SUPREME COURT
CRIMINAL SITTINGS Tuesday. February 11.
(Before his Honor Mr Justice Williams.) HORSE-STEALING
John Wells, who had pleaded Gui'ty" to a charge of horse-stealing at Bae's Junction on December 25 last, was brought up for sentence. Mr B S. Irwin, for the accused, sa;d that until the commission of this offence accused had berne a good character, and was a hardworking man. He was in straitened circumstances at the tims of the offence. He took the hois-e to a. district wheie he was ■well known, and attemptid to dispose of it, and then allowed it to 10am at large. He was a mari'ed man, with eight children. He was not addicted to drink. The crime was committed owing to the man's inability to maintain his family and to his being in debt. His Honor His wife seems to have been ill? Mr Irwm sad that was so. He had oee" put to considerab'e expense through h.s wife's delicate health The Acting Crown Ptosecutor (Mr P. S K. Mfvcassey) said the accused was a native of Ba-llarat, and 42 years of age. He came to the colony when he was a httle boy. Sinet he had been here he had been a hard-work-ing man. He went to the Rae's Junction district to work at shearing. In reply to his Honor, Mr Irwin- said the accused had been m gaol since the Sth of January. His Honor: I think this is a case in which I would be quite justified in granting probation. The accused will be admitted to probatioir for 12 months. It is no gcod imposing conditions if he has a wife and eight children to keep.
BREAKING AND EKTERING
"William David Johnson, who had pleaded " G-iuity " to a charge of, on December 17 last, breaking and entering by night with intent to intimidate one Isabella Martin, was called on for sentence. Mr B S. Irwin, who appeared for the accused, said the man was 21 years of age, and a carpenter by trade He had always borne a \eiy gcod character, both as a workman and as a young fellow in the district to which lie belonged. His employer said he was about the best man he had in his employ, and the captain of the Volunteer company to which he belonged said he was one of the quietest, if not the quietest, and best behaved man ia the corps. The sergeant of the section to which ba belonged also spoke well of him. The acoused waa not in the habit of taking drink, but he was under its influence at the time this offence was committed. Evidence as to accused's previous good character was given by Alexander Dempster (captain of the Highland Rifles). Robert Hmvell (sergeant, Highland Rifles), Alexander I'tchell (building contractor), and G M. Thomson (analyst) The Acting Crown Prosecutor sa-.d the accused was a na.tive of New Zealand. His previous conduct was reported to be good. His Honor: I think the case is one for probation. Evidently the accused was overtaken with drink, and this is the result. I do not think it is necessary he should be under tupervi&ion for any lengthy term. The accused will be admitted to probation for six months on cond.tum that he pajs 335, damage caused, and the cols of the prosecution, when these are ascertained
BICYCLF.-STE \LIXG.
James M'Laren. who had pletded " Guilty " to two cnarges of bicycle-stealing at Dunedin on December 24 last, was called on for sentence.
The accused had nothing to say. The Acting Crown Prosecutor said the accused was a. native of Ireland, 35 years of age. and a labourer by occupation. He bore a. very bad character. There were 21 p>evious convictions against him. A list of the accused's conviction 1 ? was read to the court. The man, starting in ISBB with a sentence of six months for assault on a female, with 20 strokes of the birch, had received nine sentences of from one month to three years for theft and 11 sentences of from seven days to five months for drunkenneps, obscene language, breach of the peace, assault, etc. There were six previous sentences by the Supreme Court.
His Honor : The sentence of the court is that you be imprisoned for a term of one year on each offence, the sentences to be coiKMiTent, and. further, as part of the sentence, you are declared to be an habitual criminal.
John Blown, alias White, alias O'Brien, ■ has Bnttain, who had pleaded "Guilty" to a chaige of. at "Wellington, on the 12th Jtpnl, 1907, stealing two watches, was called on for sentence.
The accused made a rambling statement about the offence
The Acting Crown Prosecutor said the accused was a native of England and a labouier by occupation His general character was reported to be bad. There were six previous convictions against him- for theft, possession of stolen property, stowaway, and ll egally on piemises. His Honor . The sentence of the court is that you be imprisoned for a term of 12 months and kept to hard labour. I caution you before leaving that you had better be careful how you behave yourself in the future. You run a serious risk of being declared an habitual criminal and of being detained in gaol for the remainder of your natural life unless yov mend your ways.
A PBOBATTONEII's LAPSE.
Caleb Thomas was changed with fniling t& corunly with the terms of probation impos-esi on him m February, 1307 — name'y, that hv should abstain from drink for a period ftf 16." months.
Constab'e Marshall, stationed at Kaitan. gata, said the accused was convicted on tlio 14th December last of being found on licensed premises during the currency of a. prohibition order. On the 11th January ho wa<? convicted and fined £2, in default on-a month's imprisonment, for procuring liquor during the currency of a prohibition order.
