic character —on©man geto drank and another helps himself to the property ho has about him. His Honor referred to the several rases separately at some length, and then dismissed the Qrand Jury to their room. The common jurors were then called to be sworn, and curiously enough two of the accused to be tried—Lewis Moses and John Tait —were among the number called. His Honor remarked that this wasa very odd thing. It wae the first time it had occurred within his experience. It was quite accidental, and the Sheriff was not to blame. Several of those called were released from service on the ground that they were summoned by the wrong name. One person tried to get excused because ho had beep summoned at the wrong address, but this was not held a sufficient excuse. One person who attended as a Qrand Juror, and was balloted out, was absent when called later as a Common Juror, and was fined 40s. Later a Common Juror was excused on the ground of deafness, and his name not being taken out of the ballot-box. When the first dozen were called his name came out, and the circumstances of his excuse being apparently forgotten, ho was fined 40. i. His ** cause to be shown should be a simple one. The Qrand Jury during the morning returned true bills against John Bobins, charged with forging a cheque for £l, and against William Brown, unnatural offence; Frederick William Dunn, larceny j John Powell, stealing from a dwelling j and Edward Whitcombe, stealing from the person ; and no bill against John Tait, arson.

VOBOIBO AKD PTTEBINO. John Boblns pleaded guilty to forging and uttering a cheque for £l. Inspector Pender stated that the prieoner had previously home an excellent character, but he had given way to drink. He hod never offended before. Prieoner eald ho had a wife, and bad friend* In Dunedin and Invercargill who would bo glad to give him a etnrt again. The gaoler, in reply to Hi* Honor, eaid the nriioner had been in gaol since July 18, and bad been in bad health *ince. In consideration of the age, and previous good character of the accused, Hi# Honor sentenced him to the short term of one month’s imprisonment, with hard labour.

BTBAKIBO ?UOU TUB FBBBOK. Andrew Taylor was charged with stealing two shilling* in silver and some copper coins, from one William Wynn, in October lost. The prisoner was undefended. The evidence of the prosecutor was not of a direct nature, ho having boon too d'unk at the time of the robbery to remember anything that that his attention wo* called to two men on the beaoh, ond going to them ho sow prisoner lying on the top or the prosecutor and across him. He saw prisoner put his hand into one of Wynn * pockets, and then take it out and put it Into Ek owi: He put hie hand into another pocket, and took out some copper* and .pocketed them. Prisoner was so Intent on

what ho was doing, that he did not notice witness' approach, and witness got close to him without hjl observing it. Witness said i" You scoundrel, you are robbing the man." Prisoner laid i "It is tny mate." Witness went for the police, end when ho oame back with Inspector Pender tho man wfti gone. Annie Roberts stated that on tho afternoon in question she saw the prisoner running in a direction away from HaUam's baths. Be said to her t "They're after mo for picking a man's pocket on the beach. How can that be P I only oame in by the eleven o'clock train."

Constable Thorcau gave evidence relative to the identification of tho prisoner. When called upon for what be had to say, prisoner said his defence was injured through the gaoler having refused to supply him with a copy of tho depositions, and to have a witness subpoenaed for him. His Honor censured that officer for not doing his duty in these matters, but in sentencing the prisoner he said he did not suppose the jury would think the prisoner had suffered much in consequence. Prisoner made a long rambling statement about the prosecutor having had some fits, and he was lifting him up when Hallam oame upon him. The jury, after a short consultation, returned a verdict of " Builty.” His Honor sentenced the prisoner to two years’ imprisonment, with hard labour. LABOKNT FEOM A DWKH.IKO. Hie Honor sentenced John Powell to six years' penal servitude. BOOKBT MOKINO. Henry Whitoombe was found guilty of stealing a PI note from William Morris. Several previous convictions having been proved against him he was sentenced to four yean’ penal servitude.