SUPREME COURT.

Tuapeka Times, Volume V, Issue 259, 16 January 1873, Page 6

SUPREME COURT.

CRIMINAL SESSION.

(Before his Honor Mr Justice Chapman.) December 6. *The quarterly session of the Supreme Court, for the despatch of criminal business, was opened this morning at ten o'clock. The following gentlemen were sworn the Grand Jury : — Messrs G. Turnbull (foreman), C. • Ziele, P. Barker, S. Collinson, Jas. Curie, T Dick, G. Herbert, J. W. Hutchison, F, H. Irwin, T. W. Kempthorne, H. Law, K. A. Low, H. M'Neill, Jet. Oliver, R Paterson, A. FT. Shury, C. Stewart, J. T. Tame, and James Wilkie, senr. The Grand Jury brought in a true bill against Robert Littlecott, and after a time, true bills in all the other eases, excepting that of Peter M 'Donald, for arson. EMBEZZLEMENT. Robert Littlecott, a respectably dressed young man, was" indicted for having, in September and October last, embezzled monies belonging to Thomas flood Brown, of Oamaru. Mr Haggitt prosecuted on behalf of the Crown ; the prisoner was undef nded. — T. H. Brown said that on the 16th October last he bad occasion to go out of town, and went, leaving the prisoner, who was then officiating as clerk for him, in charge. He returned at aa early hour, and found his premises closed, and afterwards received a letter from prisoner, stating that circumstances necessitated his leaving Oamaru at once. Witness thinking that something was not right, made inquiries, and found that certain monies paid to pi isoner on his behalf, by Messrs' M'Kenzie and Rushbatch, had not been accounted for. : He • then communicated with the police. — Moses Rusbbatcb said, ia September be owed some

