SUPREME COURT.

Te Aroha News, Volume VII, Issue 478, 7 June 1890, Page 5

SUPREME COURT.

* Auckland, June 2. [ The June criminal sessions of the Supreme Court commenced at 11 a.m. , to-day, when the grand jury were ; sworn in as follows William S. Wilson, Thos. Ussher, Walter Stubbing, . Henry B. Morton, C. S. Laurie, John Lawford, George S. Kissling, John L. , Holland, Thos. Henderson, Robert Hall, , John Gilfillan, Frederick G. Ewington, John Douglas, Charles C. Dacre, Richard Cameron, Henry Burton, Frederick Battley, Alfred Ashton. Mr G. S. liissling was chosen foreman. JUDGE’S CHARGE. His Honor delivered hi 3 charge to the i Grand Jury as follows:—“Gentlemen of tlie Grand Jury,—The cases which will be presented for your consideration are not very numerous, but some of them are of a graver character than ordinary, and it is rather singular that there should be almost a total absence of what I may call the ordinary cases of larceny ; in point of fact, there is only one case of that description —a very impudent theft of a saddle from the back of a horse tied at the door of a shop in Auckland. There is also another somewhat singular and similar case where there is a charge of breaking and entering a house in broad daylight, in the view of several persons, andstealingarticles therein. The other charges are such as are considered among the more serious offences. There are two charges of horse stealing, and, no doubt, gentlemen, some of you who have served on grand juries before, are aware that the evidence in such cases isoften of great length and complicated. In one of these cases, there will probably be very little difficulty, but with regard to the other there is an immense mass of irrelevant and contradictory evidence admitted before the Court where the prisoner was committed. Probably, after hearing the statement made by tho prosecutor, you will see that there is sufficient in that case to send it for full investigation in this Court. There is also a charge of sheep-stealing and receiving, in which the evidence is long, but I think not complicated. There are several charges of forgery, and of false pretences, several of these being by thepassingof valueless cheques. They seem to have been committed in an extraordinarily stupid manner, if I may use the expression, and with them, at all events, the evidence is sufficient to send the accused for trial. In one case, the prisoner is charged with endorsing a cheque which was not for him. It will be for you to consider whether there can be any doubt if he could have considered himself tlie person for whom the cheque was intended, and that he had not any right to endorse the name of the party to whom the cheque is payable. His Honor then referred at some length to the case of malicious injury to property, where the prisoner is charged with cutting adrift . and damaging a ferry boat belonging to the Rodney County Council. His Honer also directed' the jury in respect of a singular charge known as an “ unnatural offence,” in connection with which the accused had voluntarily given i himself up to the police, and also explained I the bearing of the recent enactment raising ) the age of consent in cases of rape, as bearing on a case in which the girl was admit- 1 tedly a consenting party.

True Bills. —The Grand Jury returned true bills against Henry McMurray, forgery and uttering ; George Clune, larceny and receiving ; David Dines Russell, breaking and entering; Alexander Angus, horse-stealing ; Edmund George, criminal offence; Paul Aubrey, malicious injury to property ; John Whittingham, forging and uttering (two charges) : John Wittingham, false pretences; John Damons, forging and uttering ; Joseph Hemingway, unnatural offence; Walter Augustus Irving, receiving stolen property; Christopher Alexander Irving and Leonard Sydney Irving, kill ing a sheep with intent to steal the carcase. This being all the bills, the Grand Jury was discharged from further attendance.

No Bill. —Frederick CoUard charged with horse stealing. The Grand Jury did not return a true bill in this case. Receiving Stolen Goods. Patrick Maher, charged with receiving stolen properly at tlie last session of tho Supreme Court and remanded in consequence of illness, was again placed in the dock.—Mr J. A. Tole appeared for the prisoner, who pleaded guilty, and asked that prisoner should have the benefit of the First Offenders’ Probation Act.—His Honor said the report ot the Probation Officer was favourable, and after bestowing upon the prisoner a caution for what appeared to be mistaken kindness in assisting some young men to dispose of stolen goods, placed him on probation for a period of nine calendar months.

Larceny oe a Saddle. —George Clune pleaded guilty to charges of having stolen a saddle, the property of Henry Smith, on March 29th. —Henry Smith was called and estimated the vaiue of the saddle, produced, at £2.—Henry that he purchased the saddle from the accused for ss, at 11 o’clock at night. His Honor, addressing the witness, said it was very lucky for him that he did not find himself in the dock alongside of the prisoner. He gave the prisoner five shillings for an article which he must have known to be worth pounds. It was he (the witness) and such as he that encouraged offences such as this.—His Honor then informed the piisoner that he had been convicted previously for similar offences, and sentenced him to three years’ penal servitude.

