Supreme Court.

Manawatu Standard, Volume XL, Issue 7920, 28 September 1904, Page 5

Supreme Court.

WEDNESDAY.

(Before his Honor Mr Justics.Cooper.

(Continued from page 3), ARSON.

John Henry Woolhouse, remanded till this momirig, appeared for sentence on a charge of wilfully setting fire to a house at Bunnythorpe. . His Honor, addressingthe prisoner, said he hacP considered his case and could not treat it any differently to that of the' other prisoner, Humphries. The offence was a very serious one and it was somewhat inexplicable how the prisoner could setfiretothe;h'ouse,.but from the way he had conducted himself in Court he was apparently, not in possession of a very acute mind. The Court, however could not take that into consideration. A sentence of two years' imprisonment was imposed.

THEFT.

Harry Deeley (Mr Cooke) pleaded not guilty to a charge, three counts, of breaking entering and stealing 281bs of bacon from the dairy of Alfred Ruff, Bunnythorpe, on August 22nd. Mr H. S. Fitzherbert prosecuted. _Thefollowingjurywasempannelled: — .E.N, Barraiicl (foreman), Jas. Allen' A /V. Merrinian, R. Hepburn, Jas. Morris' Geo. Hobaon, F. H. Mowlem, F. G Baker, Thos. Muggridge, Geo. Dale, C. T. Keeble and G. Davidson.

The case was. sent up for trial from the lower Court, held at Palmerston. Prisoner was engaged on a stumping contract at Buimythorpe and was working within easy distance of the informant's house. On the date stated the bacon was missed from the dairy by the informant, who searched for tracks and found in the soft earth two sets of footprints leading to the prisoner's camp He gave information of the theft and his discovery to the police, and investigation by the latter resulted in the bacon being iound in a bedroom at the prisoner's whare. Informant identified the bacon (produced) as his property. The ownership of the bacon and its identity was not disputed by the defence. Evidence in support of the case was given by the informant, Alf. Ruff. _ Cross-examined, he admitted that hi the lower Court the prisoner's mate Burnes, said that he alone stole the bacon and that the present prisoner was m bed and knew nothing of the affair. Evidence was also given by A. Ruff, son of the informant, Constables Crozier ■and Fitzgibbons, the latter.appearing for cross-examination upon his evidence in the-lower Court relative to. the:state- i inent made by prisoner when denyinohis guilt in front of Burnes, who con° fessed the theft.

His Honor over-ruled a contention by Mr Gooke that there was no case to »o to the jury, the Court remarking that the statements of Burnes, relative to committing the theft, were not proved. Burnes should have been produced to prove the truth of the statements made by him.

Mr Cooke remarked that Burnes was serving sentence and could not pc produced without an order of the court. He would, counsel said, prove his case with the prisoner's evidence. The latter said that the'night previous to being- arrested he played cards with Burnes and then went to bed. Burnes went out, andnext morning, lie was up first and got breakfast. There was a piece of bacon on the table, which Burnes said he had brought home. Witness assumed the bacon came from the store at Buimythorpe where they dealt. The bacon was produced again at tea time, and when the constable put in an appearance Burnes- took it into the bedroom, whore the constable. found it. Prisoner was subjected' to a lengthy cross-exarnianation by the Crown Prose--cutoiybut the facts elicited were- in accordance with the evidence given in the Court "below.'" ... . — :'■■•■ ■•

Gilbert Hansen, firewood dealer, Palrnerston, said prisoner had worked for him for fifteen months, and during that time had handled large sums of money, fully £200 from the creamery and money from firewood customers. Witness had always found him reliable and honest. Counsel and his Honor addressed the jury and they retired, returning after a short absence 'with . a verdict of not guilty.

Prisoner was discharged,

ASSAULT AND ROBBERY.

Chas Cannon and Patrick Calpin were charged, on three counts, with assaulting and robbing Alfred Rickards of £1 15s, at Palmerston, on August 26th. Mr H. S. Fitzherbert prosecuted. Prisoners were undefended.

The following jury was empannelled: F. Mowlem (foreman), Jas. Davis, J. O'Connor, Jas. Lawrence, C. W. Alve, Geo. Dale, Jas. Hensen, R. Hepburn, Geo. Hobson, and E. N. Barraud.

