SUPREME COURT, TIMARU.

Temuka Leader, Issue 1276, 11 December 1884, Page 3

SUPREME COURT, TIMARU.

CRIMINAL SESSION, Tuesday, December 9, 1884. (Before His Honor Mr Justice Johnston.) The half yearly session of the Supreme Court in Tirnaru opened on Tuesday. In his charge to the Grand Jury His Honor referred at great length to the charge against the Bedir-ans of counterfeiting coin, which was a crime comparatively rare in the colony. In the course of a long experience at Home he did not recollect of any case being heard where a person had tried to counterfeit coins by merely painting over other coins. This rather tended to show that the conspiracy or combination that had already commenced had not been very well established, and also that the people who resorted to such means as those used trusted to the gullibity of the public. The charge of rape preferred against one Thomas Park was a very serious one. It appeared that the young girl on whom the offence was committed was over that age when the law says consent may be given, the girl being 14 years old. If therefore they thought the girl had consented it would be their duty to find the prisoner not guilty, but if on the other hand they thought she had not, and her story was corroborated as far as circustances were concerned by other witnesses, then they should find a true bill. His Honor then briefly refen ed to the other cases. During the dav the Grand Jury found True Bills against Thomas Park, Henry Bodley, Jas, Mitchell (one charge), W, H. Harris and Charles Audoire, Jos. Dyer, James Pulford, J. C. and G. Bedman (three charges) ; and No Bills in the case of Dnncan Fraser, Jas. Mitchell (on second charge), and George Clark. In the case of David Taylor for embezzlement a true bill was found last session, but as tbe jury disagreed then he now came up for a new trial. BREAKING INTO AND STEALING. James Mitchell was then charged with that he did on the 11th September, 1884, break into the Waimute County Council Chambers, and did steal therefrom one key and one candle the property of the said Council. The prisoner was undefended, and pleaded not guilty. After hearing the evidence of Sergeant Ramsay, Naylor Hillary, Daniel Jackson, James Baxter, Roger Kelt, and and one or two others the prisoner* was sentenced to five years’ penal servitude. One or two previous convictions were proved against him, RAPE. Thomas Park pleaded guilty to having, at Geraldine, on Nov. sth, committed rape on Anna Bowman, aged 14 years. In reply to His Honor, the pri-oner said he was in delirium tremens at the time, and did not know right from wrong. He now fully realised tire wrong he had done. Inspector Broham said accused had been twice convicted of larceny' and once of drunkenness, but lie was believed to bo otherwise a harmless man. His Honor sentence prisoner to ten years j penal

servitude, pointing out that he might have imposed a life sentence. LARCENY. Henry Bodley was charged with, on the 18th day of June, 1884, the larceny of 85 bags of oaten chaff, the property of David Gray, Rollesby station. Mr Hamersley appeared for the accused, who pleaded not guilty. After hearing the evidence the jury returned a verdict of “ not guilty” and the prisoner was discharged. The Court then adjourned until the following morning. WEDNESDAY. LARCENY AS A BAILEE. James Pnlford was charged with the larceny as a bailee of two horses, the property of J. S. Hayes, M.D. Mr Hamersley appeared on behalf of prisoner, who pleaded guilty of selling the horses without any knowledge that it was wrong to do so. As will be remembered Dr Hayes lent the prisoner £SO, and took a bill of sale over the horses, which horses the prisoner afterwards sold in Ashburton. After Dr Hayes and Mr Brogden had been heard as regards the man’s character, His Honor said selling the horses under the circumstances was as much theft as if he stole them, but as the prisoner appeared to have honest intentions he would deal leniently with him. He was sentenced to three months’ imprisonment with hard labor. STEALING FROM A DWELLING.

Joseph Dyer was charged with stealing from the dwelling of Roger Kett, Waimate, a cheque for £9. Mr Hamersley defended the prisoner, who pleaded not guilty. Mr White, Crown Solicitor, in opening the case stated that on the 14th May a man named Mahoney received a cheque for £9 from a man named Hanley, and it was left in a box in Kett’s Hotel, at Wairaate, until the Ist of June, when the prisoner told Kett he had taken it, and obtained cash from a man named Boyce for it.

In the course of the evidence it appeared that Hanley had no account in the Bank, and that, it was consequently a useless cheque. It then became a point of law as to whether stealing a valueless article could be a larceny. After considerable argument His Honor reserved the point. Evidence to the above effect having been taken at length, the jury returned a verdict of “ guilty.” His Honor reserved judgment until he had considered the point of law. W. H. Harris and Charles Audoire were charged with having on the 3rd October last entered the Grand Stand at the Orari Racecourse, and taken therefrom several bottles of whiskey, brandy, etc., the property of Samuel Breadley, hotelkeeper. Mr Haraersley appeared for Harris. The evidence was to the effect that Samuel Breadley had the Grand Stand at Orari on the day in question. On the second day all the unsold stock was put into a bar in the Grand Stand, and the place was nailed up. The prisoner, Harris, had liberty to take the empty bottles from another Stand outside the paddock, but not the bottles at the Grand Stand. At 9 o'clock on the second evening the two prisoners were seen picking up the bottles. They took their express opposite the gate leading to the Grand Stand; then they went to the Grand Stand, and a noise of bottles was heard. After good deal of evidence had been taken, the jury returned a verdict of “not guilty ” without delay, and the prL soners were discharged. There were two more cases, but the Court adjourned at 4.30 p.m.