SUPREME COURT.

Taranaki Daily News, Volume XXXXV, Issue 55, 5 March 1903, Page 2

SUPREME COURT.

CRIMINAL f-KSSION. Wednesday 4th March, 1903. —Befort His Hon jr, Mr Justica Uonolly. Ths ses iou of the Supremi Court opened in tbe Oou-tbouss on Wednesday morm<% His Honor the Judge taking bis snt at 11.15 o'clock. The following Counsel were present: Messrs Kerr (Crown Prosecutor), Standish, Samuel, Ujvett, Roy, huchen, and Malone. GRIND JURY. The foil iwing Grand Jury ware empanelled :—Measts. Henry Ward, Ab. Gjldwatir, Ttos. Furloog, junr., A. E. Sykos, A. J. Mcln'osh, Jib. Sanderson, Arthur Ambury, F. P. Cork ill, N. Miller, C. Caiter, A. W. Ogle, Duncan McAllum, C. M. Lepper, B, Fraaer, John Av.ry, F. M. Hall, John Rollo, A. L. Cooke, T. K. Skinner, Edwaid Snowball, G. W. Ramsoo, F. E Orbell. Mr F. P. Oorkill was chosen foreman. MS HONOR'S CHABGC. Addressing the Grand Jury Hia Honor said : GeNTLBMES OP THK GbASD JO W| The principal.case to come before you is a charge of murder, j 0 which the iccused is charged with setting fire to i tent, the occupant suffered such 84vtre burns that he died a f*w days afterwards. There was no doubt jbout the law in such esses, as if anyone dud from the effects of the wilful act of another, even though such act was not intended to eause serious injury, i w»s murder within the meaning cf the statute. In this case accuse, d went to the hut of Brougb and Myei s with whom he had arranged to go filing. He woke thorn up, and they locked at the time and found it was not jet midnight, and refused to go. Accused insisted it was later, but a little while afterwards he left, stating he was going "to give Deafy what for? and adding some filthy expressions. There w&s evidecce to show that illfeeling existed between the accused and d«.oeaserf, acd that the latter was accused of stealing fish from the prisoner's net; that on one occasion prisoner struck deceased, and bad more than once threatened him. Shortly after accused kfs the hut of Brough and Myers the deceased's tent was seen to be on fiie by two men living c'ose by, and decoas-d running about with hia clothes on fire in an agony of pain. The bystanders succeeded in pacifying him, and he was removed in an ambulance to the Hospital, where he died. The other cases did not require much comment. There was one of forgery and obtaining money under false pretences, and one of indecent assault, which, if they believed the evidence of the girl, was very clear. There was also one of concealment of birth. In this case a young girl of 17 suooeeded in relieving herself of a child, and concealed the body. There was no suggestion as to whether the child was bora alive, ar.d the body was not found till some t»o months afterwards. You may not cocsidrr this a cafe for sera* punishment, but you may safely leave that to me. This is, I thick, all it it necessiry for me to trouble you with at pres nt. The Grand Jury then retired, and la tbe course of the day brought in the following true bills : - Robert Ibell, forgery. W. B. Mansfield, burglary, Waher Smith, murder. Walter Smith, arson, The Grand Jury returned no bills in the following oases:— Florence Ethel Patterson, concealment of birth, Walter Walsh, indecent assault, and these prisoners were accordingly discharged.

CONFESSED CASE*. STEALING A BICTCLE, Arthur Chailes Rollo, who pleaded guilty in the lower Uourt to stealing * bicycle, the property of Leonard W*bster, at New Plymouth, came up for sentence. Prisoner Rhid tbe theft was tbe out* come of a drinking bout, and that be saw the bicyo'e and rode it away, inteodirg to go only as far as the Terminus Ho'el. His Honor said that drink was no excuse for crime, and if a man did criminal acts while under its irfluenos he was responsible for th«-m. He no ( ic<d that the prisoner was sow serving a sentence of three years imposed at Auckland. He would not prolong that t< rm, but sentenced prisoner to ] 2 months, to be concurrent with the one he was serving. FOHGEBY AND FALSE PBETIirCEI. Robert Ibell alias T. A. Bell, aliat T. A. La«sy, pleaded guilty to the forgery of a cheque for £5, which re cashed at a restaurant kept by Jaoeb Kurta in New Plymouth; also to the charge of false pre'enoes. On the application of Mr Kerr, on behalf of Mr 0. H. Weston, who was acting for aotused, his Honor said he would defrr sentence till Friday, but would r.ot impose it then if be was in the middle of a case. Prisoner was remanded accordingly,

