SUPREME COURT.

Taranaki Daily News, Volume XXIV, Issue 63, 6 March 1902, Page 2

SUPREME COURT.

j Wednesday, March sth.—Befoto His F Honor Mr. Justice Conolly. f CRIMINAL SITTINGS. < The following Grand Jury was em-j panellsd: —Messrs. Ab. Goldwater ~ (foreman), G. Adlam, B<wl«y, Carter, j A. E. A. Clarke, G. Cliff, Fleetwood, ,< T. Furlong, jnr., J. C. George, Kelsey,' MacDiarmid, Rollo, Sanderson, S. W. 1 Shaw, Sykes, Cattley, Snowball, J Maissey, T. K. Skinner, H- Okev. 1 His Honorj in charging the Grand i Jury, said their task was a light one i and he was happy to congratulate the district on the small number of offences i which appeared to have been commit- 1 tod of such importance as to be brought ( befora that Court. There were only ( four indictments. Two of these were for horse-s'ealiug and both were excep- 1 tionally clear. In one the prisoner was scran leading the horse and taking 1 it to the saleyarda, and in the other j the prisoner had the horse lent to him < and sold it the next dayi Thore were 1 two charges of obtaining monoy by 1 false pretences and forgery or altering i a document with intent to defraud. ' The prisoner was a carrier and in the ] habit of obtaining goods from railway stations, paying the charges and re- i covering same from the storekeepers on delivery of the goods. On two occa- : sions he obtsintrd goods which he took '. to a Chinaman named Ohong, hut before delivering the goods altered the delivery note by adding 10s in each case. Afterwards suspicion waa aroused owing to the charges being higher than they should have been and inquiriss were instituted with the remih that the fraud was discovered and it was seen ! hat the alterations in the delivery ne es were made by a different pencil. The case was vary clear. In the remaining case of breaking and entering and stalling the prisoner had escaped from gaol and the clothes were found in the almost immediate possession of the prisoner. This case also was very clear, The Gra'-d Jury then retired and subsequently brought in true Bill* ie. all the oasf-s. HOUSE STEALING. | James Howard was indicted for stealing a horse at Waitara on the 58th January, the property of C. H. Wood. Prisoner, who was not represented by counsel, pleaded not guilty. 1 Tho following were the jury:—W. '. N. Newman (foreman), T. W. White, J. F. Watson, J. Speuce, R. Birch, J. Brockeabhire, J. 0. Mann, J. F. La- '. pine, G. M. Arrowsmith, 0. McKoy, E. R. Lever, and R. Gilbert. Mr Kerr prosecuted atid outlined I the facts of the case. C. H. Woods, a settler at Awakino, ; testified to lending a horse to accused, who said he wanted to go to N«w Plymouth to try and join the Ninth Contiogent. Witness at first refused, buc eventually consouted on condition that accusad leturned the horse to him ; at Awakino on the 30th. Nest saw the horse at the police station at New Plymouth. Did not authorise piieonsr , to sell the horse. • To prisoner—Was confident he did , not speak to the prisoner about selling ; the horse. In the lewer Court had i said he had no recollection of saying '■ anything about selling the horse. De- | nied singing ont across the paddock , that anything above £7 he would go ■ halves with prisoner. To Mr Kerr—Was perfectly certuin ; he never authorised prisoner to sell the , horse,fnor even discussed it with him. [ Spoke to his brother-in-law about selling it. The prisoner was present at this conversation.. Frank Jones, a labourer at Awakino, S'tid b.n lent prison"!" a borsa on 27th January to ride to Ureaui. Was pre-, sent when Woods lent prisoner a horse to ride from Urenui < o Waitara, Frank Carroll, a warder at the Asylum in Auckland, said he was brothor- j in-law to Wcods with whom he was living on 27th January. On that day rode Wood's horse, to Urenui in company with prisoner. In the course *S conversation witness believed he men tiuned to prisoner that he (witness) had authority to sell the horse if be had a reasonable offer. Next morning prisoner, with witness* consent, rods Wood's horse away towards New Plymouth. Witness did not give prisoner any authority to sell the horse. To prisoner—" You never joined in any conversation about selling tho horse, it was all between Woods and i myself." Woods siid to witness, "Anything above £7 we will go halves." To His Honor—Prisoner may have heard the remark. To prisoner—Denied having any conversation with him en the roadi about the sale of the horse. J James Hine, managing director of I the Waitara Freezing Works, said prisoner overtook him on the hill going to Waitara and offered him thn horse he (prisoner) was riding for X 9, but flvehtually witness gave him .£8 for it. Some time after witness gave the horse up to the police. Constable Beattie, stationed at Waitara, said he arrested prisoner on February 10th at the Waitara Hotel. Found no money .on him. Prisoner madn a statement to the effect that Woods him to sell the horse for not less than £7, and anything over they would share; that he had sold it for .£8 and gorif to New PJy-. mouth, whore he stopped longer than hj« expected owing to an injury to his ankle. >' This concluded the case for the pro-: secution. j Prisoner electf<"' to give evidence. He said that on the morning he made up his mind to go to New Plymouth to try and get into tho Ninth Contingent: hj« obtaiued from Woods the loan of a i horse, as from Urenui, to which place Carroll was riding it. He rode his h mate's horse to U'enuiand left it there.. '. Soma conversation took place about the '' sale of the horse, and it was arranged i to share all ovor £7. Mr Hine's evi- 1 fleece was quite correct. Had told WoodsJ hat if ho did no', sell the horsa he would be back by Thursday if pos- i sib'e, but having sprained his snkle ho '. was detained for ne lrly a week in New i Plymouth. Was on his way buck to i Awakino when ho was arrested at Waitara, ( To Mr Kerr: Thought tbrre was no ', need t j communicate with Woods after I ! sjle of tho h irse. Did not remit anv ) I purchase money to Woods. Cashed '. Hino's cheque immediately after re- ', pfiving it. Put the money in an en-', velnpe whiri, he placed in one of his pockets. Did not advertise tho logs; thought it was no good to do s\ Was c j not idling about New Plymouth drink- ' iing. Admitted calling himsoif Sewart. ! i Had no reason for changing his mine. His name in full was James Sfcowarfc f Johnson Howard, i

