SUPREME COURT.

South Canterbury Times, Issue 7062, 7 February 1893, Page 3

SUPREME COURT.

TlMAßU— Tuesday, Feb. 7. (Before His Honour Mr Justice Daanisfcon.) The regular session of the Supreme Court war opened at 11 o’clock this morning. The following composed the Grand Jury: Messrs G. Cliff, F. Osborne, 0. IT. Mclntosh, G. Talbot, G. B. Warbnrton, A. M. Clark, D. Fyfe, J. J. Grandi, J. T. Warren, A. Wyllie, G. Stumbles, W. Ballantyne, F. Falliser, W, MoKeown, P. B. Buudesen, E. Holland, W. Butherfurd, T. T. Thyne, A. Graham, S. Clinch, J. B. Wareing, B. Edgar, A. Humphrey. Mr A< M, Clerk was chosen foreman. His Honour’s charge to the Grand Jury was brief. There were, he said, only two cases, neither of which oiled for special men* tion. There were three charges of forgery and uttering against one person, the facts being of the usual simple character. A tradesman cashed a cheque without inquiry and a bank clerk finds there is no account. That was the whole stoi/, i'he other charge was against two men for stealing tarpaulins. The evidence to be laid before them was that the men were found in possession of the property—there was no dispute as to the identity of the property—they alleged it was given to them while the person who was said to have given it to them denied that he did so, or authorised |t,hem to take it. His Honour impressed upon the grand jury that they had not to try the cases, but merely to see if the evidence placed before them justified a full enquiry being made by a common jury. The common jury panel was then sworn in, two of those called being excused from serving on sworn excuses offered. The Grand Jury returned at 11.30 with a true bill on each of the charges of forgery against John Martin, and a quarter of au hour later returned a true bill against Mubin and Gruhn, charged with stealing tarpaulins, and were then discharged. EOEGBET AND UTTEEING. John Martin was placed in the dock and charged with forging and uttering three cheques on the 26th and 27tb December last, for £4 10s, £llos, and £3 10s respectively. He pleaded guilty to each charge. When asked if he had anything to say he asked His Honour kindly to accept a statement he bad written, and banded up three pages of foolscap. After reading it His Honour said it was a very specious statement, containing many as* . sertious which seemed improbable and could not be accepted on the prisoner’s bare assertion. His Honour called for further information, and Detective Livingstone was sent for, and gave] some information respecting the prisoner’s antecedents. Be saw him first in Dunedin gaol in August last, and was then told he would be discharged in a few weeks. He was discharged at the end of September. Seeing the man in Timaru, and knowing that be was a weak kind of person, he kept him under surveillance, but saw nothing noteworthy in his conduct. He did not, to witness’s knowledge, do any work here or try to get any. His Honour said one of the prisoner’s stories was that he had been employed by various persons, and that a fellow prisoner turned up and accused him, so that he lost his work.

Prisoner said be had only worked for one man. a small farmer near Oamaru.

Hie Honour asked prisoner for particulars about another statement in the document, that he bad paid £2, the amount of a cheque he had been convicted of forging there. His Honour then called for the three persona who cashed the cheques, gave them a quiet lecture I on the folly of cashing cheques for a stranger without enquiry, and elicited from each that the prisoner appeared to be perfectly sober when getting the cheques cashed. Addressing the prisoner His Honour said be did not believe his story. It was absolutely unsupported, and a man of the prisoner’s intelligence would know perfectly well that the proper course to take was to procure some corroboration. The offence was one requiring deliberation and could not have been done by a drunken man. The prisoner had practically spent the last eight years continuously in gaol for snob offences, and he could see no reason for treating him otherwise than as a deliberate and hardened offender. The sentence of the Court was that be bo kept in penal servitude for four years on each charge, concurrent. His Honour requested the Crown Prosecutor to have enquiries made into certain of the prisoner’s statements. I/iEOETTV. Christopher Gruhn and John Mabin, wharf labourers, were charged with stealing, and on a second count with receiving as stolen, six tarpaulins, a coil of steel wire rope and two ship’s fenders, 'iho charges were repeated in four forms, attributing the property to different parties.—The Elginshire Salvage Company, to the N.M. and A. Company, to the Salvage Company and the N.M. and A. Company, and to some person or persons unknown. Both prisoners pleaded not guilty. Mr James Hay appeared to defend. The following were called as the common jury :—W. MoK. Thomson (foreman) F. S H. Worry, J. Gliddon, J. McDonald, D Stowell, J. Christmas, P. Fraser, John Mair, R.H. Maxwell, D. Mahoney, Gk James, W. Perrier. Mr J, W. White, Crown Prosecutor, sketched the case to the jury. The property had belonged to the Elginshire. The accused had been employed in the work of dismantling the vessel, as boatmen in the punt used to bring the material from the ship to the breakwater. The property was found in a shod in Beawick street, and Gruhn being then present said it belonged to him, Mabin, and two others, that it was given them by Mr Knewstubb, the manager or director of the Salvage Company. The property was worth £25, and he asked the jury whether it was likely that Mr Knewstubb would give away £25 worth of plant. Next day Mabin was seen and he told a different story, that the things were left in charge of J. Strachan 1 and Knewstubb gave them a written order to get them. Two days later when the men were arrested one of them said he knew who had informed on them. Detective Livingstone gave evidence of finding the articles—looked up in a shed belonging to A. White. Gruhn was present, and said, “ They belong to us—me, Mabin, Cook, and Dunn. They came from the Elginshire. Ted Knewstubb gave them to us.” He also said Mr Ralph had advanced £3 on them. Witness took charge of the property and removed it. Saw Mabin next day, and he said the things came up in the punt, and wore left in charge of J. Strachan in Caroline Bay ; that Knewstubb had given them a written order on Strachan to get them. Arrested the accused on the 241 b, and Gruhn again said that he would prove that Knows tubb gave them the things. Mabin said a man named Burns must have informed onthem, and if he (Mabin) got into trouble some one else should too. To Mr Hay: They told their story quite frankly as soon as asked, particularly Grubs. Understood the order on Strachan referred to all the things. It might have been for part of the things. Constable Hallet gave corroborative evidence regarding the statements made by the accused after their arrest, except that he said it was Gruhn who epoke about being informed upon. To Mr Hey ; They spoke quite candidly about the things.

