Supreme Court.

Taranaki Daily News, Volume XLVII, Issue 7757, 8 March 1905, Page 2

Supreme Court.

STIU-AX-NTAI, SESSIONS. . trt-aiiiiual sessions jrf -the ' 'laranaki Supj-emo Court wore opened on Tuesday nminiog'. A great i ■ deal of interest was manifested i;.)'til,: > froceedings, the body of thu Conn being filled with the llpublic. Al, 1 Justice Edwurds occupied the .Bench. —(iraml Jury.— i- 'lfollowing gentlemen wore em ; paiiucUi>d 011 the (Jrand Jury : Ale. 1 ( srs A, JI. Arnold, (J. li. liuigcss, .J, i Wythe, (J. Carter, F. I'. Cork-ill i- (foreman), T. Furlong, jun., F. \, i Hull, J), Laing, Xyil VlatUiannkl, I . -K. Orbi'l), J. Pnton. 11. liawson, - .John Skinner, Giisuivi (I o" e W.id-Jy, K. UnU, J. f. •-(>, ,l'. Musi, in, t', CenHi ii, I'-. | , Knbi.ui. ill tiicli of |ho cases Uoun'iho jury returned a uuo bill, and were ' then discharged from uUen-dnnce. i —Charge to (he Grand .Jury,— j , In opening t,, t . Court, his Honour congratulated tin tirund .Jury on the extu-me lightness of the criminal calendar, only three cases being .setdown, in which four persons were concerned. He briefly referred to the cases, and expressed the opinion that the jury would have no trouble in coming to a decision on' these matters, and that their duties would )>« light and brier. In the caw of Henry JofVerd, alias King, and Daniel Munro, alias Way, alias Wilson, the prisoners, ufter being indicted, withdrew their plea of not guiltv. and' pleaded guilty before the .Magistrate. I'Ue plea 'was, -however, too late, and the men htwl to be committed to! the missions. —Breaking and Kntering,— The first case called on was that of Henry Jefferd, alias- King, and Daniel .Munro, alius Way, alias Wilson, who were charged with breaking and entering the premises of Kdgur Chivers and Walter Thos. Jones,! t Okaiawa on the nigtM of Dec. 3. j and breaking open a safe anil stealing therelrom the sum of Ju'JT 13s lid, Both prisoners) pleaded "Guilty," and handed a written statement to the Bench. His Honour said that both the prisoners had long reeoifls. JefVerd had been convicted in- Dunedin, in May. 1-B<JB, and sentenced to live years imprisonment for theft and being unlawfully on premises, and since then had been sentenced Severn! tunes as Hi rogue and vagabond. " ' la( ' 'i longer record against 'in",, extending back to IS'.M, having i eceived sentences up to a years' im-, prisonment at dijVerent centres. His lust sentence was a term of twelve months imposed 'in August, 190 SI. "Doth of you, concluded his Honour' after reading out. the details of their records, "must have been only a short time out of ijrison when vou' committed this crime.'' -Munro : Yes, about three months,' your Honour. j Wi ,s working in the bush in the meanlimc. Jell'eitl said lie.was still under sen-' i large of being n rogue and vagatence passed in December last on a bond. i His Honour : 1 shall take into ac- i -ount the facf, that you pleaded „uilly when it might -have been dif-' hcult to convict you. I shall pass' a very lenient sentence. Both of you express an intention to reform. 11 hope you will. This i s -the last tune you arc likely to get a lenien sentence passed oil you. The result of your career, if yo „ g 0 on , must bo that probably the judge will look upon .you as belonging l to that class which ought to be confined for liie, and will probably inflict on you the lile sentence. 1 hope your expressions arc sincere, and really becuusa you pleaded guilty 1 will impose the light sentence of two mars with hard labour. The money :ound on the accused was, on the implication of Mr Kerr ordered U> be restored to the owners. —Stealing.— Cyrus Wilson, alias Hex, a middleaged man, was indicted on the charge of having on Oct. 21 last broken into the dwelling of Felix Beltringer, town clerk at New Plymouth, und stolen therefrom n pair of field glasses, the property of Mary Ann Dellringer. Prisoner pleaded not guilty, and lively exercised his privilege of challenging jurymen. l \\ llo ,"' ing, .. j V'' y was sworn in :

