SUPREME COURT—Criminal Sessions. (Before His Honor Mr Justice Ward.)

Te Aroha News, Volume IV, Issue 174, 16 October 1886, Page 8 (Supplement)

SUPREME COURT— Criminal Sessions. (Before His Honor Mr Justice Ward.)

Auck And, October 8. Larceny.—James Leslie Martin and Daniel Dooley were arraigned on a charge of having, en the 29th of August, with menace, demanded from Pierre Guegnier certain money and a horse, the property of the prosecutor. There were two other charges against the prisoners; —Mr O'Meagher, who appeared for the accused, aeked that the case might be put off, os he was not prepared to defend it. — His Honor said he could not allow this, the prisoner having had plenty of time to make ready his defence.—The prosecutor was this morning examined by the accused (Martin), and said he did not see Martin there. Did see the pigs. He brought the gun because there were several men. Did not present the gun at Martin. Did not know if the gun was loaded. Did not cock the gun. Did not give Dooley any ginger wine. Martin opened the door, and Dooley took it. The door was closed. The door of witness's own house had the key in the' lock. Went outside because he was told that he had botter give Martin two or three pounds, that he might not kill him on the road. Understood the Englieh of cheval. Was told the receipt waa for a home. Somebody was on the horse's back. He had some of the pigs on its baok also. It was too dark to see the number of pigs. They were in bags He saw thraa put in baqa when they were killed.—Jarvis, examined, said he saw the two prisoners and five others on the day in question. Pierre was bleeding at the face, and seemed very frightened. He cried out for help to some man near Witness thought they did not help because they were frightened that they would get the same as Pierre. Witness knew that was the case with himself. Dooley told witness they only intended to get something out of Pierre. They did not want to take him to Whangarei. Cross-examined by the prisoner Martin : Lived at the Wairoa. Was HOt at King's fire when Martin first came into the whare. Heard Martin say that Pierre wa3 going to give him a hor?e sooner than be taken to Whangarei. Did pay that Pierre deserved a " hiding," but did not know why he said so. That was a week before this disturbance. —Frank Ormande gave corroborative evidence — Cross-examined by Martin : Pierre said when he took the gun, "I shoot, I shoot." Martin took Pierre by the collar, and said "He shamming." — John Nalor gave evidence as to assault on Pierre and the taking away of a horse by Martin, which Pierre supposed was only borrowed till the next day. Pierre was greatly excited when be took the gun and went out. (Left sitting).

October 9. Larceny With Threats.—After we went to press yesterday the jury, in the case of James Leslie Martin and Daniel Dooley, re turned a verdict in favour of the prisoner Dooley of not guilty, and of guilty against Martin. Dooley then, the Crown Prosecutor having withdrawn the other charges against him, was allowed to leave the dock. The Crown Prosecutor wishing to consider if he would proceed against Martin on the other charges against him, the prisoner was remanded. James Leslie Martin was brought up for judgment in the caee of horse stealing reported yesterday.—The Crown Prosecutor having withdrawn the other charges againßt the prisoner, His Honor sentenced him to two years' imprison mont, with hard labour,

Larceny From a Dwelling.—John Knox was charged -with having stolen a silver watch, a gold chain, and a brass ring from Sarah Perrimont, a servant at the Foresters' Arms Hotel. — After a number of witnesses bad been examined, the prisoner addressed the jury, who, after half-an-hour's absence, returned into Courfc with a verdict of not guilty.—The prisoner was then disoharged with a caution from the

judge. Uttering. — John Bradie, alias John Brodie, pleaded guilty toa charge of having uttered a cheque for the paymeut of money. —There waa another charge against the prisoner of obtaining money under false pretences —His Honor, in sentencing the prisoner to 18 months' bard labour, commentod strongly upOn the gross carelessness of the person who cashed the

Labceny as Bailee. — Cbas. F. Baker pleaded guilty to an indictment charging him with stealing 18 billiard balls, in August last, the proj»rty of Fred F. Murray.— The Cemrt sentenced him to Bix months' hard labour.— -Hia Honor observed that thia was one of those eaeee, now so common, of persons, "wbo, getting things into their possession honeßtly," then sell them, not inquiring whether they have the right to do so or not.

