SUPREME COURT.

Wanganui Chronicle, Volume XXIV, Issue 9662, 24 October 1882, Page 2

SUPREME COURT.

♦ Monday, 23rd October, 1882. (Before His Honor Mr Justice Richmond.) The half-yearly sittings of the Supreme Court for the district of Wanganui Opened yesterday morning, His Honor Mr Justice Richmond taking bis seat on the bench at five minutes past 10 o'clook. GRAND Jt/_Y. — The folio wing gentlemen were sworn in as a Grand Ju**y : — Messrs David Peat, Joseph Abbot, JR. Hair, J. W. Peake, C. H. Ashforth, Gilbert King, Thomas Steele, A. H. Owen, W. Alexander, George Brooking, Edward Howe, C. H. Babbage, J. G. Butts, Robert Pharnzyn, W. P. Currie, Thonias Culpan, F. K. Jackson, George P ake, Morton Jones, Frederick Richards, and John Ballance. Mr Pharazyn I wa3 elected foreman. I judge's charge. HiaHoDor, in delivering his charge to the Grand Jury, said ho was happy to say that they bad a short calendar to deal with. There were only five cases, and he was not sure that all of them would bo presented for trial. There wero three charges against Europeans, aud of the most ordinary kind. All were cases of larceny from the person, and had they been simple larceny they would probably have been dealt with by the Magistrate or the District Court, but larceny from tbopersoD necessarily came to the Supreme Court, though there might be also special reasons for sending these cases there. In every ono of tbe three cases the prosecutor had himself to blame for his loss, if he has incurred it, for in all instances the robberies were from a man rendered incapable by drink. As usual, drink was at the bottom of nearly all the crime in the colony. He had often had to say this from the Bench, though it wa3 not a pulpit, and no number of sermons would put drinking down. The only way was to supplant coarseness by refined tastes, such as would be brought about by education. It was not too much to hope that they had greatly improved in cultivation and civilisation. This was a grazing district, and it might perhaps seem absnrd for a criminal Judge to talk about refinements or the fine arts, but he certainly thought that such matters would greatly tend to the prevention of orime It was not the time to go into particulars, but he was sure that many of tho Grand Jury would fully agree with him on that head. Something had been done in Wanganui since he was last in it, and he could see a great change in embellishing the town even in the neighbourhood of the Court. Such improvements would do much to relieve the behaviour and coarseness which they all deplored, and to substitute a taste for the cultivated and beautiful. No doubt there was muoh drinking in Wanganui, but it was to the credit of the place that its tippling was done very quietly. He could testify that the town was in a very creditable state of quietness after the recent races and show. It was only fair to admit that fact, whilst commenting on the prevalence of drinking. Even in that, however, Wanganui had made a consi.lerable advance sine) Le was last in the place. There were two remaining charges, both against Mioris. Of one of tbem the jury would possibly hear no more, as the prisoner had demanded a Maori jury, and His Honor was not at present aware whether there existed the means of giving him one. But in this case also drink was at the bottom of it, if the offence were committed. It was a question whether they were taking the Maori race up or down with them. They wanted no London Joint Stock philanthropists to take care of the natives, for the colonists were able to so themselves. But it was to be remarked that a primitive race were much moro likely to ba acted upon by the vices than the virtues of civilisation. The Maori were exposed suddenly to temptations new to their rase, and it was very difficult to bring the restraints of civilisation to bear upon tbem. Therefore the Maoris came under tha influence of the lower instead of the better class of Europeans, and Ihe result was a strong tendency downwards among the Maori people. The better men amongst the latter were drawing back from contact with the Pakeha, and in this many persons were bound to sympathise, however much they might differ as to the way of carrying it out as a matter of practical policy. In the case last alluded to the offenco appeared to have been committed by . a man. suffering from " the horrors," and that had led to His Honor's, remarks, ou ttte

matter. . The last case on the calendar was one that would surprise their London friends, as it consisted of forgery by a Maori. That and horsestealing seemed favourite offences with •Athe younger Maori people, and were common also on the East Coast. The offenders presented a singular mixture of simplicity and art. There was nothing in any of the cases presenting any technical difficulty whioh rendered it necessary for His Honor to make any further, remarks, though he should be happy of course to give any information or assistance the jury might require. _ The Grand Jury then retired to consider the bills presented to them. TRUE BILLS. True biUs were found as follows : — John Williamson, larceny from the person; William Higgins alias Price alias O'Brien, larceny from the person ; Tereturu Hamahona, forgery ; Herman Wiesner, larceny from the person. POSTPONEMENT OE INDICTMENT. In the case of Pohara, a native charged with inflicting grievous bodily