SUPREME COURT—CRIMINAL SITTINGS.

New Zealand Times, Volume XXX, Issue 4302, 5 January 1875, Page 3

SUPREME COURT—CRIMINAL SITTINGS.

Monday, January 4. (Before His Honor Mr. Justice Johnston.) His Honor took his seat on the bench at ten o’clock. GRAND JURY. ’ The following gentlemen were sworn in as the Grand Jury :—Messrs. F. A. Krull (foreman), G. Beetham, C. C. Graham, H. Blundell, jun., B. Smith, C. Tringham, J. M. Cleland, T. McKenzie, E. W. Mills, R. J. Duncan, W. L. Hirst, T. J. Mountain, J. Holt, R. Port, E. H. Hunt, R. S. Ledger, B, Levy, D. Mclntyre, J. E, Nathan, G. S. Sellars, C. J. Toxward, T. C. Williams, R. Collins. CHARGE. His Honor delivered the following charge: Gentlemen of the Grand Jury,—X am very glad that I can on this occasion once more congratulate you on the state of this part of the province in respect of criminal charges. It is a legitimate source of satisfaction to find the calendar so light as regards both the number and the character of the offences, notwithstanding the very considerable increase of population attributable to recent immigration. Of the few cases, however, which will be submitted for your consideration, you will find that the crime of obtaining money by false pretences, carried out by worthless written instruments, still occupies a conspicuous place. Now, it is one of the general principles universally admitted by the experience of enlightened communities that when particular offences become very prevalent they ought to be put down with a strong hand, that the punishments by which they are followed should be substantially severe and exemplary. But I have had occasion recently iu another place, as I have often heretofore had occasion, both here and elsewhere, to point out the great difficulty to which judges of this colony are exposed in the use of a very extensive discretion with which the law—wisely, I think—invests them, as to the character and duration of sentences arising from the uncertainty of administration, and the want of uniformity of system, and the absence of means of classification, in the prisons of this colony. This is a topic which I am well aware is distasteful to many, and with respect to which others think that exaggerations are indulged in, but 1 know that to tho best informed it is a source of grave anxiety, and I for one feel constrained by a sense of duty to the public to reiterate whenever a proper occasion occurs, the expression of my firm conviction that if in these times of the wealth and prosperity of the colony active and extensive measures are not adopted and carried out to remedy the crying evils to which I have alluded, the consequences ere long must be most serious. His Honor proceeded to explain to tho Grand Jury the nature of their duties in regard to the cases before them, and then continued as follows : As it is probable that I may not again have an opportunity of addressing a Grand Jury in this place—at all events for a considerable time to come—it might seem like an affectation of indifference, which I certainly do not feel, if, after having presided in the Supreme Court here for more than sixteen years, and having addressed Grand Juries here on so many occasions, I were to refrain from expressing the gratitude and comfort which I feel in the retrospect derived from the very satisfactory relations which have always subsisted between the Court, the Bar, the jurors of all classes, and all who have taken part here in the administration of public justice ; or were to fail to declare that if, in the anxious discharge of duties, often more arduous and personally trying than casual observers may have believed, I have at any time unintentionally or unneoey • sarily offended the prejudices, or hurt the feelings of any one, I sincerely regret • it. When I have opportunities of revisiting, as a comparative stranger, the place which has been a happy home to me for so large' a portion of my fife, I trust I shall see around me fresh evidences, not merely of that material prosperity iu the enjoyment and prospect of which we are now rejoicing, but also of such progress in education and general social culture as is indispensable for the formation and development of public opinion—of an intelligent, large-minded, far-seeing, vigilant, vigorous, and honest public opinion, without which the best contrived political institutions may degenerate into shams and snares, and without which even the wisest laws which can be devised cannot be wholesomely and effectively administered. PRESENTMENT. The Grand Jury having disposed of all the bills placed before them, returned into court, and made the following presentment;— The Grand Jury desire to take this opportunity of expressing their regret at the announcement they have just heard that your Honor, who has presided over the Supreme Court of the Wellington district for the past sixteen years, is about to remove to another part of the colony. Whilst doing so, they feel that they should fail iu performance of a public duty if they did not at the same time express their deep sense of the