OASES TRIED. BOROLAHY AT STSATFORD. Walter Mansfield wa« indicted with breaking and entering and stealing a quantity of jewellery at Stratford. Accused, who conducted big own defence, pleaded not guilty. The following jury «r BB then sworn • —J. W. West, Jaa. Perry, Percy Brown, Jae. Spence, W. T. Baldwin, A. G. Tattoo, David Giloour, Charles Hunt, Charles Wills, Robert Cross, Henry Hoooor, Alfred Howe. Mr Week was elected foreman. Mi' Kerr prosecuted. On prisoner's application, all witnessos were ordered out of Court, Mr Keir outlined the case and called, Fred Albm Smith, assistant to John Petrie, watchmaker at Stratford, who said that on the evening of 19th Feb* ruary he was in ohirge o? the shop, Mr Pnt.ie hoiog away on a holiday. Knew accused, who hid worked for Petrie. Accused came to the shop on the night of 11 th Fohruary at 8.10, and was sup-pli-d with brooch pins. Witnras then -wHocked up the shop and left with ' ] 1 accused. The articles produced were ' I all in the shop that night. About 8 o'c'oofc next morning he unlocked the front door the same as usual. Nothing wax wrong with the lock, but the second door vras burst, in, the hasp bring b-' ken. The window slide was rpen. Mis el jewellery out r-f the window. Some email boxes were laying ab. ut on the bench. 8;-rit for the police. Toa-rufed: Mrs Petiie was at the shop on the previous af'ernoon. Accused came to th* shop on the nvrntt g following the robbery, and wat tad to know if any of the stolen good* could be identified, When they both OUM

