SUPREME COURT SITTINGS. Conclusion of Criminal Sittings. (Before His Honor Mr Justice Gillies.)

Te Aroha News, Volume III, Issue 137, 16 January 1886, Page 5

SUPREME COURT SITTINGS. Conclusion of Criminal Sittings. (Before His Honor Mr Justice Gillies.)

Auckland, January 13. Sentence.— John Considine and Jeremial Driscoll, tound guilty of assault with intent te rob, were sentenced each to twelve calendai months, with hard labour. His Honor characterised the assault as unprovoked. Malicious Injury to Property.— Thomas Dodd and Richard Bowden wero charged with ■wilfully cutting and damaging harness on the 19th October, the property of Joseph Lee.— Prisoners pleaded guilty.— Mr Napier appeared for prisoners, and addressed the Court in mitigation of punishment, and said both prisoners were men of good character, and what had been done was done under provoking circumstances. Although the damage was <-et down at £11, that was the original cost, but the repairing was only 16s.— Mr Williamson said it was done in theheat of the moment, and not as he was instructed from bad feeling.— The prosecutor, Joseph Lee, said he had been put to great inconvenience, and about £9 expense in putting the harness in working order.— Mr Napier thought justice might be met by fine and the amount of damage —His Honor ordered prisoners to find two sureties each in £25, and to come up for sentence at the next criminal sittings of this Court. Larceny.— John William Henry Subritzky was charged with larceny of a quantity of dresspieces, unbleached calico, grey linen, buttons, brushes, combs, and puff-box, on the 2nd May last, the property of several persons named in the information.— The prisoner, a respectable looking man, pleaded not guilty.— Mr Hesketh appeared in defence.— William Rowe Bridgman, draper, deposed that he carried on business hi Auckland. He knew Mr Capper, and on the 17th of April he selected the good* to Mr Capper's order, containing the dress pieces, buttons, hose and other material. He saw the goods packed in a box. 2x6, duly fastened and sewn up with twine. Addressed the box in plain letters to Mr J. W. Capper, Mongonui. Sent it by his lad to the steamer Wellington. He identified some of the pieces by quality and pattern. — By Mr Hesketh : These are similar goods. Would not like to swear that these were the identical goods. — John Francis Capper, native school teacher, residing near Mongonui, said he ordered the goods of Sir Bridgman. Received the invoice, but the goods never reached him. He was well-known in the district. After waiting five months he recovered the val"e of the goods from the Northern Steam Shipping Company. — Robert Wiles, storekeeper, Mongonui, also agent for the N.S.S. Company, remembered the parcel coming to his office, addressed plainly to Mr Capper. Letters painted on the canvas. Saw the parcel on the wharf in the afternoon awaiting transphipment to Awanui, but the next morning it was gone.— Thomas William Smith, member of the Count* Council, knew the storehouse built by the Council for the use of settlers. Was in the custody a native. He went down on the Saturday for some goods for Mr Shanaqhan. He saw the parcel there. It was very distinctly addressed to Mr Capper ; in fact, it was the distinctness of the writing that attracted his attention. The store was kept locked and the key in possession of Wi Tararu, who received 20s a month for his trouble. By Mr Hesketh : The locks were not good. They could be opened by wire by an ingenious person. Otherwise the store was safe. — Mr Subritzsky, senior : Had the key when he had possession of the store, but he objected to keep it. The store was built for the settlers, and every settler could have temporary use of the key.— Maki Ngaru, residing at Awanui. deposed that she could talk English, but preferred her mother tongue.— His Honor : Try how she will get on in English.— Witness proceeded to state that the prisoner gave her a number of things on a Sunday in May. She forgot the date. He gave her the things because of her two children. Subsequentl* he came and asked her to give up the stuff, otherwise it would bring trouble upon his father's house. She returned the things, excepting a few baby-things. Knew prisoner's brother Henry, who with his father and mother came to her place to make inquiries. Cross-examined by Mr Hesketh : Her sister had some of the things. She used most of the flannel in making the youngster's clothes. Prisoner gave her twelve yards sorge and twelve yards of other stuff. Her mother was witness. She was shown a bit of stuff in Mr Bishop's Court, but she did not have a piece from the prisoner like it. Subritzsky's father showed her a piece like it and asked if she got the same style and pattern from her son. She said " No."' The prisoner is the fajher of her two children. She was angry because his father and mother said the children were not hir. They did not like that the accused should live with her.