SUPREME COURTS.

Temuka Leader, Issue 1571, 21 April 1887, Page 2

SUPREME COURTS.

Timaru—Tuesday, April 19tb.

(Before His Honor Mr Justice Johnston.) Cbiminal Sittings. His Honor took his seat at 11 a.tn,, and made a very ahort charge to the jury, in which he remarked that none of the cases were of an' extraordinary or serious character. JORGERT. Thomas Rooney pleaded guilty to forging and uttering two cheques on the Hank of N.Z., Oamaru. The police and probation officer reported unfavorably, and accused was sentenced to two years' imprisonment on each indictment, sentences to run concurrently. LARCBNT TROM A DWELLING. Eliza Whittet pleaded guilty ton charge of larceny from the dwelling of Heory. The police reported that the prisoner had been sentenced to three years in 1882, and to two years in Dunedin on the 4th inst. A written statement wan handed up to Uis Honor from the accused, stating that her husband was dying from cancer. His Honor said he was sorry for the husband, but he could not alter the sentence on that account. The accused w.as sentenced to three years' imprisonment with hard labor, to commence at the expiration of her present sentence. UNLAWFLULT ENTERING. Gilmonr was charged withfeloniously entering the dwelling of Taos. Tindall Scbrimgeour (Oamaru) for the purpose of committing a larceny. (The jury threw out an indictment foi burglary). The evidence of Mr Schrimgeour v/ent to show that on the afternoon of the 9th April he used some binocular glasses, and afterwards placed them on an escritoire. He retired to rest about half past 12. His wifs and the two servants were in the house. Mr Guild, of Temuka, also slept in the house that night. He was didturbed about half-past three by hearing a \

stealthy step going about; it kept quiet occasionally, and then began again. After some time he got up, and, on openiDg tho bedroom door, eomeone dashed past. He went after him and caught him on the clothes-green. He caught prisoner by the neck. He asked, "What the—— the witness meant by catching hold of a fellow like that V He struggled. The witness put him on bis back. With the assistance of a neighbor, Mr Newton, the prisoner's legs were tied, and he was secured. The next day the binocular glasses were found about three feet from the place where the prisoner was caught. Corroborative evidence having been : given, the prisoner stated that be bad been under the influence of liquor and went to iu a paddock. On waking ap he saw a light, and went into the house to warm himself by the fire. He had no evil intention. The probation officer made no report, *nd priaoner was sentenced to threayears' imprisonment with hard labor. BURGLARY AND LARCENY. James Anderson and John Grant, were charged on three indictments with braaking into a house at Otepopo, and dealing therefrom one morocco leather pocket book, value 16a, and 25s in silver j wi'h the larceny of a pair of trousers and a took; and with the larceny of two blankets.

Susan - Brown H«uder6on, a dressmaker atOtepopo, deposed to leaving her house at half-past 12 on the afternoon of the 24th Murch, and returning about halfpaafc 6 in the evening. When she left the doora ot the house were locked and the windows fastened. When she returned she found the bedroom window open, and a butcher's knife lying on the dressing table. A purse containing 22s Q 6 in silver was gone, and some coins had been taken from a workbox in the kitchen. Isabella Oughton Henderson identified one of the coins found on the prisoners as one of those stolen. It had a hole in j it, wai marked with the initials " D.H.", j

and was given to her by her brothel as a keepsake. After the arresting constable bad given evidence and the prisoner Grant had addressed the jury, the prisoners were each sentenced to three years' imprisonment ?■■ with hftrd labor. ' ALLEGED PERJURY. James Spratley pleaded not guilty to a n Marae of perjury. Mr White, Crown t' os.-cutor, prosecuted, and Mr Tosswill defended. William Wills (Clerk to lb* Bench at Temukn) deposed to an infor* mation being laid against Constable Morton in theR.M. Court, and to Mr Badbam paying the fees. The c««e was dismissed. Denis Guerio (formerly constable at Temnka) deposed to swearing the prisoner. Inspector Broham de« posed to prisoner swearing that one Williams wrote a certain letter produced* F. W. Badham deposed that he wrote the letter in bin own house in the prisoner's presence. J. S. Beswiok, R.M., deposed to hearing the case against Morton for. assault, and to prisoner stating that ft man named Williams wrote the letter for him at the Star Hotel. la cross-examina-tion the witness said he bad given judgment in tha assault case before be knew ihat Badham wrote the letter. Mr Toss* will read a part of tbe indictment in which it was stated that upon the hearing of the information it became and was. a material question whether a certain letter which was produce') had been written by Poster William Badham or ;L James* Spratley. He submitted question w hether the letter was written by Badham or Spratley did not affect the case at all, as Spratley had stated that the letter whs written by Williams, and he (Mr Tosswill) would therefore auk the Judge to direct the jury to return a verdict of "not guilty." Mr White applied that the indictment should be amended, but Bis Honor s»id this could not be done, and directed the jury to re* turn a verdict of not guilty, and the prisoner was discharged. The Court then adjourned till 10 o'clock next morning. * _ SECOND DAT.

