SUPREME COURT.

Taranaki Daily News, Volume LI, Issue 162, 30 June 1908, Page 4

SUPREME COURT.

New Plymouth, Monday, June li'J. (Before His Honor Air Justice Edwards) The Supreme Court opened at New Plvmouth vestenlav morning. '(.iRAND.ICRY. The following Crand duty was cmpanelled:—L. \V. Alexander, Robert Heard, F. J. Morris, Leslie Patlie. John Paton. John Skinner, J. E. Wriglcy. C. K. Bcllringer. F. \Y. Cornwall. E. J. Carl hew, W. N. Ewimr, C. Carter. J. Blvth, A. F. Dugdale. E. iNon, K. C. Webster, S. Tccd. 11, Taylor, Smith, lial Al. Andrews. Mr Ewifig was chosen foreman.

ins noNoirs ui.ucn. His Honor's charge to the Grand .Jury wa- brief. )1(. was pleased (o 1, ( . abb' In say that their time would not be occupied for very long. for there were few eases to occupy their attention. Some of tlio cases, however, were serious.. The first was a charge nf rape. which the./ knew was a serious offence. Another ninn would lie charged with breaking and entering and theft. There was also a charge of perjury, and against a fourth person a charge of false pretences. None of these, however, involved any dillicully in point of lav,. l! was lor the Craud .lury lo decide whether or not (here was sullicienl cvi.leii lo warrant the cases going before (lie

The (Irani! .lurv retired. TJ.TK |i|U,S.

True bills were returned in (he following ca*es : - V. .lohll C.iimhi. alias alias Mailer. alias Willis, wa- chargei llilicr, bii'alvini,' :itul entering and (h.'il. I!,-. v. Wm. .Marshall. perjury al II a Hern: -lohu Adams alleged rape a', llawer.i; I'ewjtiaPl Saiie;-. alrat Me-slealine. at Klthaiu. JinKAKlN'fi. KXTKKINC:. AM) TIIKI'T. ■ lolin Cir.son, alias Wall, alias lieron, at'a- Mane,-. .111; I - \\ ilil-. ua- i ii.ireed that ill, M„v las, al Daw,v., be c.'.ui mil led burglary by breaking and entering by liisrht the Central "Hotel. :m d stole (herefrom n silver teapol, a silver knile. a silver iork, and three .serviette rings, the property of Mary Harrington: (hat 011 alii .May he s(ule from (he ig meat Hotel two leather bag,., valued al IS, the propertv of J. W. Deem: and that on tlio same day he broke and on(ered tlie shop of Charles Cudby and stole four pairs of boots. lie pleaded guilty, and. asked if he had anything to say. stated that he onlv wanted to remark that upon hein? discharged from prison last time, lie go 1 employment. Rut his employers and (lie keepers of the bnnrdingbouses where he stayed were in some wav informed thai he hail just come mil of'prison, lie had tried to find where the information came from, but was unsuccessful in this. Jlo was discharged from two situations because his identity was thus made known, lie also had the fact of his recent incarceration "thrown up'' at him i n his lodgisgs. Finding that lie was not given a chance to run straight, he took drink, and a little more of it than was good for him. It was whilst he was under (he influence of liquor that he committed these offences. ]Io remarked dial all the offences on record asainst him were committed whil-t he was intoxicated. He never committed himself whilst s„ber. His Honor: I nforiunatelv for vott and the public you have ' committed yourself so many times. After .-nine questions by the prisoner and explanations bv him his record, his Honor said that were very serious olVences. and lie was ?uiltv upon his own confession. ISut there w.is no merit in that confession. It. might have pi'olited him a little had lie pleaded guilty in the Magistrate's Court and thus saved the counirv the expense of prosecuting him. The prisoner, lie thought, had had ample warning, and a moderately substantial sentence must b' intiieicd. lie would lie sentenced to thrc" years' hard labor upon each of Ihe three charges, (i,,. sentences to run concurrently. As the prisoner was leaving the dork his Honor iiupre-sed on him that he had been sentenced on three ehaige-, and on that basis he would be deaH with ami treal-d as a habitual criminal if he came before the Couri again.