— By Ms Williamson : She had a feeling against the prisoner because he had spoken ill of her.— Karoraina Ngaru, mother of the preceding, gave corroborative testimony. She could not speak English like Maki. She knew the prisoner. He brought her three pieces of clothing, which she described. Lakce>~y (Subritzky's case).— The father and two brothers of the accused gave evidence in defence with the view of showing that John A. Subntzky, the father, had purchased similar goods and presented them to the prisoner. — His Honor summed up, and the jury found the prisoner guilty of stealing the parcel. — Sentence : Nine months' imprisonment with bard labour. Utteki>g a Counterfeit Coin. — Arthur John Fteher pleaded guilty to uttering a counterfeit coin on the 9th of December, with intent to defraud.— Mr Hesketh appeared in defence of the prisoner, a young man respectably connected, and said that it was upon his advice that prisoner had pleaded guilty, the main facts being quite clear. The case was a painful one, but there were facts in connection with it which it was his ducy to brine before the attention of the Court. Since the fall on the head, the prisoner had been at the College and Grammar School, and was making very fair progress ; but unfortunately, while engaged in athletic exercises, he received a shock on the head by a fall, and had since shown some eccentricities of conduct. He was placed under the medical care of "Dr. Kenderdine, who would, if necessary, speak on the point. It was considered, in fact, that the prisoner had not sufficiently recovered, for some time, to be at large. The prisoner had been quite a different lad, but the facts were not sufficient to prove legal insanity, although he might not have recovered sufficiently to be at large. — Dr. Dawaon, Rev Wm. Tebbs, and Mr King were present in evidence of prisoner's recent habits and state of mind. — His Honor said it was a very painful case. There was no necessity, however, for these gentlemen to be examined, as the depositions were explicit on these points. Jbe would consider the case in the hour of adjournment. — His Honor said he had given the case his most serious consideration. Prisoner had been found guilty upon his own confession, and he (bis Honor) felt in accordance with his duty to the public that he must sentence him to four months' imprisonment for each offence, to run concurrently, but considering the stata of his health, without hard labour. Altering and Uttering.— William Murray pleaded guilty to altering and uttering a cheque for the sum of £7 10a 6d on the 6th October, with intent to defraud,— Mr Hesketh explained that the prisoner foolishly altered a cheque for £1 10s 6d into £7 10s 6d, and aeked his brother Thomas to cash it. He did so, without any idea of the alteration.— Prisoner expressed his deep regret for his act of folly.— His Honor, in passing sentence, said he was sorry to see a respectable young man in that position, but he must suffer punishment. — Six months imprisonment, with bard labour. Labceny and Breaking Out.— Harry Jobnstone, alias Harry P. Glower, was ar raigned upon an indictment charging him withlatceny of moneys and postage stamps, on the 16th of .November, the property of Wm. S. Cocbrane and others, and with breaking out of the said warehouse. — The Grown Solicitor stated the simple particulars of the case. — James O'Meara de- ' poeed that be closed the four doors of the warehouse on the evening

of the robbery. The back door was barred. Left by the front door with a clerk in the establishment. On the following morning at half-past eight he found the back door open, and the bar standing against the wall. —William Stephen Oochrane deposed that he left his office that evening about five o'clock. He was the last of the firm to leave. His office was upstairs. There was a safe in his room and another in the office of his clerk , He locked the safes and placed the keys in a drawer. The next morning his safe was opened and the key left in it There were 4s and a few coppers in the mission box. The cash • box had been < broken open, And the contents scattered, but nothing of value was missed. — Edward