ability, courtesy, and impartiality, which have uniformly marked the career of your Honor, with a hope that you may be long spared to adorn the Bench, of which you are so distinguished a member. His Honor, in reply said : Mr. Foreman and gentlemen^—l return you my most sincere thanks for the manner in which you have expressed your feelings of sympathy toward me. To all public men, assurances of sympathy and good-will coming from their fellow-citizens must be most grateful, but to judges, with whom it is a primary duty not even to appear to court popularity, and who are often exposed to misconception and misrepresentation, it may even be to unjust criticism, without feeling at liberty to say one word in their personal vindication, it is a source, and must be a source, of much consolation and comfort when, on a legitimate occasion, their fellow-citizens, their neighbors, express their confidence, their goodwill and their sympathy, as you have been kind enough to do. No greater reward, except the testimony of one’s own conscience, can be offered to any one in my position. I now have the pleasure to express to you my best wishes, and offer you the usual compliments of the season, and discharge you from futher attendance, with the thanks of the Queen and the colony for your services. CASE ABANDONED. Mr. Izard, before the cases were gone on with, informed the Court that an indispensable witness in the case against McWha was not forthcoming, and that ho did not propose to proceed with the prosecution.* W. K. Crowe, the witness, had left the colony, and in his absence tho case must fall to the ground. He would, therefore, apply that his recognizances be estreated. The witness was then called upon, and failing to appear, his recognizances were forfeited, his Honor expressing the opinion that the case involved some nice points of law,' which would render it difficult to obtain a conviction. Mr. Izard stated that from tho first ha doubted whether a conviction would be obtained. ASSAULT. Robert Taylor was charged with having, on the 17th October, assaulted Robert Waldin, landlord of the Criterion Hotel, Upper Hutt. The evidence in the case has already been fully reported in this paper, so that it is necessary only to recapitulate the main facts. On the evening of the day in question Taylor called at the hotel, and wished to stay for the night. Waldin agreed that he should stay, but told him he must go into the kitchen. Taylor felt insulted, and later in the evening vented his ill-humor on the prosecutor by striking him on the head with a large stone, and kicking him between the legs, causing a serious wound in the perineum. In addressing the jury Taylor said he did not intend to do Waldin any serious injury. He picked up the stone to frighten Waldin, and not to hurt him. If he had intended to hurt him, he should have struck him with his fist, and probably have knocked him all to pieces, as Waldin was a very drunken man. Tho jury after a few moments’ consideration found tho prisoner guilty. Constable Byater gave tho prisoner a very bad character, stating that he was very violent Iwheu iu drink, and latterly had become ‘a nuisance in the district, wandering up and down the road, and sleeping in all the wharcs.

The prisoner denounced this as a falsehood, and stated that he had always paid his way like a gentleman, although he was only a tailor. Mr. Reid, the governor of the gaol, stated that the prisoner had already undergone six months’ imprisonment for mutinous conduct whilst a member of the Armed Constabulary. His Honor said experience told him that the beat course to be adopted in the case of such men as the prisoner was to endeavor to reform his mode of life by imposing upon him a rather long term of imprisonment. It w*as due to society, and charitable to the prisoner, that he should undergo a comparatively lengthened of seclusion, so as to wean him, if it were at all possible to do so, from the pernicious effects of drink, which evidently made him an excitable [and dangerous man. With this view prisoner would be sentenced to twelve mouths’ imprisonment. * EELONT. Ivor Geilgaard, a Dane, was charged with breaking into a dwelling at Peatherston and stealing therefrom certain articles of clothing and a watch, the property of Thomas Russell and John Tait. Mr. 0. J. Toxward was sworn to interpret the .evidence in the case, the prisoner being unable to understand English. The prosecutors, Tait and Russell, a witness named Mrs. Bolton, to whom the prisoner sold some of the stolen goods, and a witness named George Arthur, were examined and testified to the various circumstances which pointed to the prisoner as the thief. In defence the prisoner said he bought the goods from a Swede, whom he met on the road between Masterton and Greytowu, and ot whom he knew nothing. He did not deny having sold some of the clothing to Mrs. Bolton, which he did for the purpose of obtaining medical advice. His Honor asked Mr. Toxward whether there was in the town any recognised person to whom persons of the Danish nationality might apply iu