The Acting Crown Prosecutor said the man had a wife and six children, but had not supported them for some. time. When under the influence of drink he was exceedinglyviolent. The last time he w«a drunk he broke the windows and the furniture of- th« house he was in, and ill-treated his -wife. His children had been committed to th< Indu=trial School and his wife had to worM for herself.
His Honor: The best thing that couU happen to you is to keep you away front arink for a time. The sentence of the court is that you be imprisoned for a term of 13 months and kent to hard labour, the imprisonment to date from to-day.
IN CHAMBERS
(Before his Honor Mr Justice Williams.) Probate wa? granted in the estate of Edward Thornburgh (deceased) on the application of Mr Adams.
Re George Milne (deceased). — Motion fo* remuneration to executors (Mr Finlayson). — Rrfened to registrar.
Re John Bell Blair ("deceased). — Motion tc am?sd- petition (Mr Finch). — Order accordingly.
"\Yat=on v. The Southland Frozen Meat nnd Produce Exuort Company. — Summons for discovery (Mr Macdonald). — Order accordingly
In the matter of a niPinc-andum of transfer from James William Johnpon to Edith Annie Johnson and Charles William John Eon. — Petition for appointment of new trustee (Mr G alia way). — Older in terms of prayer.
DIVORCE AND MATRIMONIAL.
Wednesday. Feeeu \ry 12. (Before his Honor Mr Justice Williams) TUDOR V. TUDOR. Husband's application for divorce on the ground of des&rtion. Mr H. D. Bedfoid appeared for the petitioner, John Jaaies Tudor, of Dunedin. dyer find cleaner. There wa« no appearance of rh« respondent. Elizpb»th Findlay Tudor. Ti-.e petitioner said he was manied to the r^.~ T. 1 ,ip.it on the 4th Ju'y 18S9. In May, ■<• „., „..„,. w :f|, another man. She came back in eight weeks, and stayed ■with witness for a fortnight. His Honor. Did you take her back? ~ Witness- Yes, your Honor Witness, continuing, said he took proceedings for divorce •gainst his wife on the ground of adultery, but withdrew that for the sake of the children. His wife left him again, snd he had •^.. Jit.i since It was now five years si. ico be s?w her. It wa? about Coronation tiin<* Fi'ie went away. He als-> fixed the date by the fact thrt the Torrey-Alexander mission came to Dunedin about that time. He did not know hia wife was going away unti> he returned home at half-past 1 o'clock oni Saturday afternoon. "Witness was working at Moms and Seelye's at the tinie_. Witness mentioned to a friend (George Newton) tha-t his -wife had left him. His wife- came back about 18 months ago, saying she wanted? to see the children. She sfl.id she would not live with witness. The children were not a* home at the time. AVitress to!d her sh« could not come into the house un'ess sho returned there to Jive. Witness had not seen her since. . ,„,-,> Corroborative evidence was given by trlndyv Tudor and George Newton. Decree nisi granted, to become absolute in three months.
Thursday, February 13. (Before his Honor Mr Just ; ce Williams.) SCOTT V. SCOTT. A husband's petition for dissolution of marriage on the ground of desertion. Mr A. C. Honlon appeared for the petitioner, David Howie Scott. There was no appearance of the respondent, Emily Scott (nee Chilcroft). Mr Hanlon said the parties were msjrried on the 2nd July, 18S6, and lived at Kurow. There was one child, oged 11 years. In June, 1901, the respondent left her hus-band, and, it was believed, came to Dune-din. Afterwards the petitioner heard that she was in company with a man named Wilson, from Kurow, but he could not get any definite evidence. At any rate, she had net returned to hin fiom that date to this. Evidence was given by the petitioner ( . coal miner and farmer) and James Duffi\ (farmer, Kurow). Decree nisi granted, to become absomtr after thiee months.
CRIMINAL SITTINGS Monday. February 17
(Befoie his Honor Mr Justice Williams.) His Honor tcok his seat on the bench at half-pa=t 10 o'clock.
THE GRAND JURY.
The following gentlemen constituted th« Grand Jury: — Alfred Andeison (foreman). Henry Shrimpton. John Hugh Bethune, William Hitchcock, John Frederick Bailey, William Crawi'ord Burt, Henry Robert Law, David Calder Grove", Alfred G. Birt. William Elder. Philip Milburn. George Hutton Moodie, William Boattie Mouat Fea, Archibald Jame3 Sulh\an, Robert Cassels Glendining, Robert Bauchop, John Armour Hopcxaft, Arthur Jeffs, Alexander Murdoch, TLhomas Diummond, G. A. Fenwick, "William Baunerman. and Alexander Begg.
ins hoxor's charge.
