SUPREME COURT.

Taranaki Daily News, Volume XXXXV, Issue 210, 1 October 1903, Page 4

SUPREME COURT.

Wednesday, September 30th. - i (Before His Honor Mr Justice Edwards.) 1 The sittings of the Supreme Court opened at 11.15, when there was a i large muster of the Bar present, WELCOME TO THE JUDGE, On His Honor taking his seat Mr Samuel, President of the Law Society, on behalf of tbe local Bar tendered to • Justice Edwards a hearty welcome on the occasion of hia first appearance here as a Judge of the Northern Circuit. He stated that the Law Society had communicated to His Honor's predecessor, Justice Oonnlly, their appreciation of the fearless and upright way in which he had conducted the business of the Supreme Court during his tenure of office, and their deep sympathy with him in his illness, which was the cause of his retirement. Mr Samuel also referred to the harmonious relations which had existed between Justice Oonolly and the local Bar, and trusted that these relations would continue, and that H?s Honor and the Bar would work together in the interests of juries. His Honor, in teply, said he would be pleased to convey to Mr Justice Oonolly the kind sentiments which had been expressed. He was pleased to hear of the excellent, relations hitherto existing between the Bench and tbo Bar, and was glad to 6tate, with one or two exceptions, this good feeling was general throughout the colony. He would always do his duty fearlessly, in the interests of justice, without endeavouring to please anyone. In conclusion he thankod the Bar for their cordial welcome. The following Grand Jury was then empannelled M. Eraser (foreman), H. Baily, H. M. Biuchope, J. B'.ytb, L. Bullot, C. Carter, W. A. Collis, P. "■ Ess?, A. Goldwater, E. W. Hall, W. F. McAllum, A. J. Mcintosh, W. Newman, J. Paton, D. Robertson, L, Sladden, E. Snowball, F. Stohr, E. Thomson, Q. Tißcb, E, Tribe. In charging the Grand Jury, JUis Honor said there were only five cases, but these were all of a serious nature. He briefly referred to the main features [ of each case, and expressed an opinion that the Grand Jury would hava no difficulty in arriving at a decision that in each instance there was a prima facie case to go before a jury. The Grand Jury then retired, and I subsequently returned true bills in each >• cise. They concluded their duties about j, 2.30, and, after being thanked by the Judge, were discharged. Tbe following prisoners who had pleaded guilty iii the Lower Court, cime up for sentence. ®i Jas. Collins, for burglarly, After reading a written statement handed in by prisoner, His Honor said he considered tbe case was a bad one, as prisoner had two previous convici. tious and only seemed to come out of [_ g*ol to be sent back again. He considered that the or.ly deterrent would be an increased sentence, which would be one of three years. Theodore E. Licbwark, who had pleaded guilty to false in stating that he had sent his wife a Post Office order, but had not done so, whereby snepicio-t was thiown on the postal officials, was next called up. Mr. T. S. Weston appeared for prisoner, and asked for probation, on the ground that though the prisoner had acted j foolishly there hid been no fraudulent intent, and that he had eventually admitted the deception. His Honor said that it was a serious mitter to cast suspicion on officials as the pi isocer's conduct had done, but; as there had been uo fraud he would be admitted to probation for 12 months, on paying the costs of the prosecution. J. W, ll'ibcitH next appeared in connection with two cbarpes of 'loise stealing. He wai put bio): tH .Saturday to enable inquiries to be made as to his - previous character. ALLEGED BURGLARY. W. R. Allen was indicted on a charge of breaking and entering the Rabotu Post Office and stealing therefrom 16s 7d. Mr prosecuted. Prisoner, who ( pleaded not guilty, conduct*, u his own defence. The following were the jury:—B, Wells (foreman), S, Clegg, A. Drake, J, Roilo, W. Biuchrpp, G. Bach, P. G. McEwan, A. Co'e, J. Sanderson, J. Wade, R. White, E. Griffiths. After detailing the mam facts of tbe esse as already published in connection with the proceedings in the Lower Court, Mr Kerr called Sergeant Haddrell, who gave evidence as to accused coming to New P'v ; mouth by the coach, b?ing arrestiJ, t- and searched, when .£4l 13s 3d was found in bis possession, which accused seated was bis savings. Witness also enumerated and pui in various articles k and documents found on accused or in his portmanteau, including what purported to be a will dealing with a sum of £14,967, a cheque beok, savings "ks bo. k a-id deposit slips. Conv a '°' e '' ie B a ?e corroborative evidence,' Theresa AgneH Hcnan, postmistress s

at Rahotu, stated that on the night of ! the robbery she and her sister went to j an entertainment. One window of thoj house was left open at the top. Saw i ■ accused at the Hall, and noticed he left' at the interval and did not return for about half-an hour. Did not discover the robbery till next morning, when her sister found part of the cash box, and; t on going to the safe thsy found the keys in it, but the money gone. Could' not siy if she left the keys in the safe' * lock, but it was her usual custom to • place them in a secret hiding place. I ( Nellie Houan, sister of last witee«,i gave corroborative evidence, and idea- C tified a torn £1 note produced ss being one of those left in the cash box. Jamas Lusk, storekeeper, Oaocui, also identified a torn note as one offered him by accused on April 30th, „ Constable Lind gave evidence as to examining the premises on the day following the robbery and tracing a footmark on the covering of a box near the window, Austen Young stated he had employed accused for some time and paid him £1 a week and found. Considered accused lived up to his meat s. The - attesting signature to the will produced ■« was cot in witness's writing. Paid accused monthly with new notes. To accused: Had never found him dishonest, but did not consider him « trustworthy. Arthur Hirst, clerk in Bank of Few Zealand, Opunake, deposed to cashing three cheques for accused on May 4th amounting to nearly £25. Had also previously changed notes for him. The cheque-book produced was not issued to prisoner but to Mr McPhee. F. Watson deposed to accused booking a passage to England by the Athenic. Annie E. Cor kin gave evidence as to being with accused at the Rahotu Hall on the night in question, and his leaving for about half an-hour. Arther Guy, butcher at Rahotu, gave similar testimony. After examining another witness the Court adjourned till this morning.