Messrs Waller Coker (foreman), V ; 11. Ambury, S. James, E. flvdc. j' Were, W. Mills, Ti. J. liilov" v c' Tribe, H. JJ. Pratt, \V. 1?. West, I* !'. Norman, and L. P. Webster. The Crown Prosecutor (Mr Kerr),' in detailing the circumstances, slated that tho glasses belonged to the late Mr .lames 1 llellringer, and were now tho property of his wife, Mrs Itellringer, from whom her soli, Air I"elix lSellringer, had borrowed them. The glasses were in a drawer of the washstand in a bedroom at Mr liellringer's premises in Devon Street. Some time on Priday,* Oct. 21, some person had entered the premises by means of the backdoor, the lock of which was found broken. Mr, Hellringer subsequently missed the glosses, and it seemed that on the afternoon following the accused had sold the glasses to Mr Julian,! jun., of the Taranakif 'Hotel, for the ' sum ot JOs The second-hand value of the glasses, which were good of their kind, would be at least £2. 1 Mr Julian subsequently handed the glasses to Detective Jlenjantin. As to the churges against the accused, "here it was clear the premises had been broken into and the stolen

goods wore found Minus! immediately ait nln in the possession oi u person, the inference was almost irresistible that the person wns also Kiiilly of bivaking- and entering. 1/ there was" any doubt, (he count was divisible, and it was open to i the jury to bring in a verdict of theft only. Detective Uen.iamin gave evidence as to visiting the premises, and examining the drawer, and also the broken lock of the back door. 1-le made inquiries, and the glasses were handed over lo him liy Mr Julian, jun. Accused, when arrested, said that ho knew nothing about the charge.

Cross.examinee! by Mr C. 11. Weston : Witness had previously warned accused that if lie did not clear out of the town ho would probnbly be arres'ied lor vagrancy. Knowing accused's character, he had warned Mr Julian against allowing the man to hang about the hotel. Felix Beliringer gave evidence thai the house had been locked—tooth the front and bnck doors. On 'the date in question he discovered that during his absence some person had effected an entrance by the back door, breaking the lock. On looking round he found thai the contents at the, drawer in liis bedroom hftjf been emptied on to the floor, and that the glusties wpi'ti mjssmg, A pair of silver serviette rings awd a lodge' medal wero also missing from" 'the, sideboaixl. None of thp other silver, ware was interfered with. Frank Julian, sone of the lessee of the Taranaki Hotel, said that on' the date mentioned accused came to' the hotel and offered to sell a pair' of glasses. Jle' jsalfl tljey wore his' own property, and that, he had witnessed a Melbourne Pup wi'tli ilium. Witness told him to bring them a|ong, and after insiiecting them he offered acpusci) 10s for them, which he accepted, anil (.lien left. Subsequently Jjxnfiljnjng- ' what he thought a good bargain,'"he : dfecr>veivd Mn Hellringer's name on the glasses. 110 informed his father, who told him to communicate with the police. Cross-examined by Mr Weston : Witness had seen the accused about the hotel previously. He knew the accused went under the names of Wilson oml tirx, 'j'lif. man said he wag hard up ulieu lie first spolie tj) him about the glasses, Charles Hobert Western, draper, (leprtsod that he was at the hotel in the day in question, t i and saw accused bring in the glasses and converse with the previous witness.' He was positive ns to the identity of accusal, whom lie had seen in the street previously. John 1\ I'ickett, clerk in the Hank of New Zealand, gave evidence that lie was in the hotel 011 the day in question. He saw the accused enter 1 the room with glasf.es similar to those produced In his hand, and li.asj Uiein ucrf)ss"to Frank Julian. Witness dill ljot particularly note the conversation which 'took place. By Mr Weston : Accused mid Julian wore sitting ut the table. Witness did not see the case in which the. "■ glasses were kept, but only the glasses. 1 Mr Weston at th'ii stage nil- ' nouneed that accused v desired to pleaiil guMljj* lo tihe eHu-ye of .di»p.os- « ing of the glasses, but not to break- ; ing and entering. He desired to 1 make a statement. ' 1 llis'Hoiibur explained the law 011 1 this point. However, in the present i case the prisoner's plea did not 111 - I lerially affect the issue, and it wm \ for the jury to declnb the verdict. : After at few minutes' retirement, I llie foreman announced that tlv ] jury JwU fPHttd the j>risom:r guilt}'