Bacon, clerk in the adjoining office to Mr Cochranes, gave corroborative evidence. He found the office door open, also his safe. He missed 4s worth of stamps, which were in a email box. The lid of the mission box had been wrenched off, and about 4s in cash taken away ; also his pocket knife from hia desk. Picked up several struck matches under the diocesan mission box. — Frederick Pearce, chief clerk in the employ of Samuel Cochrane and Son, deposed to leaving the store at five, and returning at seven o'clock. He went in at the Queen-street entrance. He left the door two or three inches open. He went into the office to attend to the accounts, Remained there for two hours, He did not hear anyone about, but, on leaving the premises, he was surprised to Snd the cat outside, and the door opened wider by some inches. He fastened the door and left. Saw the prisoner sitting in bhe auction room on the 16th ; sat for an hour at a stretch. Regarded him as a loafer.— Detective Twohey deposed that he knew the accused. Arrested him on the 22nd, while in bed, on another charge Subsequently, he charged him with the robber? at Messrs Cochrane's. He made no reply. Searched him, and found a bunch of keys upon him, and three loose Jeys in his pocket which were missing from Messrs Cochrane's. The keys were his own property, except one, which he found in a right of way. This was the case for he prosecution. — Prisoner had nothing to say to the jury. His Honor reviewed the evidence, and said the law presumes that when stolen property is found upon a person that person is guilty unless he can sati^fac torily show how he became possessed of sneb stolen property. — The jury found the prisoner not gulilty. — His Honor : Harry Johnstone, I do not doubt but that you feel very muoh surprised that the jury have found you not guilty. You are now discharged. Unlawfully Wounding. — Arthur Dewson was charged with unlawfully wounding Walter Freestone on the 6th December.— ■ The prisoner pleaded not guilty. — Mr A. W. Gould appeared in defence. Walter Freestone, labourt-r, residing in Coburg-street, deposed to being acquainted with the prisoner. Was on very friendly terms for three years. Went to Dewson's bouse on Sunday, the 6th, at 7 30 in the morning. Stayed with Dewson and his wife until 9 o'clock. Prisoner desired him to go for a walk. Had two drinks, one in ;he house and one elsewhere. Mrs Dewson iad her glass at home Prisoner went out ;wice, and the second time, being nearly Irunk, he started a row with his wife. He •ailed his wife bad name?, and threatened jo kill her. Prisoner had a tomahawk in bis hand, and held it in a ferocious manner. Witness^ told him to put it down His wife snatched the towahawk from her husband. Dewson then drew an open knife from his pocket, and with an oath, told witness to look out for himself, and rushed at witness and struck him in the neck. He felt faint, and when falling down received a cut on the bead. Mrs Dewson prevented him committing further injury. When he got up he went to the police station and reported the assault. Dr. Tennent attended him. — By Mr Gould : He met the prisoner on Saturday evening, and invited him to breakfast. It was a tomahawk that was used. He did not interfere between the prisoner and his wife Was on terms of intimacy with the Deweous. Was particularly familiar with prisoner's wife, but was not the only one. Dewson was not angry about it. Knew Henry Edwards. Did not assault Edwards onSaturday night Never assaulted Dewson. He had been convicted three times. — By the foreman : The prisoner was quite aware of my familiarity with his wife — Dr. C. E. Tennent deposed to the nature of the wounds. He stitched and dressed the wound in the neck. There was also a scalp wound, 3 inches in length, and a deep scratch behind the left ear. Had no doubt but the injuries were inflicted with a knife such as that produced. The man was not sober. He found a punctured wound on the prosecutor's hand. Sergeant John McMahon deposed to going to prisoner's house and arresting him on the charge Told him the charge. Dewson said he was going for a doctor ; showel him the bleedingj hand, and said it was caused in a struggle with Freestone to get a knife from him. Dewson was dead drunk, and Mrs Dewson and the prosecutor were in an advanced condition. This being the case, Mr Gould called a witness in defence named Edwards, who was in Deweon's house at the time ot the disturbance. He could not speak positively. He was an old pensioner, an! was reading a book under the trees at the time of the row Heard Mrs Deweon scream. — Dr. Philson deposed to treating the prisoner for the woundin Mount Eden Gaol. Dr. Philson described the wound. It was slight, and had been stitched. — This being the case, Mr Gould addressed the jury in defence, and His Honor summed up» — The jury found the prisoner guilty, under great provocation. — Sentence : Six months' imprisonment with hard labour. Forgery —Ed. Lewis surrended his bail and appeared in answer to a charge of forging a telegram with intent to defraud, on bhe 28th of October.