SUPREME COURT.

Taranaki Daily News, Volume XXIII, Issue 28, 7 October 1901, Page 2

SUPREME COURT.

FOUR'IH DAY. Saturday, October stb.—Before his Honor Mr Justice Gonolly. ALLEGED THEFT. The hearing of the indictment charging Allan Olealand with stealing two drums of oil and a tin of white lead was oontinued. Constable YouDg gave evidence as to finding the oil and arresting the accused. A Lealand, baker, stated he employed accused to do some paintiDg. Accused found the materials. There was some oil left over on the job,,which belonged to accused, who took it away. Frederick Bellringer, painter, testified to supplying accused with two I drums of oil, which were put outside witness' warehouse at night and taken away early in the morning. RalphJ, Clealand, Eon of accused, stated soine two or three W6eks before his father was arrested he noticed some full drums of oil in the passage of the houre near the door. He helped to lift thr-m. There was also a tin of white lead.

Oharles W. Ho ker, painter, said | that on May 30th accused spoke to him ! about tha eale of s jme oil, and asked if jPikett o ra'd do with any oil or lead. This was on the day be' started'for Boon Bros. Witness wad Pint's brother-in-law.

Willam H. Pillnr, painter, said that he met both the Boon brothers on the night prisoner was arrested. They said prisoner would not confess, and that if he had done so they would withdraw the charge.

To Mr Kerr: Would contradict' Alfred Boon's evidence that he told witness accused made a confession. Boon was absolutely wrong on that point. Did not help in taking away two drums of oil from Bellringer's premises. Did not know who did take them away. Mr Wistbn addressed the jury for the defence, pointing out that the chief evidence rested on the so called confession which Alfred Boon said nothing about in the lower Court, and J. W. Boon now amplified. He commented on the discrepancies in Boon's evidence, and on the fact of the accused remaining in their employ. He explained the contradiction made by Pillar to Boon's evidence. The evidence as to identification of the drums of oil was, he contended, theoretical. He pointed out the value of the evi-' dence as to two drums of oil being in Olealand's house for two or three weeks before the arrest.

His Honor, in the course of a very lengthy summing up, said he had to take the unusual course of reading ovjr to the jury the whole of the evidence, owing to the way in which the case was got up. He characterised the ciea as. being in a muddle all through, andcommented on the points in favour of, and against the prisoner, and inti-, mated to the jury that they had in a large measuro to supply the evidence for themselves. The question was, he said, did Booh brothers really believe the prisoner robbed them? If they took hira back in their employ out of sympathy, with what was their sympathy ? with crime ? He did not consider the evidence of the identification of the drums was so conclusive as the Crown prosecutor stated it was, as the number up to 1000 marked by the merchants hlad been nearly four times repeated in the last two years. Heal-j bo referred to the purchase of oil by, accused from Bellringers. ! The jury retired about 12 50, but failed to agree before luncheon. At 245 they returned into Court with a verdict of " no 1 ; guilty," and acoused was discharged. FORGERY. Ching Quee pleaded guilty to forging an authority on the Savings Bank at Gisborne, and to falsely represent himself as " Wang Hoo." Constable Salmon was called as to character, but could only state prisoner was a cook. Walter Lewis, hotelkeeper, stated he employed accused for 10 months, and had no fault to find. He was very trustworthy. His Honor sentenced accused to 18 months impris3nment with hard labour. ARSON. SENTENCE ON PAYNE. Mr Kerr having stated thot the Solicitor-General authorised a s'ay of proceedings in the secsnd charge against Tnos. Payne for arßin, the prison was, by his Honour's direction, i brought up for sentence on the first inidictment. | Sergeant Stagpoole, called by his Honour, gave the accused a very good I character, except as to charges of settJ ing fire to premises at different times. His Honour, in passing sentence, | said he had no doubt' in his own tniqd [ that prisoner had a kind ef mania for . setting fire to premises. For the c >n- ' viction on the charge of attempting to i set fire to the premises of McEwen' prisoner was liable to 14 years' itp-, prisonment. He could not pa=s a light sentence, but taking in'o consideration j the otherwise good character given to prisoner, and that he had,beeu in confinement for the past eight months, tbe j sentence would be three years' hard ] labour. The Court adjourned till 10 a.m. i to-day.