Wednesday, April 20. alleged indecent assault. Charles Parker, George Parker, and F. Jas. Slater were charged with indecent assault ob Fane Fleming Dines, at Fairlie Creek, on Feb. 22. Mr White appeared for the Crown, and Mr Joynt, with him Mr Hay, for the prisoners, who all pleaded "Not Guilty." After some argument, at the request,/ of Mr Joynt, it was decided to try Charles Parker first, the other prisoners being.' removed from the Court. Mr White opened the case for the prose* cutioo, and put in a written statement of Charles Parker, which detailed the arrange* ment by which it was alleged the assault was committed, which was ia brief that Charles Parker, objecting to the marriage of his brother to the girl, offered to test her fidelity, while the other two should secretly observe the test. Jane Fleming Dines, the prosecutrix, who lived with her mother and her step-., father, William Close, at Fairlie Creek,' recapitulated the evidence given by her in the lower Court.' , , ' .'• To Mr Joynt witness said that at the time of the assault she had known for- a fortnight that she was enctentt. She had told George immediately, and nest evening he had promised to marry her. He on that occasion questioned her as to how long she bad been so. He a'ao promised that the marriage should take place in about a week from then. From that time to the evening of the assault thw marriage waß spoken of between them occasionally and the question discussed whether it should take place in Timaru or at. Gillingham'a. She preferred Gillingbam's. Witness and George were very much attached to one another. It was about a week before the alleged assault that her

pareDts knew of her condirion from a neighbor. George was always very kind to her. She went witli Charles for the walk that night ia Uie Impe and expectation of meeting George. She hai been with Charles to the same place,, viz., Wilson's cutting, before this just. after the Tekapo Races, a rnoniii be two before Christmas. George was then away at Mount Cook. She positively denied that an> impropriety took place on that occasion. On the night of the assault, she and Charles during their walk spoke of the latter'a neice. She denied certain conversations suggested by counsel* Charles evidently knew of her condition. George told her next evening that he had told Charles, and that Charles had spoken ill of her, and advised him against the union. She and Charles chatted pleasantly; she mentioned her approaching marriage and Charles said " I will be the first tp tin-kettle you then." On the way home that night wit* noss did not ask George to forgive her but to marry her. She did not tell her stepfather, hoping that Georpe would carry out his promise. It was only when he (George) finally refused that she told. George taxed her with impropriety with. Charles after the Tekapo Races, but she dsnied it. George, however, said he would rather believe his brother Charles than witness. George said he would not . see her want for means to lire upon. He had, as a matter of fact, been exceedingly kind to her.

In cross-examiaation, William Close, stepfather of the prosecutrix, said the girl came in late on the night of the assault; When P«Ur paid him hia wages due, £5, bo did not demand any other money. A month elapsed from the time of the event till the information was laid. Sophia Uodley and Sarah Frame deposed to the injuries they noticed op the prosecutrix. Deteotive Kirby gave eridence as to the statement (produced) made by Charles Parker. Dr Hogg, in cross-examination, deposed '* to having examined the prosecutrix in search of bruises, but found none. For the defence, George Parker, one of the aocused, deposed that he was a storekeeper at Fuirlie Creek. He had known the girl four years, and had kept company with her for eighteen months. He found she was enciente some three weeks before: the night of the alleged assanlt, He told her, on making this discovery, that he would marry her. He and his brother made the arrangement spoken of, and it was carried out as described. Charles brought the , girl out under strict injunctions from him (witness) not to do her any harm, but

merely to prove to him. rh*t she was not T* true. Wilson's Cutting was on the way back from Andrews', whither witnessing gone shooting. They veer; returning, r and Btopped nt the cutting, tying up their horses, aod coing behind fbe fence. Presently they heard the voice of Mt«B Dines. It was about ten o'clock at night, fie heard her And her companion talking with freedom and indelicacy, and evidently recalling certain improprieties. [Witness herp .detailed what took place when the alleged assault was committed.] He J ■was mueh agitated at the time. Th 6 arrangement *as made solely to prove who was the liar, Charles or the girl. Witness helped her home. She was in pain. . He walked out with her next evening at her request. She made no tsomplaint of Charley having hurt her. He reproached her with what happened 'on the night of the Tekapo races. She answered that Charley was "a mean li)tle hound to mention the thing to him '{witness)." He told her he had determined not to marry her. She cried and asked for forgiveness. He said her parents .must be t<'H about it, and asked who should te'l tra— she or witness. She left him to uu it. Frances Slatet gave corroborative evidence. Counsel then addressed the jury and and His Honor summed up, and after u : tew minutes' retirement the jury returned ' Vith » ot t\ot g\A\ty. I the other accused, George Parker and I P. s.,Slater, were then replaced in the) dock uxd acquitted by order of. the ( Judge. , 7 '. The prisonerb werelben discharged, j , This case concluded the criminal busi- ( neu. j