Indecent Assault.—William Reid waß arraigned on th 9 charge of indecently aßsaultiner, and aleo with wounding one Jessie Fret well, in July last, f Mr Cooper appeared as counsel for the prisoner, and Mr Williamson, Crown Prosecutor appeared for the Crown.—The proseoutrix, Jessie Fretwall, iB a little girl "of eleven years of age, the prisoner being a farmer between 60 and 70 years of age. He lived with his family, at Cambridge. — Jeeaie Fretwell being called, was too overcome to say anything, at first, crying bitterly. The eight was a cad one, ibe little girl' who is only a child of tender years being evidently very frightened and miserable — His Honor did his best by speaking in a very kind way to the little one, to get her to tell something about the case, but she would not answer; whilst in the box. His Honor then had her brought up to him on the Bench,,/when she, after some time, in answer to His Honor, said she knew where people went to who told lies; also that ■ she knew it was wrong to lie. His' Honor said, *'Do you know if you will be puniehed if you tell a lie." The ,girl could not answer.— The father of the little girl was allowed to come forward to try, and get her to; speak, and, as he was very ill, had- to sit in the witness-box. A long argument took plaoe as to whether the little girl k could give evidence without knowing the nature of an oath.—Hit Honor then told the jury that ,»s .the prinoipal witness for the prosecution did not know ,the nature of an oath, they must return a verdict of not guilty iq this case.—The jury) having done ho, the pjrjspaetwas, discharged. —A murmur of dUoatisfaotion wm heard in

Court at the result of the learned argument. ,' ', ' '• Burgla&V.- Job^Colly and Henry Jones, two youny men, were arraigned on, an indictment chaffing them, with being, in September last, in the house of one Harriet Had field, - wherin they , stole 32 bundles of cigarettes, cigars, and a quanty of tobacco. There was another charge against them' of, receiving the same, knowing them to ' be stolen — William Dyer, labourer, who, appeared to give Queen's evidence, came ' aßhore from a boat where he hail been working on the 7th of September last, and slept in a stable with the prisoners. It was there arranged to go into the shop in Grey street to take the things. Witness got in by the fan light, and the door was unlocked ; the two prisoners waited outside. Witness also took lid in ooppers out of a till. He gave all these things to Colly and Jones, the 'prisoners. The former- gave witness 3s for his share of the tobacco, etc.— By Colly: There was only Jones present when witness shared the things with Colly. •& Harriet Hatfield gave evidence as to the house broken into, also as to the things missing,- James Davis, baker, gave evidence as to eeeing the two prisoners and another coming away from Mrs Hatfields at about 520 in the morning.— By Colly : Will swear that you were one of the boys I saw. — By Jones : Could not swear to you. —James Joseph , Twohy, detective in the Auckland police, said that from description given him by the last witness he looked for the prisoners, and found them on Saturday, the 11th September. They were all together. He took them, with the witness Dyer, to James Davis, the baker, who recognised two of them, Colly and Dyer. — The jury, after being add resaedttp His Honor, retired for 15 minutes, when they returned and gave a verdict of M Guilty " againet the two prisoners, on the counts of receiving and aiding and abetting in the rebbery of the articles already enumerated. — The piisoners were sentenced to three years. CflKiaTiAN John3bk was arraigned on the charge of indecently assaulting one* Matilda Francieoa Johneen, under ihe age of twelve years. The case, as stated to the jury by the Crown Prosecutor was that the girl was the daughter of the prieoner. Matilda Francesca Johnson, who said she was only eleven years old, .after proving she knew the nature of an oath, said she lived with her mother, father, and brothers at Tauhoa, near Port Albert; she helped to work on the farm which belonged to her father. Prisoner was sentenced to five years and two flogging's.

. Jnj>boent Charge.— Mr Napier, counsel for the defence objected to the admission of the wife's evidence against her husband. — The objection was sustained. Captain Hearne, sohoolmaster, gave evidence with reference to statements made to him by the little girl.— Joeeph Weeton, farmer, and James Frederick Carolin, medical practitioner were also examined. —This cloeed the case for the prosecution. — Mr Napier having addressed the jury for the defence, His Honor said tnat the prisoner was indicted on two counts. He said the evidence of the medical man had reduced the charge to one of indecent aseault. —The jury retired for about a quarter of an hour when they returned a verdict of guilty of an indecent assault.-— The prisoner said that he hoped His Honor would not be hard upon him, as he had several young children at home. - His Honor said : " Prisoner at the bar, you have been found guilty by the jury of a foul and disj gm ting assault upon your own daughter, a crime tbat is now becoming much too frequent, but which language can scarcely be found to fully express the disgust engendered by such con* duct. You have used your authority in euch a way aa may probably tarnish the fame of your child for life. I shall waßte no further words upon you, but sentence you to penal servitude for five years. You will also be twice whipped— once on the 20th of this month and on the 20th of November.