money to Mr Brown, and paid L 3 to prisoner on Mr Brown's beha f, ns shown by the receipt produced. — M'Keuzio s»id tiiar, on the 16th of October, he paid the prisoner L 4 7s 9d belon^ng to Mr T. H. Brown.— Sergeant said, he arrested the prisoner on board the Heathor Bell, at Oamaru, some time before she sailed for Newcastle, New South Wales. The prisoner was concealed in a locker at the time. --The prisoner denied the charge, sating that he had paid over the monies mentioned in the indictments to the prosecutor in the Star aud Garter Hotel, that he was in the habit of paying over monies to Mr Brown ia ail sorts of places and under different circumstances., which were not accounted for in the books by the prosecutor for some time after the dates of payment, and that therefore the evidence of prosecutor should be taken for what it was worth.— The jury then retired, and in the course of a few minutes returned with a verdict of guilty, and a recommendation to mercy on account of the very small salary received by the prisoner. —Sentence was deferred. FELONIOUSLY WOUNDING. John Peter Beck pleaded not guilty to an indictment charging him with having, on the 27th December last, wounded Jana Beck, his wife, with intent to do her grevious bodily haim. Tne prisoner was not defended.—Jane Beck said she was married to pri oner two years labt IN ovember, and resided with him at Coal Creek. On the 26th cf December last Bhe went with her husband to the races. They started to return from the course about tlusk. A man named JS elson, a»d another named Fitzgerald, returned with them. After they had got a little way .he,r husband went into the bush and lay down. &he went ' to him aud asked him to come home, when he called her a name and attempted to kick her. She then went on her way home, Nelson accompanying her. Fitzgerald remained with her husband. She got down to the bank of the river, and remained a couple of hours waiting for her hubband. He did not come, and bhe proceeded home with the men mentioned. She asked them to remain .and protect her. Botn stayed uutil about twelve o'clock, when f tzgerald went away, and Nelson stayed on. Her husband was intoxicated when she left him. f-he went to the store and got a bottle of liquor ; Nelson and her had seme, and she then said Bhe would go to bed, and .Nelson replied that he would go outside and walk about until daylight. .Nelson went out. She locked the door aud lay dowu in her clothes. At daylight she heard a knock at the door, and on opening it her husband came in. He asked her what the bottle on the table meant, bhe replied she got it last night. He then seized a small axe, and pressed her on the bed She put up her arm to save herself, and he struck her on the wrist. He was striking at her again, when she cried out "Murder! God have mercy on me." iNelsop rushed in, and she escaped to Haydeu's public-house. The axe was lying near the table when he came in. He struck her with the side of it. >he gave him no provocation whatever on this occasion. About a fortnight before this he said " he would do for her, and give her a blow that would prevent her going out again." He had struck her three times before. He was quite sober when he came home. During the day she went to the doctor, and had her hand done up, and also to the police, and lodged an informauon. She returned home and found the sergeant of police and her husband in the house. Cross-examined : She said on one occasion that if he struck her, she would strike back again. She did not deny that N elson was in the house. —Andrew JS elson, a packer, said he was with prisoner and his Wife at the Teviofc on the 2b'th December last, and started to return with them about six o'clock in the evening. After Mrs Beck went to her bedroom, he lay down in the kitchen and went to sleep. He was woke up by a noise outside. Beck then entered, and soon after he heard hercrying out "murder," and rushed into the room. Prisoner had his wife pressed on the bed, and was in the act of striking her. He seized upon prisoner, and a scuflle ensued. He received a wound on the head from the prisoner. Mrs Beck, meanwhile, got away from the house. Prisoner went outside, taking the ax,e with him, and remained there some time. He was perfectly sober when he c me home, and Mrs Beck was apparently sober when she went to bed. Witness remained in the house a little time after the scuffle, and was ultimately chased away by the prisoner with, a stick. He did not see anything more of prisoner. — Tames JJaly, !*ere:eant of Police at Teviot, said Mrs Beck came to the camp on the morning of the 27th December. She was sober at the time. She made a statement, and soon after he proceeded to prisoner's house and arrested him. On entering the house he took up the axe, and prisoner asked him if his wife had said that he struck her with it. He replied in the affirmative, and immediately Mrs Beck came in, and said her Jife was in danger. He then arrested prisoner. The prisoner made the following statement at the enquiry before the Magistrate : "I feel sorry 1 did it, but it cannot be helped now. If I had not seen the bottle on the table and ndrew Nelson in the house, I would not have done it. " The prisoner said he did not intend to do his wife any harm ; he only wanted to frighten her. tie was excited, by seeing the bottle and Nelson in the house, and having taken drink freely during the previous day, was not altogether himself. After Lalf-an-hour'B deliberation, the jury found the prisoner guilty of unlawtully wounding. The prisoner was then sentenced to imprisonment for three months. FELONIOUSLY STEALING FROM A DWELLING. Peter Uobinson was charged with having on the 3rd of June last stolen from the residence of Handtz Brandt, at Kyeburn, LlO in money, the property of said Handtz Brandt. Prisoner pleaded not guilty, and was not defended. John Jepson, a miner, said : On the 3rd of June last he was living on the Kyeburn diggings. He theu had a mate named Brandt. He sold some gold in May to the Bank of New South Wales, and received two ten-pound notes on that bank, and other money. One of the notes was larger than the other, and had a piece torn off the upper left hand corner. He gave it to Brandt. The note produced is the note he gave him. — Handtz Brandt said : In June he received from last witness a ten-pound iiO&e and other money. The note produced was the note. He put the money m his Sunday trousers, and hung them on the wall of his residence. He last knew he bad it in his possession on the night of the 2nd of June. He slept there that night, and went to work about 7 o'clock the following morning. The trousers were lunging on the wall then. Before going to work he fastened the door with a padlock. On returning at mid-day, the note was in its place. At 4 o'clock he again returned, and found that the padlock was not as he left it. He then w«nt inside and found that his money was away. About 2 o'clock in the day he observed prisoner cross the gully within four or si . hundred yards of his hut. The next time he saw the note it was in the possession of the police, lie did not part with the note, or give it to any person. — John Stewart Shepherd, said : He knew the prisoner well, and also Brandt's hut. He saw prisoner on the morning of the 3rd of June in the ranges near to Brandt's hut. — Louis Cameron, publican, said ; He changed a ten-pound note for the prisoner on the 10th of. June last. He did not notice on what

bank it was drawn. He had not sufficient change in his possession at tho time, and therefore handed over the note to Russell to get it changed. — George Russell, sad : He was present when prisoner first offered the note for change He took it to a Chinaman, who changed it — A. Loon said he got the teu-pouud note produced from George Russell. He knew it was the same note, because when he get it he wrote his name on the back of it. His Honor, in passing sentence, said, " Prisoner, six months ago you were convicted of stealing a watch at Alexandra, and, taking all the circumstances of your then, case into consideration, I passed a light sentence on you. The crime now preferrsd against you was committed before that time, but it was not until after your imprisonment you were identified with this crime. You will now be sentenced to two years' imprisonment vith hard labor, to commence at the expiration of the sentence yon are now undergoing ; and, if you again come before me on a similar charge, you will be more severely dealt with." The Court then adjourned until ten o'clock next day.