Iu wply to His Honor, prisoner raid he had no'bing further to say to the jury,

His Hotor, in summing up. referred to the salient points of the evidence, intimating that on his own showing ( prisoner had acted dishonestly in not forwrding the sale proceeds to Wood*. The jury retired, and after some ■. deliberation, returned a verdict of "Guilty." ~ Prisoner wa-< wentecced to two years ] imprisonment wi'h hard labour. ' ( OBTAINING HONE? BY FALSE PBffTBNCBS. (j John William Briggs was indicted', for forging tailway goods delivery!] notes in respi r of goods obtained from ( Haweca, aud further for obtaining by j false pretences the sum of £3 6' 9d ( from Ah Hoop, manager for Onong ( Mr Weston appeared for the accused, \ who pleaded guilty to the charge of ] false pretences. By consent of the f Court the other indictments were wi'h- „ drawn. <] The following evident* as to eharnc- ( ter was calkd by Mr Wesson. j. Constable Hickmao, of Opun*k J , j had known prisoner for 15 years and \ gave him a very good character. Pris- ] oner supported his father, as well as < his wife and seven children. Knew ; that up to Saturday last prisoner was ] still carting goads for the sime cus- \ toaievs. The mortgagee had now seized ] prisoners horses, wagenn and cows. t To His Honor: P.i oner was in ( financial difficulties. ] Constable Salmon, for eight years , stationed at Manna, said he hid j known prisoner for 13 years, and gave , him an excellent chu racer, j At his Honor's direction the Lllo*-- < iDg witness was called, Mr Chew Oban a ( actieg as interpret?r:— ; Ah Hong, manager for Ohong and i Co., storekeepers at Opunake, sa'd that prisoner had been carting for the firm for seven yens. Had still employed i him after his committal for trial, but had a guarantee from another person. Mr Weston put in a letter from Mr Wagstiff, of Pihama, giving prisoner , au excellent character. Mr Weston applied for the prisoner , to be admitted to probation. The Probation Officer, Mr O'Brien, puc in a favourable report. His Honor said it wag very unfortunate that the prisoner should have forfeited his good character and taken advantage of the supposed ignorance of foreigners. Prisoner's previous good character saved him from beiog sent to prison. He wouid be admittei to probation for 12 calendar months. ' HOBBB STEALING. Henry O'Haia pleaded guilty to stealing a horsa at Hiweraou the 22nd January. In leply to hi* Honor, Mr O'Brien (gaohr) said prisoner was now undergoing a sentence of 12 month*, just passed on him at Wanganui, for forgery. His Honor passed a sentence of 12 months hard labour, to comme c i at the expiration of the term now being served by the prisoner. OAOIi-BKEAEINO AND THEFT. Albert T. Schreiner, at present undergoing a sentence of thre? years for forgery, pleaded guilty to stealing a . pair of trousers, a shirt, and hat from , the housi tf H.N, Riwe on January 7tu. In reply to the usual question, pri- \ snner put iu a written statement to the I effect that he only took the oldest ', things he could find. His Honer said ' that both the writing and the grammar . showed prisoner was perfectly ac ' quainted with English. His Honor told prisoner he had acted | foolishly. He did not blame prisoners for attempting to escape if they had tha chance. Iu breaking ir.to a house . prisoner made himself liable to a term ' of imprisonment greater than that he was now undergoing. He would look at the offence more as an act cf folly, and the sentence he should pa»s '; was one of rix mouths, to ooio- | mence at the expiration ot his praseu' sentence. Prisoner then received a sentence of three months' imprisonment on the charga of gaolbreiking, to which be [ hid pleaded guilty in the Court below —to be coacurreiit with the previous sentenoe. This concluded the criminal business and at 3.15 p.m. jurymen and wit- ■ neeses in attendance were discharged. Civil business (divorce) will be taken to-day. FEB PRESS ASSOCIATION. Wanganui, March 5. Decimus Rowe, for misappropriation of moneys, was sentenced to 12 months j hard labour. Joseph Sweeny, for ] breaking and entering, two years hard labour.