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SUPREME COURT.

TIMARU —YESTERDAV. (Before His Honor Judge Johnston.) After we went to press yesterday the following cases were disposed of ; STEALING FROM A DWELLING. William Gardiner, charged with stealing goods from Hamilton's boardinghouse, was found guilt} 7 and sentenced to six months’ imprisonment with hard labor. PERJURY. Martin Thyne, a German, charged with having committed wilful and corrupt perjury at the R.M, Court, Waimate, on May 12, was found guilty, but recommended to mercy. His Honor thought a fine would meet the exigencies of the case. He would fine the accused £SO. and require him to find two sureties for his good behaviour for two years, himself in £IOO and two bonds of £SO each, and to be kept in prison until the payment of such fine. HORSE STEALING, James Mack was charged with stealing one bay gelding and one dark bay mare in the month of February last. The case of the bay mare was taken first. There was no defence, and the accused was found guilty. The police stated that the accused was now under sentence of two years’ imprisonment in Dunedin gaol for larceny. The accused was sentenced to five years’ penal servitude. THIS DAY. The Court resumed at ten o’clock this morning. Mr J. W. White prosecuted on behalf of the Crown. THE WINCHESTER ROBBERY. James McManus was charged with stealing one cashbox containing £6 10s in money, the property of Thomas Swinston, of the Winchester Hotel. The accused was undefended and pleaded not guilty.

The short facts of the ease as stated for the prosecution were that on the morning of May- 31 the prosecutor left his cashbox containing three single notes, three half sovereigns, and £3 in silver on a shelf in the har. The box also contained some valuable papers. The box was on the shelf at 1.30 a.ra. on the day of its disappearance. On that day the accused was seen loaning over the har in a peculiar way. and explained it by 7 saying thgt he was looking for a match. 110 was given some, and he then loft. He then went to the Orari Hotel, had dinner there, and engaged a bed. After tea he returned to Winchester about 7 30, and was presently' seen in the har with his swag and one boot off. He asked for a shakedown although he had engaged a bed at the Orari. Later, Mrs Swinston, who was sitting in the bar-parlour of trie Winchester Hotel, beard a noise like that caused by a counter-flap falling. She found the apeused in the bar. Ho asked for a sbake-dovru, but afterwards left, and about ten o’clock the cash box was missed. On tbe accused’s return to Orari be began

spending money very lavishly for a man in his position. He spent two £1 notes and some silver in shouting for those present. Only a little while before this the accused had tramped up from Oamaru with another man, and they only had a penny between them. After the accused’s arrest the cash box was found, and lying near it was the accused’s swag. The cash box contained two half sovereigns when found ; they were secured by a little slide. Some papers which had been in the box were found under a tree, and with them was found a purse which the. accused had been using as a match box. It was true that no person bad actually seen the accused remove, the cash box, but there was strong presumptive evidence that he was the thief.

The accused cross-examined several of the witnesses with a good deal of attempted smartness. He called no witnesses but addressed a few words to the jury to the effect that he had quitted Winchester on the day of the robbery for Orari at half-past one o’clock in the afternoon ; that he had dined at the hotel there, and remained there up to the time he was arrested on this charge. He could only assure them of his entire innocence. He was under the influence of drink while at Winchester, and knew nothing whatever about the robbery. His Honor in his summing up pointed to the strong circumstantial evidence against the accused. After deliberating for five minutes in' the box, the jury expressed a desire to retire to consider their verdict. They were away about 20 minutes, and returned with a verdict of guilty. His Honor enquired whether there were any previous convictions against accused, remarking that he imagined there would be, judging by his insolent manner in the dock.

Inspector Pender said there were two previous convictions against the accused for larcenies committed at Oamaru.

A constable from Oamaru proved a convictionagainst thejaccused forrobbing a till, when he got ten days imprisonment, and another conviction of three days for larceny. His Honor—ten day ! ten days for robbing a till ? —They must have a curious notion of punishing offences in Oamaru. Some people get almost as much as that for allowing their cows to stray.

His Honor then told the accused that there could be no doubt at all about his guilt and that he must be made an example of. He was sentenced to three years penal servitude.

THE CONOOR STACK BURNING CASE,

James Comiskey, Hugh Boyd, and Pafrick Egan, were charged with wilfully and maliciously firing a stack of hay the property of William Gosling. On being asked to plead, Egan said, “ I am guilty, but the other two are quite innocent.” Boyd and Comiskey pleaded not guilty,

The Crown Prosecutor said that he was willing to accept Egan’s plea of guilty, and not offer any evidence against the other two. His Honor said he did not see any reason for doubting Egan’s statement and he was sorry that the other men had suffered. They were discharged. Patrick Egan then entered the dock.

His Honor enquired whether anything had been previously known against the accused.

Inspector Pender said that he was a hard-working man, and nothing was known against him. He was much addicted to drink, however, and had bem in the asylum for treatment for lunacy from drink.

His Honor told the accused to stand down in order that he might take his case- into consideration, and see if ho could, under the circumstances, award a light punishment for so heavy an offence. ARSON. John Scott and John Johnston were charged with wilfully setting fire to four stacks of hay, the property of Johnston, with intent to defraud. Mr Hamersley appeared for both the accused, who pleaded not guilty. The evidence for the prosecution went to show that in the month of May last, Johnston owned a number of stacks on his farm, near Waiho, four of which he insured in the N. Z, Office for £4OO. Scott was employed by him to do threshing. Before his policy expired the four stacks were burned down, and it was alleged Johnston had told a witness named Ford that he had intended to burn them. He said he would make his crop pay even if it was burnt. A witness named Henderson, it was also endeavored to be shown, had been asked by Scott to light the stacks, and had refused. No one had actually seen the stacks fired, and the case therefore rested on circumstantial evidence.

The case was proceeding when we went to press.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/SCANT18810611.2.14

Bibliographic details
Ngā taipitopito pukapuka

South Canterbury Times, Issue 2566, 11 June 1881, Page 2

Word count
Tapeke kupu
1,227

SUPREME COURT. South Canterbury Times, Issue 2566, 11 June 1881, Page 2

SUPREME COURT. South Canterbury Times, Issue 2566, 11 June 1881, Page 2

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