SUPREME COURT.

Taranaki Daily News, Volume XXXXII, Issue 202, 29 September 1900, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. Friday, September 28.—Before His Honour Mr. Justice Conolly. BKEAKING AND ENTERING. George Millard Walker, a middle-aged man was charged with breaking and entering the dwelling of Louisa D. Welsh, at Wilson-street, Hawera, on October Ist, 1899, and stealing therefrom various articles. Tho following jury were empanelled:— J. Asher (foreman), W. Griffiths, J. Bruce, R. N. Hooker, H. J. Harris, R. Coleman, W. H. Franklyn, J. H. Oliver, R. 0. Cottier, J. L. Ibbetson, and G. A. Adlam.

The accused, who pleaded not guilty, was defended by Mr. Wright. Mr. Kerr prosecuted, and gave an outline of the case. He called

Kate Cornish, servant to Mrs, Welsh, at Hawera, who stated that in August last she, with Mrs. Welsh, went away on a visit. Arrangements were made with a neighbour (Mrs. McNiven) for her boy to feed the fowls. On returning on 25th September witness noticed nothing wrong and went away, closing the door, Next returned on October 10th, and missed some of her clothes and other articles, which she identified. William A. McNiven, a boy living near Mrs, Welsh, said he looked after her fowls. On one occasion when going to feed them he saw the legs of someone getting in the back window. He fetched a Mr. Hurley, who came with him to the house. They saw accused coming from the house towards the gate. Hurley accosted accused who said Mrs. Welsh told him to go and see about some keys This was about 3 weeks after Mrs. Welsh left.

To Mr. Wright: Could not fix the date. Daniel Hurley, bootmaker, at Hawera, corroborated the last witness.

To Mr. Wright: Had known accused for 18 months previously, and had heard nothing against his character. Did not tell Mrs. Welsh's son he had seen accused coming from the house.

Joseph Dyer, laborer, said accused came to live with him in July. Sometime between September and October accused brought a mattress and clock to tho house—identified articles in Court. Accused said he bought them at Leydon's auction mart. To Mr. Wright: He said in tho Police Court the mattress and clock were like those accused brought; also that accused brought two bedsteads which he stated he had bought at the mart. Could not remember whether the clock or mattress was brought first.

John Auckland, storekeeper, stated that about 6 months ago he bought from the prisoner a mattress, bedstead, and other things. He identified the mattress in Court.

To Mr. Wright: Could not fix the exact date. Had bought other tilings from accused.

Kate Buckland, wifo of A, Buckland, identified the garments in Court which were given her by accused's wife in November. Accused was living in the boarding-house at the time.

To Mr. Wright: Mrs. Walker did not give her the garments, but told her they were in the house and that witness could have them. Did not see them when Mrs. Walker left. They were lying on the floor of Mrs..Walker's room. Could not remember if any men's clothes were left. Could not say whether it was November or December. Miss Cornish told her what had been missed, and asked witness to lot the police know if she had some of the articles.

Constable Whitehouse stated that on 13th October he went to the boarding-house kept by Mrs. Walker and obtained from prisoner an alarm clock (identified as'the clock in Court). Prisoner said he bought it from a swagger on the previous Thursday, and gave a description of the man. He showed the clock to Miss Cornish, who identified it. On March Ist last he went to A. Buckland's house and obtained from John Buckland the mattress, etc., produced. To Mr.Wright: There was no hesitation in producing the clock when asked for. The description of the swagger was too vague to take notice of. Prisoner said he was busy getting fish ready and did not take particular notice of the man.

Eliza Walker said she was uot the wife of the accused, she kept a boarding-house. Prisoner lived there. Could not remember whether it was before or after the return from Auckland that prisoner bronght a mattress to the house, She returned from Auckland about November 2nd. Could not swear to the mattress in Court. Could not swear to the clothes produced. Could not say how they got into her room. To Mr. Wright: The keys of Mrs. Welsh's house had been on previous occasions left at her house, and prisoner had access to them. Remembered prisoner saying something about going to Mrs. Welsh for a book sometime before July Ist. Prisoner and Mrs. Welsh used to lend books to each other—scientific works on gardening. John Loydon, auctioneer, said he was at Hawcra in September last year. He did not sell any mattress to the prisoner. Had sold two clocks at his auction, but not like that produced.

This concluded the case for the prosecution.

Mr. Wright addressed the jury, and cilled

G. M. Walker (the prisoner), who said he had b en ia the colony over 30 years, having come here as a soldiar iSOth Regiment), He bought his discharge. Had been living at Hawera for 6 or 7 years past. Had never been charged with dishonesty. Was a landscape gardner by trade, and had been employed for a time at the School of Forrestry, I Whangarei. Had also managod Mr. Jacob's | farm at Ball Block. Was now unable to do hard work owing to illness. Was in tho Hospital for a time. Subsequently did Hardening for Mrs. Weish and took oare of her house. Had latterly carried on a fruit and fish business until he left. On returning from Wellington he went to lire at a cottage. He took his blankets there, and •ibout three weeks after bought a mattress and tao bedsteads at McAlpine's auction mart. A short time after he left the cottage and took the bedsteads and mattress to the boarding-houoe, on leaving which he sold the articles to J. Buckland, who took over the house. As to the clock it was of German make. He bought it at Leydon's auction room and took it to the cottage. He also bought other things. Subsequently he took the clock to the boarding-house. That was not the clock he showed to Constable Whitehouse—that clock he bought for 2s Gd of a -waggor. He went to Mrs, Welsh's house to god one of his books. Ha knocked at the

jack, and looked into the kitchen window, but oune to the conclusion they were away. He said to Hurley that he had come to look for a book, and also mentioned that Mrs. Welsh generally left the keys at his house when she was away. Knew nothing about the stolen goods only what he heard. To Mri Kerr: There was Borne trouble about fencing wire at Whangarei, it could not be found, and he had to pay £7 to the Government. The money was not paid by Mrs. Walker to prevent his being prosecuted He did not sell the wire to Oleary. His notice to leave was previous to this trouble. Had b3en bound over to keep tVe peace for assaulting and abusing his wife; also for knocking a [man down who was abusing his wife.

Lawrence Hudson McAlpine.auetioneer at Hawera, said he had known accused for four years, and his general reputation for honesty was very good. On 26th August, 1899, he sold accused two bedsteads and one flax mattress. Oould not swear to the mattress. To Mr. Kerr: It would be an old secondhand mattress.

Miss Cornish, recalled by His Honour, stated there was no door from her room to the other part of the house. She had to go on to the verandah to enter her room. Nothing was missed from the house other than those taken from her room, except a tin of kerosene from the wood-shed outside.

Mr< Wright made an exhaustive analysis of the evidence, pointing out the discrepancies and drawing attention to all the points in the prisoner's favour. He strongly commented on the action of the prosecution in bringing forward after 15 years the trouble about fencing wire, with the view of pre judicing the prisoner, He laid stress on the accused's career and good charaoter as well as the absence of all motive.

Mr. Kerr replied. His Honour, in the course of half-an-hour's summing up, directed the jury that all the articles had been traced to the prisoner's possession.

The jury retired, and, after an absence of about three-quarters of an hour, returned a verdiot of Guilty on the minor count of theft, with a recommendation to mercy on account of the prisoner's health.

Prisoner on being called upon, asked to be admitted to probation. I His Honor said he could not grant probation, as he made a rule of not doing so where there was no contrition, Taking into consideration the recommendation of the jury and the fact that the prisoner had been found guilty on the minor count, he passed a sentence of six months'imprisonment with hard labour. The Court adjourned until today.