out of the shop on tLe previous evening Constable Ryan was standing near the door. To His Honor: Accused was a working jeweller and general mechanic. Constable Ryan, stationed at Stratford, said be knew accused, who carried on business at Ju'iet street. Saw him come out of Petrie's shop with last witness on the evening of Wednesday. On the following morning was informed of the robbery. Examined the premises and found the inner door burst in. Shop appeared to have been ransacked. To accused: Examined thekeys found at his house, but none fitted Petrie's shop door. Accused said a man and woman arrived at Stratford the night before. Asked their names, but accused declined to give them, stating they had camped in the Park. Did not take any steps to verify the information. Did not ask accused why he was interfering in the case, but in reply to accused's question, whether he was out on the same case as himself, witness replied, " I suppose so." Accused said, as a friend of Petrie's be was going to assist in the case. No reward wss offered for the recovery of the missing property. Had seen a good deal of accused since he had been at Stratford. Had not a favourable opinion of accused, though this was more by repute than observation. According to some people's statements accused obtained small sums of money by false pretence?, others said he hud stolen goeds. A pair of boots was mentioned as having been stolen. Declined to give the name of • the informant. To Mr Kerr: Accused had been in Stratford for batween 12 and 18 , months. John Petrie, jeweller at Stratford, , identified the articles produced as being j part of the stock in his shop when he went away for his holiday, The cards produced contained his maaks, and ( were attached to some/of the jewellry. To accused: The most of the gold ' portion cf the stock was removed every night to witness' house, and accused | knew that. Gould not say if it was to ( accused's interest to promote witness' - business. Ssveral very small dealings had occurred between them. It never occurred to witness that accused would . give any help in recovering the pro- j perty. Had an interview with Luzton. ( William Smart, bookkeeper Jiving at Stratford, said that on the night of the robbery he shared the same bedroom with accused. Went to bed shortly , after ten, and accused came in about 10.30. After stopping for about ten minutes accused went out. Gould not fix the time accused returned, but thought it was between two and three o'clock. It was dark, and witness wsb f only half awake. I To Accused: Understood sccussed to say when he first came in that some j friends were waiting outside for him. ( Denied that accused told him on his < second return how he had got on. Harry Luxtoo, manager of the Silver J G id Restaurant, Stratford, said ac- ( cased came to see him on the morning c of the 12th Februwf, and asked him if j he had heard anything of the robbery j at Petrie's. Witness replied that the man who had done that was not lik> ly i to come and tell. Accused wanted to , borrow 10s on a watch and chain, but f witness declined to lend i*. Accused j stated he wanted the money to make a start in detective business over Petrie's ( case, as Petrie bad been a good friend to him. Accused said he had done j detective work in America, and was j going to work the case for Petrie. He came on several occasions and told ( witness how he was getting on with the ( case, stating at one time that he thought he had a clue, while at another time he said he had bsen within 50 yard* of it. Oa the 18; hj, accused said < he had got the property. He wrote j out a kind of receipt form and witness signed it. The form was as follows \ " Received of Jennings and Company, • the goods in the inventory attached, valued at £6O. Witness was acting in concert with the police, and showed them the receipt. Accused brought ' the jewellery, and witness gave ' him the receipt. Identified the I box produced as that which accused ' gave him containing the jewellery. Witness put the box in his office and . locked the door. At accused's request ' gave him a few (hillings. Accused asked for £27 and then went away to get a drink. Witness sent for the police. When accused was wriing out the receipt he told witness that if be gave him away he would Mow his brains out. On arrival of the police witness handed over the box to Constable Hyde. An inventory was taken of the contents. To accused: You never said what ycu were going to do with the jewellery. Could not make out what you were up to. You were a puzzle. You came in on 9 day after you said you had been within 50 yards of the stuff and threw out a bait by asking what I would do with the Btuff if it came my way. I replied I would give & cheque for the amount and chance the police. Constable Hyde, Stratford, said he arrested accused at the Silver Qrid on February 18th, through information received from a man named Turner, who was in company with Wbitlock. Had received no message from Luzton, bat Luzon had sent Turner to witness. Tn answer to the charge, cccused sui " Very well." On the *aytoto« lock-up accused said be had got into low water and had made a frol of himself. He also said that Pa trie had been a good friend to him aid this was how it ended. Oa searching accused found a silver cigarette case, silver sovereiga cise and lady's silver watch. Identified property produced. Accused, next morning, said that the remainder of the jewellery was at his shop. Witness searched the shop and found the articles (produced) in a bag hanging on the wall. Luzton handed witness a tin containing other articles. To accused : Found tome jeweller's mount cards in accused's shop. To His Honor: Lux ton did not ehow witness the receipt given by bim to accused. Mr Kerr: That was shown to Constable B'essdale. His Honor: Bleasdale is not a witness and this leaves a ve r y important point in an unsatisfac'ory state. In reply to the ueusl question accused said he did not wish to give evidence ror had he any witn»ss<=B to call. Accused then addressed the jury, stating that on the night of the robot r/ he m t a man- and woman about 7 o'clock. He had a conversation with tbem and later in 'he evening they h -d supper at the Silver Grid. He made an appnin'ment to meet the woman at 11 o'co:k, ard he went to the Pailr, whete 'hey were camped, and stayed for eomo u'me and then relumed to his shop. After hearing of the robbery it d.iwned on Kim thac the wrmin had mention, d ihat she had left a parcel wi'h fr ends it J ui*t street. lUtruck him later on that the man and woman had a purcel of value which they w'shed to keep. Had talked wj.h Luzton a