Alex. Crawford, salesman to the N.M. and A. Co, in charge of the Elginshire, described the origin of the salvage operations, and the arrangements with the salvage company, who were to dismantle the vessel and deliver the salvage to the custody of the N.M. and A. Co. Witness gave none of the property to anyone. To Mr Hay; There was a sale of salvage on the Bth Deo. It was the duty of the salvors to prepare and supply a catalogue for the sale, and they did so. The articles now alleged ;o have been stolen were not mentioned in the catalogue. There was no other articles omitted, except a chain, and there was some doubt about the ownership of that. Witness watchsd the interests ef the English underwriters. Enewstubb said nothing to him about tarpaulins or wire rope being missing. To Mr White: The catalogue was prepared by one of the salvers and completed at Dunedin, a fortnight before the sale. Jas. Sfcrachan gave evidence to the effect that he had possession of some ropes that bad been used on the pnnt, and a few other things, that he gave np on Enewstubb’s order, but none of the property in question. He had known accused some years, and bo knew nothing against them. E. Enewotubb, shipwright, Port Chalmers, director of the operations of the Salvage Company, slated that accused were engaged as boatmen. Six batch tarpaulins were put into a punt at the ship to be brought ashore. Saw some tarpaulins covering over the Elginshire machinery on the beach afterwards, i there was a steel rope on board, and ship’s fenders were used on the punt; , he did not know what became of the fenders. Did not give away any tarpaulins, '

I wire ropo, nor fenders, nor give anyone authority to take them. Did not stay till the work was quite done. Semembered writing to Straohan after the work was done, asking him to deliver to these men some gear they had lent him, - an anchor and a piece of line. To Mr Hay : Some things were brought ashore in the lifeboat after the punt was laid aside. Could not say how many tarpaulins came from the ahip, kept no tally of them. After landing the machinery Mabin may have asked if the boatmen could have a tarpaulin; could not say. Did not say they could have the lot • all the tarpaulins—if they would look after the machinery and keep it covered, and look after it till it was sold. Did not return to Timaru before the sale. Saw the printed catalogue. Supposed it was an oversight on Fisher's part that the tarpaulins were not mentioned. Witness never thought about them either, when checking the list. No wire rope was disposed of before the sale, to his knowledge. A good many odd pieces came ashore. The coil outside the Court was about 60 fathoms. Thera was a coil of wire rope on board when witness left. Might have given some of the small pieces away. Gave Captain Falleson one piece of small sized wire rope, some short pieces were thrown overboard, but not coils. Might have told Mabin that the men could have the odds and ends in the punt, but bad no recollection of doing so. Did not recollect telling Straohan that any ropes in his (Strachan's) possession belonged to the Salvage Company or anything of the sort. Had borrowed a piece of line of those men, and gave thorn an order on Straohan to give it up. The order was to enable them to get their own gear. Anything else left in the punt must have been valueless, or they would have been landed. The ship's fenders may have been in the punt; could not say ; would have landed them if he had seen them in the punt. The omission of these articles from the catalogue was an oversight, nothing else j they were not left out because they had been given away. Knew nothing about any*

thing being missing until the police inquired. Did not ask the boatmen to core? up and look after the machinery till the sale ; would adhere to that if four men swore to the cjiitrary. Would not swear that he did not tell Mabin he could hare a tarpaulin ; but did not think he did. To Mr White s At the time of giving the order to Straohan, the tarpaulins were covering the machinery on the beach. At 1.30 the ease was interrupted by the luncheon adjournment.

There are throe other witnesses for the prosecution, and six for the defence.