SUPREME COURT.

Temuka Leader, Issue 1982, 14 December 1889, Page 2

SUPREME COURT.

CRIMINAL SESSION.

Timarh— Wednesday, Deo. 11, 1889. (Before His Honor Mr Justice Dennistonn)

THREATENING LITTERS,

Thomas Chute, a middle-aged man, pleaded not guilty to a charge (six counts) of sending threatening letters to Alfred Bichener, of Waimate, on July Bth. Mr Raymond appeared for prisoner. The following was the letter; “ Warmate, Bichener—l heard you are going to plough the flat but I tell you if you do insure your life and have your coffin made, you and your liorsea both. You will get plenty of powder and ball. You or yours will never cut the crops. You got up a petition against a poor man for fencing one acre or 2 and now you turn up and fence in the whole. Take care of yourself and what yoa are doing. You live and let other man live. I am a bush resident and an Irish Feenan. This I hope will be plenty of notice for you before you make any more trouble. Any one who ploughs it may expect the same. I urn a thorough Irishman while I live. This ought to be plenty of notice for you DOW."

Mr While, Crown Prosecstor, said the prosecutor and accused lived near each other at Waimate. For soma years* a number of people there hod been accustomed tograz! cattle on a piece of' vacant laud, as a common, the accused being one of them. The land, about 49 acres, belonged to Mr 1). C. T. Innes, of Wellington, and in May last the prosecutor, Bichener. leased it, and fenced it in. On the Bth July he received the letter (as above) through Iho post. Subsequently two other threatening letters were received by the prosecutor through the post. The letters bors no signature, and the first thing to be done was to ascertain who was the writer, before proceedings could be taken, and steps were taken for

that purpose. The loiter was given t° Sergeant Gilbert the day it was received, and the sergeant wrole a letter of inquiry to Chute and caused this lo be posted at Oamaru. A reply was received to the letter and a comparison of the writing caused suspicion to attach to the accused. Other letters written by him were obtained, and several experts would say that a comparison of these and of the threatening letters proved them to be by the same hand.

Evidence tor the prosecution was then giyen. The similarity of the writing in the letter and that of other documents was testified to by experts who were of opinion that they were all written by the same person. One of the writings relied upon was a subscription to a petition, supposed to have been written by accused, “Yours respectly, gentlemen, Thomas Tee.” For the defence accused denied writing the letter,and his wife swore that she wroto Tee’s signature to (he petition. Ou being requested to write the words in Court she did so. and again misspelled “respectfully.” The writing was also very similar. The accused also wrote from dictation, but did not make the same mistake.

After counsel bad addressed the Court His Honor, in summing; up, said the chief question was ns to the handwriting. He pointed out that of the letters by the same hand one was disguised, as they differed much, and disguised handwriting was usually more cramped than ordinary. In this case, the threatening letters were written in a decidedly more flowing style. The object of the dictation by the Crown Prosecutor was to entrap, but it had failed, as while the original was misspelled in many words, the accused spelled correctly. The experts had sworn positively to the similarity of the signature to the petition, and this bad been proved by b«r writing of the same words in Court to be Mrs Chute’s. That might suggest to the jury another author for the anonymous letters, but the Crown had pinned their ease to one man, and the jury must do the same. After a short retirement, the jury found the accused “ Not guilty.” DUAL TOTING. Pickett, found guilty of voting twice at the Oamarn election, was then placed in the dock. The prisoner had nothing to says why sentence should not be passed upon him, aad Hia Honor sentenced him to 24 hours’ imprisonment. STEALING SHEEPSKINS AND WOOL. John Tozer was charged with stealiag and removing 5 sheepskins and 501bs of wool oh 22nd September at Oricklewood. There were other counts charging him with receiving and with also stealing sheepskins from Geansy’s slaughter yards, Pleasant Point, After hearing the evidence, which was similar to that given in the R.M. Court and already reported, the jury found a verdict of not guilty, and prisoner was discharged. CIVIL SESSION. Timaru—Thursday, December 12rn. (Before His Honor Mr Justice Dennuton). Jane Reid v. Rudolph Friedlander, Ashburton—Claim £3OO damages for injuries arising from an assault. Mr Wilding, with him Air Bruges, for the plaintiff, and Mr Purnell for defendant. Id this case the evidence showed that on the 9th August the plointiff was in the employ of defendant as a domestic servant. She was under notice to leave, bat agreed to stay until the end of August if given a day’s holiday. Airs said she could have a Friday, and on that morning she got up early and did part of her work, and asked the cook to take in breakfast; Airs Friedlander, however, asked plaintiff to take in breakfast ; sho did so, and afterwards went to clear away, and while doing this she said to Airs Friedlander that it was hard not to lei her away fer a whole day, when she had done the other girl’s work tor two days and two nights, and she would not hare asked for a holiday if she had not been ill. After a few more words the plaintiff says she left the room, and Mr Friedland followed her into the passage, struck her two violent blows on the back, and she fell forward, her forehead came in contact with the edge of a door in the passage, two ugly wounds wore inflicted, the bone being laid bare, and she lost a great quantity of blood. Dr Tweed was called in and sewed up the and treated her for a week at Mr Friedlander’s house, andafterwards at the bouse of a friend. She bad suffered severely, had been for many week* unable to pursue her vocation, and she still suffered pains occasionally from the effects of the wounds.

Id his evidence the defendant said the girl was a good servant, but had a bad temper. On the morning in question he r found her talking in a defiant manner to • Mrs Friedlander ; he told her to leave the room, she defiantly refused to go, and h# took her by one arm, led her through the door into the passage, to which she walked quietly, and closed the door upon her. As he turned round he heard a fall and a cry of “ oh,” and the girl returned to the room with, her head cut end bleeding. Ho thought that the girl in her passion slipped on the linoleum in the passage, it being slippery from being washed with milk. The jury failed to agree and were discharged, and tho case was hold over until next sittings of the Court, C. C. Sommers (Christchurch) v. P. W. ‘Eiby and Moss Jonas (both of Timaru)— application for an injunction to prevent defendants seizing stock, and £2OO damages. Messrs Wilding and Bruges for plamtili and Mr Kippenberger for defendants. In this case the evidence wont to show that the plaintiff sold a business to one Waller, and, taking a bill of sale over the stock, one of the bills not being met ho went to take possession on the 28th May, but his bailiffs, Redfern and Batcock, found another bailiff named Mair in possession under a bill of sale given to W. Eiby. By some means Mair was got off the premises on the 4th June and locked out. Jones and Eiby threatened to retake possession by force, and sell, and Sommers applied at the Supremo Court, Christchurch, for an injunction stopping the sale. In his evidence Sommers said he had compared Eiby’a bill of sale with hia own, the result bein'* that Eiby only had a claim over a third of the stock. After obtaining the injunction his bailiffs were left iu charge to the end. He had incurred very groat expense on account of Jonas’s action, having to consult solicitors in Christ*

church and solicitors in Tirnaru over the matter. He computed his expenses at £IOO 5s 6d—made up of bailiffs’ and lawyers’ fees, hotel expenses and cost of taking several railway trips. The Court was then adjourned for the day. Napier, Dec. 11. F. Hankioson, for forging and uttering, got two years ; J. H. Watson, for uttering, twelve months hard labour; H. Hawthorne, for horse stealing, was admitted to probation for twelve months, and E. Hopkins, his companion, had sentence deferred pending evideoca as to character. Blenheim, Dec. 11. I James Taylor, alias Scottie, alias Thomson w fi ß sentenced one year for larceny.