' good deal about the robbery. Had ' woi!.ed out two cases before in Australia, not America, oce being the case of a woman foatd diowned whose identity he traced thn ugh the dentist's ' namo en some false teeth. He thought that fiom ivbat the woman had said to 1 him he had a clue. He searched the ' Domain for two or three days but only found a jeweller's card, By chance he found another card, and he hoped by means of the cards to traca the jewellery. By searching along the line he found the balance of the cards and then/ found the tin in the fern. He took the jewellery to Lux'on, who persuaded him not to take is to the police, His Honor: You did not ask the witness any question on this matttr and it is disgraceful to try and throw discredit on his evidence. I will not allow it. Accused then contended that it was unreasonable to suppose he would have been foolish enough to give himself away in the manner in which Luzton had stated. The only explanation of his dealing with Luzton was that it would not matter to Petrie whether he got the goods or the money. He claimed that a man acticg as a private • detective as he bad done had no means ' of proving his innocence and thus he had made a great error. His Honor reviewed the evidence, commenting on the want of proof that Luzton was acting in consent with the police. He painted out that prisoner had not accounted for the paf session cf *he jewellery sltLough hb had made a I long rigmarole statement of matters . that had nothing to do with the case. \ As that statement had not been sworn to it was not evidence. > The jury retired at 4.25 acd affer an absence of a few minutes returned l into Court with a verdict of '' guilty." ] Prisoner bad nothing to siy. Mr Petrie, on being called, stated i that with the ezception of a medal and ' gold pencil all the property had been recovered. Constable Ryan stated that little was known of the prisoner beyond the fact that he came from Wellington about 18 months ago. i Hi 3 Honor, in passing sentence, said that it was fortunate that the ' prisoner's past career was not known as c he felt sure it w&s discreditable. The c offence was a bad oae. \ Prisoner was then sentenced to three E years imprisonment with hard labour. ' The Court adjourned till 10 o'clock i this morning,

BPKCI.4L BUSINESS. A PROBATIONER. Henry Jury wi>s brought up under arrest on a charge of failing to report h : mself to the Piobation Officer. Constab'e Beattie, stationed at Wai- i tara, said accused was transferred by tbe Probation Offi er at Auckland to * Waitarp, where witnuss was acting as a probation officer. Had rece r ved the v memo (pioluced) from the Probition l Officer at Auckland. Accused, who I came here in November, was to report j himself monthly to the police, but had i failed to do so. f His H onor said he cou'd not see how . he cauld deal with the man, as he had nothing before bim. He could only e see a man in the dock, but knew nothing about him.

Constable Beattie said the conditions of probation were stated in the license. His Honor : But I have not got the license, and the memorandum I have before me is undated. I can do nothing. The man was then removed from the dock, and will row be sent to Auckland to be dealt with by the Judge there. VALIDATION ORDER. Mr Kerr ask*d His Honor to fix a date for hearing an application for issuing a validation order. His Honor said he could not do so till he knew whas Bills the Grand Jui y would bring in. APPLICATION FOE FURTIIEa PARTICULARS, MrSmuel ask«d leave to mention tbe case of Hutson v.' Morison. An application bad bten filed for further pirticulars, and Mr Barton had onsented. Would His Honor fix a tiaie for hearing the application ? After consideration His Honor fixed immediately after the afternoon session. TRIAL 87. JURY. In the cißa of Biily v. Walsh and Vincent, his Honor ordered the case to oe heard by a jury, as it was a case which should have been set down for hearing before a ju'y. EXCUSING JURYMEN. Mr W. McAlluoa was ezcused attending at the Supreme Court as a juryman, on Dr L'jatham's certificate that he was too unwell to attend. Drs Leatham and McCleland, and Captain Hood, harbour-master, were excused attendance at the Supreme Court yesterday to attend to professional duties, until 2 p.m. FINING AN ABSSNT WITNESS, While the Grand Jury were deliberating on the case against Florence Patterson for concealment of birth, the Foreman returned to the Court and 6aid a very material witness whose nama appeared on the indictment was not foi thcomiag, His Honor: Who? The Foreman : Dc Carberry. Dr. Carbeuy was then c.-dled, but failed to appear. In answer to his Ho?or, thfl Foreman of the Grand Jury said th°y were embarased by the absence of the witj nets.

His Honor said unlets there was a very gord reason, ha should certainly estreat Dr Carberry's recognisance. In the meantime perhaps the Grand Jury would hold the Bill. Mr Roy, who appeared far trn accused, ask< d that her bail be extended. His Honor said the accused would not be called till the Grand Jury had returned the Bill, and they might I throw it ou\ The Foreman tf the Giand Jury then retired. Subsequently his Honor .ordered Dr Carbsry's recognisance of £SO to be 63treated, but he intima'ed that he mighs rec 11 the order if good cause ; was shown.