Breaking and Entering. —David Dines Russell was charged that he did, on the 13th May last, feloniously break and enter the dwelling-house of Samuel Booth, Dur-liam-street, and steal certain articles of wearing apparel. There was also a second charge against the prisoner of having received the said goods, well knowing them to have been stolen. Prisoner pleaded guilty, and put in a written statement to the effect that he had been drunk and knew little or nothing about the affair.— His Honor sentenced prisoner to twelve months’ imprisonment, with hard labour..

Forcing and Uttering. —John Whittingham pleaded guilty to two charges of forging and uttering, and also to having been guilty of false pretences by means of which £2 17a was obtained from Mrs Donovan. Mr J. O’Meagher appeared for the prisoner, and called Mr Herbert Subritzky, master of the Medora, who testified to the previous good character of the accused. Sentence was deferred until to-morrow morning. Alleged Horse-stealing. Alexander Angus was charged with having on the 23rd of'February stolen a gelding belonging to Walter Thorpe, at. Paeroa.Prisoner pleaded not guilty, and stated that although he had . been supplied with a copy of the depositions, they were useless, he not being able to read. He was not represented by counsel.— Walter Thorpe deposed that he was a farmer at Paeroa. Prisoner was working for the uncle of witness six months ago. About the Bth of last February, witness asked prisoner to take the

horse in question to his fathers’. Ib was branded JD.S. on off shoulder. Prisoner rode off with the horse, and witness next saw it in the possession of the police about the beginning of the following 5 March. Witness did nob authorise prisoner ■ to sell the horse at the Thames. > The cross-examination of this witness • lasted until we went to press. i Auckland, June 3. Forging and Uttering. —John Whitting ham came up for sentence this morning. He pleaded guilty yesterday to two charges of forging and uttering, and one of false pretences. —Mr O’Meagher appeared for the accused. He called . witnesses to show the previous good 1 character of the accused. Evidence was given by J. H. Ross and Charles Hopkins. —Mr O’Meagher urged that the prisoner should be leniently treated. He considered that the people who received those cheques so carelessly were greatly to blame. He asked that the prisoner might bo put on probation.—Mr Cameron, of the Bank of New South Wales, was called, and in reply to His Honor said that the book from which tho cheques were obtained was issued in March, 1889, to a firm that was nob now in existence. His Honor expressed sorrow at having to pass sentence upon a man who had committed an act of such supreme folly. He could not admit him to probation, as forgery was a serious offence. He would, however, pass upon him- the extremely light sentence of sixmonths’ imprisonment on each offence, the sentences to be concurrent. Alleged Sheep - stealing. Leonard Sydney Irving, Christopher Aldis Irving and Walter Augustus Irving were charged with having on the 14bh of April killed a sheep with intent to steal the carcase. They were also charged with receiving the same. Each prisoner pleaded not guilty. Mr Theo. Cooper appeared for the accused.— William Oeorge John \ork deposed that he lived at Waitangi. He knew the Irvings, and went out shooting with the two boys in May. Sydney Irving said that a sheep that was near the river belonged to Chute. He knew that two years ago Irving had sheep running on this land. Witness subsequently saw the carcase of the sheep.—Edward P. Wabkis, Auckland Agent for the Public Trustee, produced the will of the late John Wright Kingston, of Waitangi. He stated that William Busby was appointed executor, but renounced, and the Public Trustee took over the estate.—F. C. Hingston deposed to having left the sheep in question as it knocked up on tho road. On the 14th of April he met the two young , Irvings, just about dark. One of tho boys had a sack tied on the front of the saddle. That evening he visited 1 Irving’s house and saw Mr Irving frying ( some kidneys. Something in a bag was ! hanging from the ceiling. Next day he . found where the sheep had been killed. 1 He could tell it was his by the ear- 1 mark. Ho had left the sheep on ! that open run for six months. It * was worth about seven shillings.—By Mr Cooper: Mr Irving told him that if j he claimed the sheep he would have paid , him for it. Just then the police brought in the carcase.—Louis Clifford Goffe, settler, s Waitangi, deposed that he had been ’ living near the prisoner for over 20 years.— He was with last witness when they met . the two Irvings. One of them said they were, going to look after a pig of theirs. 1 Next day he saw the place where the sheep had been slaughtered.—Constable 1 McGilp afterwards showed him the carcase 1 of a 3heep quite fresh, but with dirt upon 1 it.—Constable Win. Sefton deposed to go- * ing to the house of the accused in com- 1 pany with Constable McGilp. In search- 1 ing the garden he discovered the < carcase of a sheep. It was quite fresh 1 and had been recently slaughtered. The two younger prisoners were then arrested. 2 The Jury returned a verdict of “ Not Guilty ” in each instance. 1