Ilis Honor charged the Grand Jury in th« following terms: — Mr Fore-man and Gentlemen of the Grand Jury.— l am very glad to say that your labours this morning will be very light. There are only three cases, and none of them is of a particularly serious kind. There is one where the accused is charged with robbing a drunken man. The question there is as to the identity of th« accused, and as to this there is a good deal of evidence. Theie is another case where » man is charged under section 321 ot thy Code with writing a. letter containing threats to kill. Section 321 makes that a- criminal offence. There was a correspondence between the prosecutor and the accused, and in one of these letters thfr accused uses this expression • "' If anything has come over mjt dear wife, you lying dog. I will shoot you as dead as a door-nail." That, of course, is a threat to kill within the meaning of the section. The other cafe is where a person is accused with having broken into a hous« with intent to intimidate or annoy. That ia made an offence under section 323 of the Code. It appears that two persons -weirecharged with this offence. One of the accused pleaded " Guilty, ' and has already been sen< tenced. He was, in fact, admitted to probation on certain terms. The deposition* show that the one who has already been dealt with was the principal offender. The onlY question is as to whether the present accuse^ was acting in contort with the one who has
Steady pleaded giulty. As to that, I think you will find that there is prima facie evidence. You will remember, gentlemen, that your duty is not to decide finally on tho rniilt or innocence of the accused, but simply to say whether prima facie evidence is brought before you on behalf of the Crown. fc-hich it behoves the a-censed to answer. If that is the case you Will find a true bill. So far as appears from the depositions it seeme to me that in each of the cases beforo you such prima iacl« evidence will be fortncoming. If you will kindly retire to youi room the bills will be laid before you.
TRUE BILLS. The Grand Jury returned true bills in the cases of Willaim B^oth. assault and robbery. *nd John Mowal. injuring dwelling with intent to annoy.
"m'coknoceie's case. The Foreman of the Grand Juxv informed his Honor that, in the case of Da\ia M'Connoohie, the yoiuiger. charged with sending a threatening letter, the puncipal witness, H«nry Bruhns, did not appear, and the only evidence before the jury was that of the constable, who knew little of the master. The Acting Crown Prosecutor (ilx c. t>. Jx. Macassey) said the prasecut on m the lo^ ver court -was a private one. He had been informed that the man had not come down, although he was bound o\er to appear. His Honor said he did not see how the Grand Jury could find a bill m the case. How was It that the police had not shepherded the man ar.d brought him down? Th« Acting Crown Prosecutor said the information was laid by the pio«c«tor himself. The police had not token it up. His Honor: Have you read the depositions. Crown Prosecutor. Yes. your I think it would be exceedingly "STAff'S&n 11 H ThT' S^l^b?!. 1 . 'pni* custody Bine* the proceedings in the lower court, •was then discharged.
ASSAULT AND BOBBERY William Booth was charged with having, , <m or about the 31st January 1908. at Dunedin robbed Harry Craddock Harks ton Hill of the sum of £6 in money and an umbrella (Value ss), and with at the same time using L™ sonal vioW to him. On a second count fe" w» s tor having assaulted tfaa prosecutor, with intent to rob him. and on & third count with assaulting him. > Mr L T. Burnard, who .appeared for the defence/ said the reused pleaded "Guilty , to the third count. and guik> to tue> Ot The Acting Crown Prosecutor said he cou'd j not accept the plea. The Acting Crown Prosecutor said the prosecutor was a ye erinary surgeon .residing in Great King street On January 31, abou8 o'clock in the evening, he went to Branson's Hotel, wl-ere he had a couple of drinks. On coming out of the hotel he went towaid* the Victoria Hotel. He in«t the accused and another jntn. He did not know the ; accused, but the accused accosted him, an* said " Good-n-ght." The prosecutor replied ■ •"Good-night." The prosecutor and the accused went into the hotel, the other man .remaining outnde. Kill h&d several- sovereigns in his waistcoat pocket, and in paying for the 'drinks he pulled these out of his pocket. The accused was in a position to see them. On leaving the ho'el tLe men wrere joined by the third man, and they all went to the Adelaide Hote 1 . The men had drink there, after which tl.e tiurd man left. When the prosecutor and the accused came out of the hotel they walked into Great King street. Accused asked Hill for nK>ney. but Hill did not reply and walked on. Xear the Hospital gates the accufed again a«ked Hill for money, and put his arm round him aad knocked him down by putting his knee in the middle of his back, at the same time makmg another demand for money. There was a struggle oi tl c ground, after which the accused ran away. Later on the prosecutor foui.d that