SUPREME COURT.

Taranaki Daily News, Volume XXXXII, Issue 75, 24 March 1900, Page 2

SUPREME COURT.

ORIMINAL SESSIONS. Friday, March 23rd. Before His Honour Mr. Justice Conolly, ALLESED THEFT. Arthur J. Thompson was charged with the theft of a handkerchief, ragor, and lock and key, the property of Richard Fantham. Accused pleaded not guilty. Mr. Kerr appeared far the Crown. | The following were empannelled as a jury:—S. W. Shaw, T. Avery, A. Drake, C. Edgecumbe, G. H. Herbert, jun,, R. B. Honey field, A. A. Mace, J. T. Marsh, H. Spurdle, J. Whitaker, J. D. Wyllie, W. Mills. Mr. Shaw was i chosen foreman.

Richard Fantham, called by Mr. Kerr, gave evidence that on the evening of September 6«h last he left his father's place at Normanby in order to attend a lecture at Hawera. Bafore leaving he had put his razor away in a box just inside his room. There were also some handkerchiefs with witness' name on in this box. He locked the box with a patent American lock and put the key underneath. In the morning he noticed the lock and key had gone, and found that the razor was also missing. Mary Fantham, mother of previous witness, stated that her daughter and herself were the only persons in the house between 7.30 and 11.30 on the night in question. Heard the dog biik loudly at 9.30. Accused had baen working on her husband's farm. | Identified the handkerchief produced' ■is that of her son.

Frank Bishop, detective, stated jhafc in comp-tuy with Olinkable Whitenouse hj arrested accused. The constable on searching accused found the handkerchief with Fantbam's name on. Witness also found the lock on a gato

leading to accused's house. He charged the accused with the theft, but the latter only smiled and made no reply. Sergeant Stagpoole stated that accused had sent for him to see him at the gaol. On going to see what this was for accused confessed to witness that he had committed the theft and was going to plead guilty to the charge.

Accused did not offer any evidence in defence, but made a statement to the jury to the effect that he was not guilty, and that he had picked up the articles in question on the road.

His Honor, in summing up, said the case was one of the clearest that had ever been before a jury. The jury, after ten minutes' retirement, brought in a verdict of Guilty. His Honor sentenced accused to three years'hard labour in the New Plymouth Gaol. 1 I i alleged cattle stealing. Arthur Bland pleaded Not Guilty to a charge of stealing three heifers, the property of J. Boddie, of Mangamingi, near Eltham. Mr. Kerr appeared for the Crown, and Mr. E. L. Barton, of Hawera (with him Mr, Weston), for the accused. The following jury was empanelled:— T, W, White (foreman), J. Hawke, D. Alexander, F. J, Webb, H. Yates, A. J. Mayne, J. F. Scandlyn, A. R, Mace, H. Spurdle, C. Edgecumbe, G. H. Millar, W. Harknett.

Mr. Kerr, in opening, said that one point he wished to emphasise was that although the owner of the heifers alleged to have been stolen had been compensated, that did not purge the offence.

J. Boddie, settler, stated that be missed three heifers from his property ia Mangamingi about the first week in September. He met accused and the latter's brother on the date mentioned driving a mob of cattle along the road, and noticed a spotted brindle heifer, newly ear-marked, fle spoke to the accused and the brother some time after about the missing heifers, and they said that if they should come across them they would let him know. In a subsequent conversation with accused and the brother at Hawera, witness said he had heard they had taken the beasts with their own to the sale; chat he had learnt where they were ; and that if he found the cattle were his he would be prepared to take their price and not have any more bother about it. Sometime after the brother came to him and said that a mistake had evidently been made, and paid £7 for the heifers, witness giving a receipt. To Mr, Weston; The information to the police about this affair was laid without his aid and consent. There is no dividing fence between his place anfl Bland's.

J. Boddie, jun., said he had identified the heifers as his father's.

David Edward Fanthano, auctioneer's clerk, Hawera, said that on August 3rd I accused entered three empty heifers land 31 steers for sale. The heifers were purchased by Mr. Corrigan. Witness saw the cattle in October at the police station, and identified two of them; the third he could not swear to.

James Corrigan gave evidence as to purchasing three heifers; two had been recently ear-marked. Constable Whitehouss, Hawera stated that accused nude no reply to the charge when arrested.

No witnesses were called for the 'defence. The Crown Prosecutor and Mr. Barton add e eel thu juiy. His Hon r sumtnod up, and said th« evidence ag>inbt tho prison.-r \va<, to his mind, slight. The on'y point ap p.-.an d;o bo that thecattla wero freshly ear-marked before the sale, the new mark obliterating the original one, but them was no evidence to show whfn or by whom the mirks had boen made. The jury, after a few minutes' retirement, returned a verdict of Not Guilty, and accused was discharged. The Court adjourned until to-day.