harm, Mr Fitzherbert, Crown Prosecutor, enquired what course the Court proposed to take, as the accused desired to be tried by a Maori jury, and there being no native panel, the trial could not take place at the present settings. His Honor desired Col. McDonnell, as interpreter, to enquire of Pohara, whether he still wished to be tried by a vMaori jury or in the ordinary way. Accused replied that he preferred to be tried by his own race, and the indictment was therefore postponed until the next sittings, the accused being again admitted, to bail upon sureties. LARCENY FROM THE PERSON. John Williamson was indicted, and pleaded not guilty to having on the 6th June last stolen £4 ls, and a Post Office Saving's Bank book from the person, of one William Brown. — Mr Fitzherbert officiated as Crown Prosecutor. The following constituted the jury : — Messrs' S. H. Manson (foreman), T. Wixey, John Brennan, James Dempsey, Henry Collier, Thomas Denby, Henry Bendon, E. A. Bichards, Joseph Harvey, John Russell, Charles Smith, and James FarrelL The following evidence was taken for the prosecution. William Brown, the prosecutor, describing himself as a sailor, stated that he was drunk at the Bed Lion Hotel on the day in question, and was taken.up by the police, handcuffed, and put in an express. At that time he had in his possession three or four pounds in notes and silver, and a hank hook (produced). The property was all in his right hand trousers pocket, the notes being inside the hook. Knew prisoner as having come up a trip with him in the Wallabi. Prisoner was at the Eed Lion and witness was drinking with him. He got into the express and accompanied witness over the bridge to the lock up. Witness missed his property when he reached there, and was sure that he never gave either the book or the money to anybody. Bernembered prisoner when in the express putting his hand in witness' pocket and taking the contents y. out. Witness "sang out" thathewaß . robbing him. Could not identify the money. A policeman, expressman, and (witness believed) a detective were in the vehicle also. —By the prisoner : Witness never gave the money to prisoner to take care of, on the ground that the police were after witness. — By the Court: Witness was "pretty well on'" that day. Michael Foley, express driver, proved the arrest of prosecutor by Constable Lyster at the Eed Lion Hotel, and that prisoner got into the express on the constable's invitation. Witness and the constable sat on the front seat, and prosecutor and prisoner at the rear. When they reached the lock-up, prosecutor declared that he had been robbed s in the trap. Prisoner said that that was tomsense and that prosecutor was too "sl*unk to know what he was saying. Prisoner further said that he thought he had better go as it was no good his staying. Constable Lyster hatd gone inside jSv, the station to get assistance. Witness advised prisoner to stop till the constable came back. Sergeant Bisset and Constable Lyster came out, and prosecutor then accused prisoner of the robbery. Prosecutor and prisor erwere then placed separate cells, and on the latter, when searched, were found the hank book and money. Prisoner said that, prosecutor had given it to him tb keep, but witness saw nothing pass from one to the other, and prosecutor from the Bed Lion to the cell was in handcuffs. — By the prisoner : You never said to me that Brown was not robbed because you bad got bis money. The first I heard of such a thing was after the sergeant had arrested you and when he was taking the property from you. Prosecutor was somewhat sobered by the tussle with the police when they handcuffed him, and had recovered his senses by the j time he reached the cell. Constable Lyster (now stationed at Waverley, but in June last on duty in Wanganui), stated that prisoner offered to accompany prosecutor to the lock-up, as the latter would in that case go quietly. Witness accordingly desired prisoner to jump up on the express. Prosecutor was handcuffed and lying cross-ways in the back of the trap, and prisoner sat towards the tailboard. Witness then- gave corroborative evi■<rf_enceas to prosecutor accusing prisoner at the lock-up of the robbery. Prisoner made no reply to the accusation at -< first, but on witness asking him if he had any notes, he said that he had, that he didn't know how many there were, but that prosecutor had fiven them to him to take care of. 'risoner gave witness three notes wrapped up, and Sergeant Bisset took from prisoner a hank book. The sergeant asked him what book it was, and he hesitated and replied that he didn't know. The sergeant also took from prisoner 30s in silver and S£d in copper's:' Prosecutor was handcuffed outside the Bed Lion until he reached the cell. A person so handcuffed could not put his hand into his own pocket and take notes out to give them to anybody else. — By the prisoner : You could have robbed the prosecutor in the express without my seeing you, my back being turned to you both.— By the Court: Prisoner, from the position he was in, could easily have robbed prosecutor's trousers pockets.— By the prisoner : Witness did not hear prosecutor sing out in tbe express that he was robbed. Sergeant Bisset .gave confirmatory evidence as to what took place at the lock-up after prosecutor accused prisoner of the robbery, and the propeity was found on him. This concluded the case for the prosecution. In reply to the foreman of tho jury, Constable Lyster was re-called, and that he was not aware when prosecutor entered the express that he -v' had any money upon him. Michael Foley, also re-called, stated that he saw notes in the prosecutor's possesion, but no bank book. Prosecutor declared that he had been robbed direcllv the expiess stopped nt the lock-up— ln reply to His Honor, Constable Lyster said that when he searched prosecutor he found nothing on him — Prisoner said that he should like to call Mr George Cunningham as a witness to character. — Mr Cunningham was called, but was stated to be in Turanalti.— Prisoner said that there were some of the jurymen *jwi.o Jjnew him. t- His