of stealing the glasses, but bad not enough evidence to convict, on t'hc | uiirgc of breaking and entering.

The prisoner, in a statement to tho I tench. said that ho.had 1 town sensencod in 3 899. for the first time in His life in Auckland, the term being three years. He was in bad health in gaol, and when he got his liberty endeavoured to earn an hon.st living at canvassing. However, In; liccume sick at Napier and lost his billet. He then got in bad company, ! which resulted in him again setting I into trouble, anil n further sentence ,of I line years, lie hud only i_-ot his liberty a few weeks when he became mixed up with the present cam", owing to being in bad circumstances ut the time. Jn conclusion, accused pleaded that as lie was getting 011 in years tire sentence should be shortand sharp. "<fi\e me solitary confinement anil qorporal punishment, ,vith a shorter term of imprisonment," he asked. Continuing, lie uib'i.l tlii.it this l biiiv a ] better clutnce of earning an honest i living wlien lie came out, as well us the punishment being a deterrent to others from following in crime, llis Honour : In the' hope that I mercy will have a beneficial elTect I will impose the lenient , penally of '.wo years" imprisonment, with hard labour. it is to be hoped you will profit by it. The growing tendency of public opinion now is that perswns who commit crime alter crime should be imprisoned 'indefinitely. In giving you two years I am not sure that ] am not making an error, as by precedent tho Sentence should be longer than .you have yet undergone. I Accused : Thank you. your Honour. I will endeavour to live a better lifo when I come out. I —Sheep-steuVing. — I Frank .Smith was charged with having, on January 6th, at Wniwakuiho, stolen 41 sheep, valued at£32 the property of (Jcoi'gu Uidtlell, ami, further, with having 011 January 7, at Fitzroy, escaped from legal custody. ! Mr Kit/Jierbert, who appeared for |the accused, said that 110 doubt it had been an extremely foolish theft. Accused went on his employer's farm in broad daylight and took away -11 sheep, branded with his employer's i brand, and tried to sell them at Tnglewood. Smith had of late years borne a good character, and all that was against liiui were two convictions for minor offences eight years ago. The only explanation of his present act was that in conversation accused showed himself to be Imtdly in the possession of a'.'l his- faculties. , Counsel, in conclusion, asked for clemency in the circumstances, u nd stated tliai! he could call witnesses to show that accused had up to the time of the robbery carried out his duties honestly. For him to commit such a foolish roWbery," ,idded Mr Fitzheribcrt, " was verging 011 lunacy." I His Honor : Well, he will have to bo shut' up.—(Laughter.) In passing sentence he said that accused was liable to 14 years' imprisonment for t sheep stealing and two years for escaping from lawful custody. As counsel had said, Smith's crime was ridiculous in its execution, but that jdid not affect his intention to steal. |lf ho were 11011 oonipis mentis he ! shou'il be confined somewhere else ,than in gaol, but his condition was not that bad. In the hope that he 1 would reform, his Honour inflicted a I light sentence of two years'with hard ■ 'labour in the New Plymouth common gaol. | The Court at 2.45 p.m. adjourned .to 10.30 this morning, when the civil list will be commenced.