— Prisoner pleaded not guilty. — Mr Williamson opened the csaee for the prosecution, and evidence was led at some length. — Mrs Beath Ann McManus, wife of the leseee of the Terminus Hotel, Helensville, deposed that Malone left £4 with her to take care of for him. Could not say that she had seen prisoner before. A few days after she received a' telegram requesting her to Rend the money bo Malone at the Queen's Hotel. Accordingly she forwarded it by her Bon. —William McManus, son of the last witness, deposed to forwarding the money through the post, according to the directions on the telegram. The expense of transmission, 3s Bd, was deducted from the £4.— Alfred Pulling, bush contractor, living at the Manukau Heads, deposed to meeting the prisoner in town and lending him 108 for his wife. They were opposite the British Hotel, left him at the corner of ShortlandBtreet. Met him again at the same place. H»d no drinks.— George Gates deposed to being with Lewis at the hotel at Helens ville on the 2 7 th June last. Malone was there. Saw Malone band the £4 to Mrs McManus. Prisoner might have seen it. Met prisoner two days after outside the Opera House, and went with him to the Victoria Hotel. Did not Bee any transaction between Lewis and Mr Luke,— John Grindley, licensee oi the Queen's Head Hotel, deposed that prisoner called at the hotel and asked for a telegram in the name of Malone. He replied, Yes. He banded it to bim, Gould not remember the

exact address. Thought it was M, Malone. It was about five o'clock. Did not know Malone. -By prisoner ; I swear I handed you the telegram. — Prisoner : If you swear that, you perjure yourself. — His Honor to prisoner : You must not talk in that way to a witness. — By Mr Williamson : Prisoner called twice about a telegram. He identified the prisoner at once among others at the Police Station. — It. F. Luks, proprietor of the Victoria Hotel, deposed that the prisoner and a man named Gates stayed one night in his hotel, on the 26th. On the 27th, prisoner called and asked him to advance £2 on an order from the Money Order Office. He said an order waß as good as a cheque, and he would cash the order in full. He did so ; gave him £3 16 a 4d. He wrote hia name, Michael Malone on the back ot the order, he did so in witness's presence. Had no doubt as to the identity of prisoner. By prisoner : I recognised you among the prisoners at the Police Court. — John F. Schmidtgaveevidenceas an expert to the two signatures, which were identical, and in his opinion were written by the same hand Prisoner having addressed the jury, His Honor summed up, and said the simple questions for the jury to consider were, " Did the prisoner receive the money from Mr Luks? and did he fign the order as Michael Malone at the Victoria Hotel ; or is it likely that Mr Luks was mistaken in the man ?" The jury retired to consider the evidence and found prisoner guilty. — Sentence, six calendar months with hard labour. Unlawfully Wounding. — Stephen March surrendered his bail and appeared on a charge of unlawfully and maliciously wounding Dukes Glover on the 26 h ult, at Ellerslie. — Mr Hesketh appeared for the prisoner, and said, before Mr Williamson opened his case, that it was more of an accident than otherwise, and after hearing Mr Williamson he should advise prisoner how to plead. — Mr Williamson said, from what had come under his notice, he believed that it was accidental, and that no serious harm was intended. — On the advice of Mr Hesketh, the prisoner pleaded guilty to a common assault. — Mr Heeketh then addressed the Court in mitigation of sentence, the prisoner being a respectable man and an old resident in Auckland — His Honor said he had looked through the depositions, and thought that the throwing the glass, as counsel had said, was not done maliciously. — His Honor thought, therefore, as he had widely pleaded guilty to a common assault, the ends of justice would be met by a line of £5, which prisoner was ordered to pay. This closed the criminal sessions.