r|>on Or' ;(J>|)lica tion of Mr. Kerr, mi onli'r wiw niMih' for tin- resliluliwi 01 tlio stolen "noil* to tin l viulit/u] owner.-. PKR-fniV AT JIAWKUA. Win. Miii-Klwll. mi old 111:111, ]il<',i,|.'.| guilty to a ,,f jm-i-jury wnmnilti'il -it .IfawiM'.i (hiring the lif.irinu' m' n cluir'p- apiinst him of 1" a Mitori woman. Mr. \{. j). Welsh ;ippeared fur tlio ac-.-umml. and that the accused was Vi'l'V old III.(II. I,:', i)]' (it VO;ll'.i of n;.'r. {•(!)• a lilrtiniv' lie had horn-' ..u [ent ch;iracier as an industrious iiard-workin? ploiij/luuaii. A couple of years a<ro he received injuries in u trap nceidenf. and those injimiics had h.ul fin<d)Vc! of weakening lii:i will power. ].(<• , &ive way to dn:,k. Kin a pnddhi!joti ord?*r kepi him *fraf.L'hl /or a linn-. lie living with hi-■ wife and married .-Hid lm| litllc I nmWr\ '■vi'j'pf vj|!-n wa- deprived m Ijipno-. The a'-i-u-fd had nr»\\ l*.en in for •\ IUOJIt 11. S'TvillL' 1 111' tiv<» [ft tin- f>ill- i'f Cl for >n;>pith>li'pwr to 1 his "Maori.

Mr. Wel-di was in-ruiis-ion io i.IH ihe evh-onee oj ;*ri(*l ollicial-s ;i- 1" ;>;*:• 11 ~i*s im-nial p-atrtltlon. "Warden l)i. of Die Xcu Plymouth .i;i|r. »i\v evidence that tho mail we .k-i.nnd'-d. wilh siieii a hud memory 1 i.-ii h«' could not even find hk way back to his iiu ii cell af'or work. lb- prisoner, his Honor said he had a duty to poforni in the inof the public. [f this matter aHVcied (lie primmer alone 1.,have ordwod him to come up (or sentence when called upon. 7!nt there was too perjury in the lower Courts, porha?H in t)»i- f'ouri. too. for that mat!rr. hut undoubtedly in tho lower Pourt. fir would pn a li'jrht sentence in eon-idoratinn of his p?e and in eon-id- 1 t'iath>n of the f : ic-t that the perjury wa- i-or.nnit i I'd no[ orl. sojueono ol?" into trouble hut to «e{ hiim-ell' out of i(. The ,nvi-r>ner niu-l have known fill! well th.it iii' hod £ul I hi-- lienor, yet h-' elio-f i• i deny it. M" would In- ;-eu-ienr-ed t" three nji'Mjth-' inipn-nnnieu'.. with hard h'hor. r.\i <r. i'lU-.Ti-vrrs.

Ih.-w Willie alia< Walkerr. Wiihto'-, wii., had pleaded guilty in the v -o:in i.> -i\ ehar«>e< of false prei! ■ i■ t 1 - al Xi'V iMynumth. Tn.ule'.vood n' 1 r-t'iam. c.tin<• up i'nr -.'»nton-"e. A-ked if hj" h nl anything to say, tho lteidvip._, { , hi-. !lun<«r. (h" iui-raul?'ad-miti.'d h: >v 'iiu' '"rvi'd >e\<-? , :(] s-aiieneoq foi i." ui 1 S. r M) (n 1 !'M")I. "Mr. i\e'M <l|V \V V-. If. aUrMlioM to Ike d"po-iiiof!< <;f -he honk ')e'k u'liiji i-howod thai" the-;e sk were only a few of a >eriu'i

committed by the prisoner in this district, tradcMiieu being victimised to the iwlent of £127. IJis Honor remarked that it was an extraordinary tliinn that banks would open an account in these circumstances and thus supply a man with the means of doing this sort of thing. His llonor, addressing the prisoner, said that his plea that he had acted under the inlluencc of iitjuor was hardly likely to be true, but whether true 01 not, it was not likely that he (his llonor) was £oing to allow the prisoner to continue to victimise people in this way. lie would impose a substantial penalty of three years' hard labor, and, further, he would be declared to be an habitual criminal. Prisoner: Docs that mean that when I have finished the three yours J have to start oil the other sentence?

(lis Honor: Ves, it means that at the expiration of this sentence you woh'L be released until you have pcrswide.l the authorities that you are really inclined to reform. Primmer: It means that 1 get two sentejicfs for Die one crime? llis llonor: »bi the contrary, it thai, you have pleaded guilty to six oD'enees, and you Jiave received only oik sentences. ALLECKD HA PH.

