SUPREME COURT.—CRIMINAL SITTINGS.

New Zealand Times, Volume XXXIII, Issue 5241, 10 January 1878, Page 3

SUPREME COURT.—CRIMINAL SITTINGS.

Wednesday, January 9. (Before his Honor Chief Justice Preudergast.) sentences. Edward Tyler (46), who had been found guilty of obtaining goods by means of a valueless cheque, was brought up for sentence. John Staples, brewer, and Frederick Noble Campbell, auctioneer, were called to give evidence as to prisoner’s character. Both testified to his honesty, though the said he bad been dismissed from his service through drunkenness. His Honor stated that he was informed prisoner had been convicted at the District Court, Masterton, for a similar offence, for which he was sentenced to four months’ imprisonment ; and also that he was now undergoing the punishment of three months’ imprisonment for a similar offence committed hero. It was true ho had been for several months in the employ of Messrs. Beauchamp, Campbell, and Co., auctioneers, who were satisfied with his honesty, and during his employment with them he endeavored to retrieve his character ; but after leaving them it would appear that these efforts were discontinued. ' In this case he (his Honor) was bound, according to 1 a fixed principle, when one offence was followed by another of a similar kind, to take cognisance of the same. He very much regretted having

to" do so,; but nevertheless he was bound to inflict a severe sentence. was sentenced to two years' imprisonment, with hard labor. : , . , James McDougall (40), who had been found guilty of acting indecently towards, a little girl at Masterton, said he had been thirty-one years in the colony, and this was the first time he had stood a prisonerin the Supreme Court. He hoped it would be the last, and he would ask the Court to remember that he had been nearly three months in custody. His Honor: I am informed that you have been repeatedly convicted for drunkenness and vagrancy. Mr. Read; The longest term he has had was three months, which was in 1865. I have known him for the last fifteen years. His Honor said there were circumstances connected with the case that led him to think that prisoner did not intend to do any injury to the child. The sentence of the Court was that lie be imprisoned for twelve mouths, with hard labor. William John Lawrence (24), found guilty of obtaining £2 Bs. fid. from Charles J. Hughes, of the Melbourne Hotel, Willis-street, by means of a valueless cheque, and also with obtaining £3 by means of a valueless cheque, from Horace Ames, publican, at the Upper Hutt, was then brought up. Prisoner, who appeared to feel his position acutely, said: This is the first time I have ever been-locked up, and as regards character, I have only been in the country for six months, and X have not been at work with any one. I have several private friends, but I presume that will not satisfy you. With regard to the offence with which I am charged, I had no intention whatever to defraud, as One wiio knows the secrets of all hearts can judge. I had money at two banks, but was uncertain what the amount was, nor did I know how much I had taken out. His Honor was not prepared to question the propriety of the verdict. The jury had, in his opinion, properly convicted. It was very distressing to see a person occupying a respectable position commit such an offence. The sentence for the robbery from Ames’ would be six calendar months, with hard labor ; and for the second offence, which was committed shortly after the first one, he would be sentenced to three months’ imprisonment, with hard labor. HORSE-STEALING. Richard Ross was indicted for having, on the 22nd November, stolen a horse, the property of W. Mackie, butcher, Palmerston. Mr. Barton, who had been retained for accused, asked that the trial should be postponed until the next day’s sittings, on the ground that a very important witness could not attend at present; and he had also a perfect sheaf of Maori letters bearing on the case. The Crown Prosecutor would make no objection to the remand if it was legal. The remand was granted, bail being allowed in two sureties of £IOO each. ASSAULT AND BOBBERY. Edward Hughes was indicted for having, on the 2Sth October, assaulted William Robert Overton, and stolen from his person a gold watch. Mr. Barton appeared for the defence, and had all witnesses ordered out uf Court. - William Robert Overton, who described himself as ■ manager for Pasooe and Go., brewers, stated that about midnight of the 28th October he was returning home from Pipitea along Lambtoa-quay, and when passing under Alcorn’s verandah, prisoner sprang out of a passage and struck witness a violent blow in the face with his fist. He then threw his arms round witness, and shortly afterwards he found a gold watch had been taken out of his vest pocket. Another man named Thomas Keenan also assaulted witness by striking him, and then ran away with Hughes. Thomas Campbell, a carter, deposed that in October he was living at Smart’s cafd, on Lambton-quay. On the night of the 28th October, while lying in his bed, he was disturbed, by a street row, and immediately dressed and went out to it. After moving among the ; crowd until it dispersed, he returned to his bedroom, found the gold watch produced in his coat pocket, and identified it as prosecutor’s. He did not make known his possession until he sold it to a barman named Jimmy, iu Urwiu’s Hotel. He did not attempt to find an owner, but looked in the newspapers to’ see if it was advertised for. Detective Farrell stated that since prisoner was in custody on the present charge he had received from him a letter, in consequence of which he had a communication with him. From: what accused told witness, he called upon Thomas Campbell, and was informed where the watch was. Martin Geohegan, formerly billiard maiker at Urwiu’a Hotel, stated that in October last the witness Campbell was in the billiard room, and produced the watch in question, which he offered to sell witness, and said he had bought it from a young man in the country. Witnesswould not buy it, because he had formed a resolution thirty-three years ago never to buy any jewellery in a billiard room. The watch was subsequently disposed of to a barman in the hotel. Mr. Barton contended for the defence that an acquittal should follow, on the ground that the theft had not been traced to prisoner, and the evidence pointed in another direction as to the culprit. The jury returned a verdict of not guilty. Thomas Keenan was then separately arraigned on the charge of assaulting William Robert Overton on the 28th October, and robbing him of a gold watch. The’ Crown Prosecutor intimated that he did not intend to adduce evidence in the case, and the jury at once returned a verdict of not guilty. The Court rose at five o’clock.