The facts of. the case, as detailed by by counsel and published when the case was before the lower Court, were that on the night of the day in question Richards and a man named F. A. McMinn : were outside, the Railway Buffet, Palrnerston North. The / latter asked Cannon who was near them for a match. Cannon, instead of giving the match, swore at McMinn and struck him. The blow was returned and Calpin went to the assistance of Cannon. Richards followed suit on McMinn's account and the melee became general. When it was over McMinn went home and Richards, who lived down the FoxtonLine, also started for home. The prisoners, who had gone on towards the Masonic Hotel after the fight, followed him. Richards, noticing their action, commenced to run. He went to the residence of Mr Stevens who came out of his house, and Richards went on his way again. At the corner of Botanical-road he was overtaken' by the prisoners. They aecostecVßichards, using offensive language, and at the same time, struck him. They got him down and while Calpin held him Cannon rifled his pockets. Richards was in a half unconscious state, the result of a severe blow on the head. When "they left; him Richards went home, caught a hack : and'-rode back to town to the -police! ..whom: he infbrined^ of the oecurrenee." The prisoners' also returned to, town after they had fimshed with Richards. They went, round to Dr Stowe's stable, woke up the groom and slept in the loft. Next day, Saturday,^ they took the train for Foxton, but at Longburn were overtaken by the I police. On being asked they 'denied all knowledge of one another. Cameron was arrested on the station, but the tram moved off before Calpin. was taken and he was not arrested till; the train arrived in Foxton. They persis-' ted in' the denial that they knew one another but eventually admitted the ■fact. ■" . , ■;.'••■• - ' -■

Evidence in support of the case for for the' Crown was given by F. A." Mc-

Minu, A.; Richards,:^ :Ii: Stevens/ Jas. Dick, Constables De Loree and" Lander.' » Theprisoners.elected. to give evidence .'on their own.behalf/ - : '-~.■ ... Gannon-said; oh ihe -night, of" the occurrence they -were in";a', ;bi!Jiard' rriorri till 11.15. A passer-by told; them ■td;go--round to Dr.: Stowed 'stable and' they could get up in the loft. ■ In the meantime Calpin borrowed 2s and they tried to get a bed but could not, so they went to the loft.

Cross-examined, witness denied that he had met MeMinn on the night in question and that he-had a fight. He admitted three pr'evious'convictibns for theft, cruelty to animals, and vagrancy. By the Court: Then the evidence of AlcMinn andEichards is untrue ?—Yes, so far as we,are concerned.

Patrick Calpin gave evidence'in corro boration

Cross-examined witness admitted there were three.previous.convictions against him, two for using obscene language and one for refusing to leave licensed premises. Witness denied.seeing Kiehards on the night in question, and having fought with him. He. said he had denied knowing Cannon, and had only met him during the afternoon of the day in question.

John Nelson said he lent the prisoner Galpin 2s to get a bed with on the night stated- They were.in the billiard room till closing time. ■ . The accused did-not take advantage of their right to address "the jury-and counsel also dispensed with the customary address.

~ His Honor summed up, generally, against the prisoners.

Both the prisoners were -found <milty and were remanded till to-morrow morning for sentence.

BIGAMY.

James Dobbs,(Mr Moore) was charged with going through a form of marriage on March 25th, 1902, at Waipawa, with Emma Seabright, he being already married to Selina Simms. A plea of not guilty was recorded. Mr H. S. Fitzherbert proseauted. The following jury was empannel.led:—W. J Archer (foreman), Geo. Davis J.Allen, G. Greer, J. J. Hiekey, M. Mathieson, N. Campbell, W S Maunder," C. E. Crozier,' C. T Keeble and F. P. Ailcen.

In opening for the Crown, Mr Fitznerbert said that in 1892 the prisoner was married to Selina Simms, and there were children born of the marriage. They lived for some time at Stoney Creek and then the prisoner went up to Taupo contracting. Subsequently he went to Ormondvffle. In 1902, at Waipawa, he married Emma Seabright. ■ ■■■ The second-marriage was admitted by .the defence. -- ~•: v' - . • Evidence in support,of the case was given by Samuel Johnson, Eegistrar of Marriages at Waipawa, who produced the certificate of the second marriage I and E. Simms. son of Mrs Dobbs. ° ' The witness, Ed. Simms, crossexamined, said there were 14 children m the house after the " marriage between his mother and Dobbs, each having seven. The marriage was not a particularly happy one, and in less than two years -they were practically separated.

(Left sitting.)