John Adams was charged with rape upon a married woman at liawera. Air. Kerr prosecuted, and Air. K, i). Welsh appeared for the defence. The following jury was [impanelled: \V. 1L (Jlvnes, C. Ansford. 11. Sinclair, C. .Roberts. F. C. Tribe, E, J. Smith, h. C. Sladden (foreman), P. L. Roberts, Wm. I'almer, E. H. Edgccnmbe, E. C. King, Wm. Jones. The facts as outlined by the prosecution, were that the accused called at lhe house of the informant one afternoon, and found her in bed, she having been prostrated to some extent by attendance upon a sick child which had been buried the day before. He declined to leave when requested, locked the door and committed the offences alleged, the woman at length calling to her children and sending her boy for help.

The evidence for the defence was to the extent that several people were in the neighborhood and noticed none of the screaming and calls for assistance alleged by the prosecution.

Medical evidence did not bear out the prosecution.

Without reiiring. the jury returned a verdict of ''Not guilty." In discharging the prisoner his Honor said the evidence had shuwn that he was doing .--omelhing he had no business to do, although it bad not proved the offence Ibathad been alleged. He warned him to be more careful in the future.

To wliieh Adams replied that he could give an account of his doings and his reasons for being on the premises which' would quite clear him of any blame in the matter. A CASK DISMISSED. Reginald Surrey was charged with the theft of a yearling stuer. the property of W. J. Campbell, at Elthaiu, on Alay 27th. Air. Kerr, Crown Prosecutor, conducted the prosecution, and All'. A. ii. -Millstone appeared for the defence. The following jury was sworn:—lt. Hall. Vt. 11. Luvcday, ALoore, C. Ho&kin, 1\ Newell, li. d.'Cockj P. P. Corkiil (foreman). K. -J. Matthews, C. 11. Aliils, S. Alahcr. A. R. Aiay, and U. W. llartnell.

Mr. Ken', outlining tlio case for the Clown, slated that Campbell had in his securely-fenced paddock at dusk on Jiay iiik a yearling steer which was not given to'straying. It Has marked 011 [lie right car. Un the morning of the 27th it was nut there. lie went to Stratford, and learned there that the accused had passed through .Stratford that morning with .1 mob of cattle, and that lie had passed t-lie paddock in which this yearling was grazing. It would also he shown that on the road to Stral-

ford the accused had some trouble with a red steer, and (hat he had told a man in passing that he bought, this particular animal from a .Mr. Corkill that or,ruing. This would be denied by Mr. 1 Co/kilt. Campbell went to the fuglcwinid police station, and proceeded with (rn-iable Daddy lo accused's farm, where hi' found t tie' missing yearling, i'.ut Ihe right ear had been recently cut si, as. if possible to destroy (lie means of iih-ntilioyiioii. The beast was removed lo the police paddock at inglcwoud, ami ni'M d,e., in couvei'iistion v. ith (.'unstable Dud.iy.'iie denied having a yearling, but subsequently admitted that this animal i ini' along willi liis mob. but lie had not noticed it uulii he came within loul mile.- of Inglewooil. Asked to necmini. for tile s„eoi' s rij.hl car being cut oil', he . ii ; ; c - ted his dogs might have done the d:'.ina-.'e. Mr. i<crr called William .lemison (ampbell, retired farmer, living al Kiln.mi. who said he kneiv the accused by sight. llis paddock faced the toad which would lrj taken by cuttle driven from the Kllliam salcvariis lo Slraifonl. The paddock was' fenced with four barbed wires on ihe road frontage, lie hail a yearling in the paddock. 11 could have got out, anil it had not out on several occasions before. He missed Ihe beast on the morning of May '27 th, and searched for it. (In the 2Stli he went to Stratford, and next day lie went to Surrey's farm ai Inglewood with Constable Dtuldy. iouiul the missing yearling there, and called to il. lie eon Id swear positively to the fact that the calf ,vas his, although the ear had been cut otf. Hut one side of his earmark was still intact. It was n new cut, done with a knife, and was still covered witli Idood. The eonstabl': took possession of the beast, and drove it to Inglewood. Cross-examined by Mr. .lohnsLoiie: had never had any trouble about the calf strarins' before. The ear was not damaged' on the night of the 2(itli ilav. The nature of the cut was such that it could not have been accidentally caused. To the jury: It was a hand-fed calf. Kdwin Burrows, drover, of Stratford, deposed that on May 27th, between S and !l o'clock in the morning, he was rid-