Honor said that there was no objection to a juryman, if he knew anything good of a prisoner, being sworn and volunteering his testimony. —None of the jurymen, however, responded. — Prisoner further protested that he had not stolen the property, but that it had been given him by prosecutor to take care of. — His Honor summed up briefly, and the jury, after a retirement of an hour and ten minutes, found the prisoner guilty. — He was sentenced to four months' hard labour. FORGERY. Tereturu Hainahona, a young native, was indicted for the forgery of a cheque for £4, on the Bank of Australasia' Feilding, iv the name of Harry Hughes. A further count charged accused with , uttering the cheque well knowing it to be forged. The indictment which was of very complicated and voluminous nature was interpreted by Colonel McDonnell tothe prisoner, who stated that his mate, John McGregor, wrote the cheque, and he (prisoner) cashed it. His Hjnor ruled that that was a plea of guilty, though it was for accused to say whether he would not like the case to go before a jury. — Prisoner, however, acknowledged his guilt. —Mr Fitzherbert said that there was another indictment for larceny of the cheque, but the Crown would not proceed with it. — Prisioner had nothing to say in his defence. — His Honor said that he should pass a light sentence upon him, though the offence was a very grievous one, and worse than merely stealing money from people. Piisoner was liable to 14 years imprisonment, but His Honor, dealing with him as a person ignorant of how great the offence was, and warning him that a repetition of it would entail a far heavier penalty, sentenced him to 12 months' hard labour. STEALING CHEQUES. Herman Wiesner was indicted for stealing three chepues of the value respectively of £9 9s, £9 9s, and £7 from the person of Hans Olsen on the 9th of September last. The prisoner pleaded not guilty, and was defended by Mr Hawkins, of Palmerston. The following constituted the jury : — Messrs Joseph Paul (foreman), Arthur Harrison, Henry Clarke, John Taylor, Peter Swan, Joseph Peapell, Christopher Burton, Michael Gavin, C. M. Firman, John Lester, G. H. Clapham, and John Woolston. The prisoner and several of the witnesses being Germans, Mr Wychordil was s worn as interpreter. The following evidence was taken for the prosecution. . Hans Olsen stated that in September last he was foreman for the Government in tbe Manawatu Gorge, the prisoner working with him. On the 9th of September witness went to the Palmerston Post Office, and was paid four cheques, one of which he paid into the Bank of Australasia, putting the other three (produced) iuto his pocket. The cheques were signed by Mr Stewart, the District Engineer, and consisted of one for £9 9s, for Barratt ; another of £9 9s for Neilsen ; and a third for £7 for the prisoner Weisner. Against the latter cheque witness had a claim of £3 10s for store accounts. Went into Fenton's Koyal Hotel, being quite certain that he had the three cheques in his possession. Prisoner knew that witness was to receive the £7 cheque, and it was understood that he was to stop the £3 10s out of it. It was a little past noon on the Saturday in question when witness went into the hotel. Had a few drinks, and laid down and went to sleep. When witness woke up at about 4 or 5 o'clock Weisner was in the same room, but could not recollect whether he was there when witness laid down. _.- Asksd him if he had the cheques, as" witness could not find tbem in his pocket. Prisoner replied in the negative, and said, "If you have lost them I want my money." Mr Falloon was also in tho room when witness woke up, aud he searched the latter's pockets to see if he had the cheques. Piisoner did the same thing afterwards, but tho cheques could not be found. _On tho Sunday morning gave information to the police, and on the Monday paid Neilson and Barratt out of his own money. Never saw two of the three cheques till tho following Wednesday in the B.M. Court, but on the Sunday morning saw the third cheque at Mr Carroll's Clarendon Hotel. — The prisoner declined to put any questions to the last witness. Arthur Falloon, ferryman at the Gorge ferry, stated that he saw prosecutor sleeping on a chair about 4 o'clock, Weisner and another man being in the room. Witness remarked that Olsen should not be left there sleeping if he had money on him, as he he had heard he had. Prisoner said, "He has my monf-y too." Witness said that they must try to wake Olsen up. Prisoner said that he had already tried to do so, and in witness's presence shook Olsen to wake him. Witness said that he would wait awhile and get Olsen