DITOXOK. Ftneh t. Finch and Lloyd. Thii wai t cats in which Thomas Knob, Poitmaiter of Gereldine, petitioned foe it divotoe from hie wife on the ground at adultery committed with the co-respondent, 0. A. Lloyd, photographer, of Greraldine. . Mr J. W. White appeared in support of the petition, and there wai no appearance of either the respondent or the co-respondent. Alter Mr White had adclrened the Court, mf Thomai Finoh gave evidence to the effect " that he married Maria Carter on the 21st of September, 1872. They Lived together in Nelson and Geraldine. Had been 12 yean in Greraldine. Had no ohildren. In the J ear 1885 received an anonymous letter askig whether he wai aware Lloyd wai in the •habit of meeting hie (witness') wife in the park Witness spoke to respondent of this, 1 end she denied it. Went to Wesport and ■ then to Auckland with her, returning to Greraldine in April, 1885. Shortly after returning saw her several times making signß to Lloyd. Saw her putting her hand up. She teemed dissatisfied md discontented, and laid several times she would go home to her mother if she was not allowed to do what aha liked. Told her to have nothing to do with Lloyd. One day she admitted intimacy with Lloyd, and went home to her mother, Accused Lloyd of having visited the home in his (witness') absence. Lloyd denied it, , but after witness had given him a blow or two he laid he had been naked in to see an American organ. - B. H. Fearpoint stated that in 1883 and beginning of 1884 he was living in the Greraldine Hotel. Lloyd was boarding there. Used to obaff him about the respondent. He laid amongst other things that he thought it a great shame he should have been interfered with any more than others. Saw him frequently go into the house when Mr Finch Was away. Saw the respondent and himself frequently together at dusk in the park. Heard about' a photograph, and ohaffed Lloyd about it. Lloyd told witness all about ~ it, and explained how he took it. He took it by polling a string, fold him he was a treat fool to be mixed up in such a case, and e replied that he had only done what others bad. Lloyd is a'man between 26 and 28 years of age. Constable Willoughby gave evidence to "the effect that on the 19th July, 1885, he . found a photograph on the floor of the Oeraldine Hotel Grave it to Lloyd, who claimed-it ai hii property. The photograph showed Mrs Finoh standing up, with Lloyd baring his head reclining on her shoulder and looking up in her face. On the night that it was finally settled she was to leave her husband, she said to witness she thought , more of Lloyd's little finger than of Finch's whole body. Michael Tiney, carpenter, Peel Forest, m gave evident* to the effect that on one wet race night he saw in the pa;rk the respondent end co-respondent together. Saw them sitting down together. When they oame out each went different ways to their homes. Tb.ii completed the evidence, and a rule nisi was granted, with oosti against Lloyd, The Court adjourned till the following morning. ■ .

InvebcargUll, April 19. •The Supreme Court sessions opened this morning before Mr Justice Williams. Ah Wah, who attempted suicide by cutting bis throat with a meat cleaver,.in consequence of a quarrel with his father, ■ >pieai3ed' *' Guilty," and was released on . his father's recognisances in £3O to keep •. the peace for B'X months. William Henry •Irwin, for breaking, entering, and stealing £2O worth of goods c from the store of Whittingbam Bros, and Instone, 'pleajded " Guilty," / and was sentenced to ; two years'.imprisonment with bard labor. In the case against Sulleman (a Malay, . long resident on Stewart'*) Island) accused . of'a criminal assault* on a native girl eleven year! of 'age, the jury did not agrtee, and were- locked up. Accuned's ' connset endeavored to show that a section of the Native residents on the island had a grudge against Sulleman. April 20. Id Sullemip's case the jury that was , locked up during Tuesday night were v discharged, and a second one empanelled. The evidence was again taken, and prisoner was found guilty and sentenced to tan years' penaUervitude. :>■ Yl asoasjji, April J 9, In the Supreme Court, the Chief Justice, in a brief address to the Grand Jury merely stated there was no cases calling ;, for attention at His hands, Np bill was

found against Johnston, charged with rape, the girl being a consenting paity. Angelique Tberasse pleaded guilty to a J ' qjiarge of stealing a watch and chain, and was remacded till to-morrow, for the r purpose of, ascertaining what this historical character, as the Chief Justice ; called her, has been doing since last convicted .of petty theft, about four years ago. .