cases of difficulty such as this. Such matters ought not to be left to chance. There ought to be somebody whom they might look to in their difficulty. The present was not a very good illustration, it was true, but it was a distressing thing that these people should be in such an unprotected state. Mr. Toxward said there was no Danish consul in Wellington. The absence of such an official had entailed upon him a considerable amount of trouble, and he intended to write to the Danish, Swedish, aud Norwegian authorities, with the view of appointing a person to act jointly for the throe Governments. His Honor said he had no doubt the Government of the colony would be glad to co-operate in any steps Mr. Toxward might take. As a matter of fact it would perhaps be the better plan that Mr. Toxward should first communicate with the Colonial Government. Mr. Toxward said he had been offered the position of consul, but declined it because he did not feel himself equal to the performance of the difficult duties pertaining to the office. He had, however, recommended the appointment of another resident of the town who, he thought, would he in all respects fitted for the office of consul. His Honor said it was highly desirable that the possibility of injustice to these people should be avoided. Of course Mr. Toxward did the best he could in the difficult position in which he was placed ; but it was desirable that there should be some system in conducting such matters. The jury, without retiring, found the prisoner guilty, and he was sentenced to one year’s hard labor. MISDEMEANOR. William Brown was charged with having defrauded John Howe, publican, of Bull’s, of the sum of £3 155., by means of a valueless cheque. Mr. Gordon Allan appeared for the prisoner. Prosecutor stated that on the 15th July the prisoner called at his house, aud after some conversation asked witness what money he owed him. Told him the amount was 255., and in payment he gave witness a cheque for £5, receiving £3 15s. in change. The cheque was filled in witness’s presence and made payable at Wanganui. Wm. Prosser, driver of the coach between Bull’s and Wanganui, stated that on the 15th of July he received a cheque from Mr. Howe, which he presented at the Bank of New Zealand next morning. The cheque was returned marked not sufficient funds. John Stephenson, teller at the Bank of New Zealand, stated that the prisoner formerly had an account at the bank, of which a small balance (15s. 3d.) still remained. That amount stood to his credit on the 16th of July, when the cheque was presented. Several other’ cheques, signed by the prisoner, and dated either the 15th er 16th of July, were presented about the same time. The account had not been operated upon for six months previously. This was the case for the prosecution. Mr. Allan held that the indictment must fail, because the prisoner had never stated specifically that there were sufficient funds to meet the cheque. In a case frequently cited—the Queen v. Jackson—it was clearly proved that the prisoner had no banking account. One of two things must be proved to secure a conviction : it must be proved that he never had any account at the bank at all, or it must be shown that the prisoner stated expressly, when he gave the cheque, that there were sufficient funds at the hank to meet it. The prisoner made no such representation. He simply gave the cheque. He said nothing of its value, aud the simple presentation did not constitute fraud, unless a man had no banker at all.' Then he would be a mere cheat. Here the man had an account, however small, and he may have concluded that, being an old customer, the banker would allow him to overdraw. But there was another view of the matter. The prisoner did not, as a prudent man should do, ascertain periodically how his banking account stood; and he may have been ignorant of the fact that hia funds had become exhausted. These were the,, various phases of the ease, and as the jury were as familiar with these matters as ho was, he would leave the case with them. His Honor refused to reserve a law point raised by Mr. Allan, the purport of which was that tho prisoner could not be convicted of fraudulent intent under tho circumstances referred to in his (Mr. Allan’s) address. Tho jury having been addressed by his Honor, returned a verdict of guilty, without leaving the box. Inspector Atchison, at the request of the Court, stated that the prisoner was formerly a publican at Saudon ; that he sold his property at that place for about £900; and that his cheques were taken by the tradespeople in tho Manawatu upon the faith of his having the funds and the honesty to meet them. Several cheques bearing the prisoner’s signature had been presented in town, and dishonored. His Honor, in passing sentence, said this was no ordinary case. The prisoner seemed to have adopted a system of wholesale swindling, which must be visited by a severe penalty. The prisoner would, therefore, be sentenced to two years’ hard labor. This concluded the business of the sitting, and the Court adjourned.