away. Prisoner and the other man left the room, and witness waited in the hotel for about an hour, when prosecutor woke up and looked for the money in his pockets, but nothing was found. Prisoner again entered the room, and witness told him Olsen had lost his money. Prisoner said, " I want my money," and witness suggested that he should search prosecutor himself. This was done, prisoner stating that he could find nothing. Witn es told prisoner that it was very foolish for anyone to take these cheques from Olsen, as they were Government cheques and were certain to be found out. Prisoner went out directly afterwards. During the hour which witness waited in the hotel he looked after Olsen, and if anyone had taken the cheques from his pocket then they must have been very smart. Prisoner seemed to be sober. — This witness also was not cross-examined. Dennis Clifford, bootmaker, residing at Palmerston, proved tbat prisoner bought some hoots on the 9th September, about 8 o'clock in the evening. The prico was 235, for which prisoner tendered the cheque produced for £9 9s. Witness w6nt out to Carrol's Hotel and changed it. Gave prisoner a cheque for £5 drawn byßichter Namstadter in favour of Tricklebank, three single £1 notes, and Os, and the boots, which made up the _9 9s. The hoots produced were those sold to prisoner. -Crossexamined : Was perfectly certain of prisoner's identity. J. P. Stewart, draper, Palmerston North, proved that on a Saturday night in September, about 9 o'clock, prisoner bought shirts and collars tp the amount of £1 2s, for which he tendered a Government cheque for £7 (cheque produced). Witness gave him in change a cheque of G. 0. Batchelor's for £5 (produced), 10s in gold, and 8s in silver. 'Jbe shirts produced were those sold to prisoner. — Cross-examined: Remarked prisoner's peculiar build directly after he left the shop. John Walkley, hotel-keeper, Palmerston, stated that he cashed a cheque for £9 9s for the prisoner. The cheque was similar to those produced. The transaction wa3 between 9 p.m. and 10 p.m. on Saturday the 9th September. Had no doubt that prisoner was the man-Cross-examined : Knew him hy Lie stature and general appearance. Kasper Setter, Stony Creek, Farmer, remembered Constable Gillespie going tc his place on the J Oth September last Piisoner went to witness's house nr I hour before the Constable came. T_< • Qop.table searphed pri_Qn.j.''s packets

The trousers produced were not worn by prisoner at the time, but were found by witness in his stable where they had been brought by prisoner.The Constable took out of the pockets two cheques and twelve single notes. One cheque was for £5 by Mr Bachelor, and the othor by Bichter Namstadter for a similar amount. Would not be quite sure as to the identity of the cheques. Prisoner intended to stay with witness and do some hush falling. He had been to witness's place a few days before but came again on the Sunday morning just before the Constable arrived —Crossexamined : Prisoner wore the trousers at witness's place before tbe tenth. The stable where they were found was to be prisoner's sleeping place. The prisoner brought nothing with him on the Sunday, but witness did not see him arrive, as he (witness) was in bed. Prisoner had never slept in the place where the trousers were found. There was no other man on the place at the time. Joseph Kreher, residing at Palmerston, stated that about 9.30 on the Saturday evening prisoner went to witness's residence and stayed all night in the stable, where he had slept before. Constable Gillespie visited the stable about five days after tho Sunday, ancl witness showed him a box belonging to prisoner. The constable opened it aud took out some spirits and hoots (produced). The box was locked, and he broke it open. It was there before prisoner came on the Saturday night. Did not see him bring anything with him on that occasion. He had slept in the stable about a week previously. Constable Gillespie gave evidence as to prisoner having denied at Setter's house any knowledge of the cheques. Witness told prisoner that he suspected liiui of having taken them, and arrested him on the charge. Found on him a purse containing £1 12s lOd, and subsequently discovered the old trousers, from which witness took the two cheques produced and twelve single notes. On the 15th of September witness went to the house of _j*eben and searched a box in which the spirits and boots were found. When arrested accused denied all about the matter, and remarked that Hans Olsen ' owed him some money, and he supposed he should lose that too. — This concluded the case for the prosecution. — Prisoner had no witnesses to call for the defence, but made a statement to tbe jury in no way relevant to the charge , before the Court. — His ' Honor summed up very clearly but unfavourably to the prisoner, and went through the evidence at great length. — The jury instantly found the prisoner guilty, and without leaving the box. The prisoner had nothing to say except to deny that he was in the tradesman's shop on the night in question. On the contrary, he went straight home from Palmerston. — His Honor said that the amount of property stolen was considerable, and the offence a very mean and bad one. Sentence of 18 months' hard labour was passed. The Court adjourned at a quarter past 5 o'clock until 10 o'clock the following morning.