Burglary — Hio Honor gave judgment as follows against the prisoners John Colly and Henry Jones, who were charged with breaking out of" premises in Grey -street :— " Prisoners at the bar, you evidently belong to the class which is beginning to infest come of the larger cities of the colony. One of your number was sentenced a few days ago to three months and twenty-five laahea for an act of brutality. You, however, appear to have selected a more systematic course, and have taken to burglary. You will therefore receive a much more severe sentence, in one particular, and will be prevented from carrying out this practice for some time at least. You are sentenced to three years penal servitude, with hard labour.''

October 11. Setting Firk to a Gaol.— Jeremiah McCaithy was arraigned on the charge of setting fire to the Opotiki gaol.— Alfred John Sisam, constable, said he arreated the prisoner for assaulting him in July whilst he was arresting prisoner* brother. Witness heard prisoner ask his brother in the adjoining cell if he was c6ld. He soon afterwards called out "Fire!" and the gaol was discovered to be on fire. The flames were in two parts of the cell. The prisoner's straw mattress had been used for lighting up with. The walls and floor of the building were slightly charred, Prisoner escaped whilst witness was putting out the fire, and was recaptured three days afterwards. Witness did not think prisoner was in his right senses when he arrested him. By His Honour : Prisoner j was a very well conducted young man when not under the influence of temporary insanity. By the Crown Prosecutor": Had prisoner under his charge about three weeks before, when he was suffering in that way. William Marwood English, who was a prisoner in the same gaol as the accused, gave evidence that he heard the prisoner calling out fire. He corroborated "the last witness in other matters. His Honor thought the case had gone far enough, and the prisoner then read a statement to the effept that he was labouring under great excitement at the time of his arrest, and had done what he ■ was charged with without knowing jwhat ho was about. The jury returned > a verdiot of guilty, whilst suffering under a fit of temporary insanity, and Hia Honor directed that the prisoner be conveyed to the Lunatic Asylum, there, to be confined during the Colonial Secretary's pleasure.

Arson :— William Marwood English was charged with setting fire to the building of the Offices of the Opotiki Farmers Association.—Mr Cooper appeared for the prisoner. The Crown Prosecutor, in opening the case, asid the, prisoner had a motive in doing what he was charged with namely, the destroyingof the books of x the Associa- '> tion'of which he was' Secretary.— Robert Adams, bookkeeper, of Opotki, said he sew prisoner on tbo 29th June last, at 8.30, coining from the Association building. He qomplained of "the boys havingbeen up to their pranks again," and showed witness a lot of papers that hai been > burnt. The pigeonholes in the office were all charred. The prisoner drew witnessVattentiori t6 th» volcanic dust >on the window ledge having been disturbed. Traces would 4 have' been leifc on the volcanic, dust outside, which was half an inclr deep, CroiS-examined by,- Mr Cooper, :,o(The, first words prisoner «Md were Jnto the building; the boyi have been up to their pranks again,'?

Mr lachfieldi'liwbo a,,Btout m^n, did manage to get in through the window without dust. Henry George Walmsley said prisoner showed, him where a fire had taken place in the,, rooms J of the Association. "The' walls were saturated wijbh kerosene. A small glass (produced), had , also, kerosene, in it. Prisoner aaid be had found the front door locked a~. he had left it the day before. The window was fastened, and in the opinion of witness,' could not, have, been opened from the putaide. Witness audited the prisoners accounts shortly afterwards and found a deficiet of £60; a /number of entries which should have .been therein which were not. Cross-examined by Mr Cooper: Saw no attempt to conceal the fire or its effects. The prisoner assisted witness in every way, when making out the ballance-sheet of the Association, and also in investigating the affair of the fire. John Gordon, farmer, Opotiki, and President of the Association, corroborated Mr Walmsley's evidence as to the prisoner giving all assistance needed in putting right the books of the Association. When the prisoner waa prosecuted for embezzlement in connection with this affair, the Association never consented to the prosecution taking place. — Charles Drykie Litchfield, accountant, gave evidence as to the appearance of the office where the fire took place. There was evidence that the dust not being disturbed on the window. No one got in the room that way. Prisoner told witness he found the window open. Vitness had examined the books of the Highway Board, and the Druids Ledge. These proved that the prisoner had money belonging to these societies. Prisoner teld witness some of these books had been burnt.— Joseph Hudeon, brickmaker, and Alfred John Sisian, constable, also gave evidence.