ing from Stratford to Klthani, and met accused about half-way between Mori--son's nursery and the Xasli road. Accused was driving cattle, and a reddishcolored yearling was lagging behind. Surrey said that he had just got this beast from Corkill's, a litlio further on, and that it was trying lo ''best" him. The beast he saw at tiie Ellliam courthouse was about the same size, but he could..not say irheiher it was the same beast that Surrey had. Win. Corkill, 'farmer, of Die Nasli

road, Stratford said the yearling in 1 question had never been his. lie had on olli .May sop! ~'v !l.months' old calves at .Mr. Newton King's Stratford yards. One strayed bark lo his farm, but within ihree weeks it was taken away. He had never sold a beast to Surrey, and had never seen him oil his (witness') farm, lie hail by enquiry at the next of 111'. King's sales found that Surrey was the man who had bought the calves at Stratford, and about a week after j

tint Ihe animal was taken away. ll : s calf had more v\liite about it, was older, ami of tin* opposite sex to the calf now in ipiestion. Ito-examined: Witness' calf had a slight nick out of »lio rij>ht our. Cnnstaide Diidd> 0 of (!i\> vi*it (o Surrey's farm villi Camp Ml.

, Tlio ktUer wen( info (ho pat/dork and | identified tin' anii'i.i}, drawing llio con- ! >lahle's nlli-nfi'ii to (lie mnlilatfoji of the ear. On .examination ho found wliat apprap-d io he the remna?jf; of an old oar-mark in !h" middle of ihe ear. The mi Jvivni, and there was coilhealed Idood oil l!;,« surface. lie and I 'unsiaide Wade sul>-a-i|Uuntly saw Surrey 011 tin* Dudley road. Informed him thai he hail removed ;i hea-d from his farm, and il. The reply wa.-> lliat lie had no y^iU*-

line's in his mult. After a little (/olive rsaliiin shTii-u'il -aid 111- had some about. niiiH niohtlis" old. Invited liim to tin- police si.;il i<iil lit this yearling, and fie said (liciv'. "Yes, J'vv seen i(. before/" Me fui'i!u>i- sailed it had T»oen iii the inn!) which !n- hud brought from Kltham. nml that he had first- noticed ifwhen opposite Landman's place, or about 4''. miles from 'fiujiewood. Tho imitil--Itr d oar, li»- suir^f-.!(»d, had been caused , It the bite of 0 fin;/, Surrey added (if.-'j hi- had int uo<|Ufl inline; l!i (> auetioneors wilh the f«ift that he had Die animal. hut bad not yet done so, lie ;i)xo admitted the freshness of the eiit, and tint there was still a traeo of ,in earmark. tto added tlmt ho had frooivnMy picked up leasts on tlio road, I ;ind that the usual practice was to ill- ; form the auctioneers. who found the owners. La [pi* in tho afternoon Surrey c-rtlled at tho polico station, and stated t.luit lie had out this beast '.nit with his own from tho moh ho was driving on the oven:n<* of May 27th, Tfo found it with his own near the Dudley road creamery next morning. T«> Mr. .Toluistoiio: Gave Surrey no warning that, his answers miuht ho used njrniiist liim. Tic was cpiHo *traip;htforward and did not a'tempt to prevaricate.

Tho ea~o for tho jiro«ooitlion closed at ' and >lr, .lid«ii-.iono opened for the defence, lie (hat at tho Kith am silcvanN "ii 2(ith Surrey, a farmer and doaler nl TuirW'ond. ?net a mnn named who him to brills a moh of som" u{ eaitle from thf yards to "Fif/roy, away uiili some of liis o wn in tho onrly hour- of ne\t mornin:'. pieked up a on'if of hi- at "Ur. f'orki]! on the \nsh road, and lat'M' nji H" pieked ui) nine at Mi.ll.drsj. \Yh n n about l l '. milos from Tnplewood he iioiir-e,] (hat he had a rhlo 'o nil i' onf of the herd. At the I 1 ujiiew:><id fUndloy vortd) yards he | drafted uut cattle from his

own, nnd'put the stray calf with his. Ne\t morning lie took Murtagh's mob on to l'itzroy, and returned to his farm the evening afterwards, when he learned that the calf had been taken possession of hv the police. Mr. .Tolmstone called the defendant, hut before lie had even time to be sworn, the foreman intimated that the jury liiul no wish to hear any further evidence. i The. verdict of "not guilty" was forinallv entered, and the prisoner (lis'•'ii'rk'ii