he had lost his money. Detective Ward met the accuGed on February 2, and told him there w«3 a charge against him of having assaulted a man in Gieat King street. The accused then denied that he tad been fii Branson's and Ba'tmj's -Hotels. The question for the jury was whether the accused was the man who a=sau ted t':e prosecutor and robbed him. Evidencs for ;he Crown was given by tae prosecutor. Okve Smith (barmaid. Victoria Hotel), Robert Todd (barman, Adelaide Hotel), Dorothy Hill (wife of the prosecutor). and Detective Ward. Mr Burnard. for the defence said the evidence would show that both the accused and the prosecutor were in a state of semiintoxication Shortly after leaving the hotel they bad some words in Great King street. Several witnesses obser* ed the occurience * Three of the witnesses of the row were at present away in the shearing sheds, and ' could not be produ:ed. Another witness named Lowrie would swear that he saw the occurrence — a bi^ef scuffle on y A'exander Lowrie and William Michael gave evidence for the defence The former aa id he saw the tueu. wuo were both intoxicated, fall ou the sirest and engage iv " a bit of rough-iiid-tumble Learned coun=e: addressed the jury, and his Honor summed up. the jiny retiring at 8.20 p.m. At 4.10 p.m. the jury reuirneri ■with a verdict of " Guilty " on the main counts Sentence was deferred. IXJUBISG A DWiXLING-HOUSE John Mowat \va= charged vith. o:i or about December 17. 1907. at Du.icdm. injuring a dwelhng-hcu-e of Wiihani cieny Martin, itfjth intent to annoy the occupa-Hs. Mt A C Hanion. with Sir L T Burnard, appealed for the a^u-eci v> .o i .eaded " Not guilty. ' The Actng-Crowi: Pro=ccu'c. -.i.d tn.it ip the night in question abov r half-past 10 o'clock, two girls named Jes-*.e Mai tm and Elsie Rhir.e were proceeding down Fiederick Btreet on tiieir wa*- home, when they we.c accosted b; two ive r . named John Mow at and vsiiliam David Johnston both man being in uniform The men v/ liked ■ i^u the girls as far ss Caste street, wh.re tiiev jiafted company. Later on a knock came to the door of the house m wliica the \girls and so ne other people lived In reply da one of the occupants (Mx Ke!!\ i (ne mvn said they wanted in. Johnston w«s heard to call out " Stand on one side," after whicl"» he struck the door with his bayonet ,T!'e men ■then went to the front door and started hammering at it with a bayonet. Mrs Martin went out to them a-ud told them to go away. The men .spoke to her in a yery uncivil -way. One of them said . " Ct>me put; jou're not the bit of stuff, and I'll ut it through you." She then sent her f 'n for the police. Constable Mason, who Qime in answer to the summons, saw the 5/O men with their bayonets, slashing about oi the garden. The door had been considerably damaged, evidently by Johnston. There t?©re 18 stabs in one door. Constable Mason "Arrested Mownt Oa the way to the Polue 'Station Mow.'i =t d "I didn't do it. It Vas ruy ru.iV' 1 do not know where he livea " Ibe uj.^u^e do' c to t!)p d >or vris ■.sussed at 35-°. It vt- p'o\ i iffl 1 a fpc'.ptt of »J- th t --■. , c - vlij .>ttrm'i*od
' to intimidate or annoy any per=on By bieak^ ing or injuring or threatening to break or , injure any dwelling house wa a liub'e to fi.e j years' imprisonment Johnston had pleaded "" Guilty." and was before the court last I week, when he was admitted to probation. ! on certain terms. I Jessie Martin., the fiist witness, sfiid thpt, ' in company with Miss Rhine, she spent the evening of the 17th December in the Kaikorai. In the lower court she =aid they had spent, it m South Dunedin. Miss Rhine told her ,to say they were at South Dunedin On returniLg to town about half-past 10 they met - two men m Frederick street 'llie two men I neie in uniform. They walked down the 1 street with the men, and parted with them at the corner of Frederick and Castle streets. The men had been drinking. The remainder of witness's evidence was in accordance with the opening statement. j Elsie Rhine said that, with Jessie Martin. , she spent most of the evening of the 17th I December in the Kaikorai. They got back to i town about half-past 10, and in Frederick street they saw several men standing near a corner. Witness was spoken to by one of j them, named Henderson, whom she knew. Mi.=s Martin went over end spoke to Mowat and Johnston. Witness said to her to come on or she would get into a row for geitiiig home late. Miss Martin said she would not come. Mowat and Johnston then cam* across, and witness walked down the street with Mowat and Miss Martin with Johnston.
They parted at the corner of Frederick ar.d Castle streets Witness then detailed the • assault on the house. Evidence was also given by George KeHy and Isabella Martin. At 3 o'clock the further hearirg of the case was adjourned until next morning.
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Otago Witness, Issue 2814, 19 February 1908, Page 37
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3,540SUPREME COURT Otago Witness, Issue 2814, 19 February 1908, Page 37
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