SUPREME COURT.

Gisborne Times, Volume XXV, Issue 2190, 20 September 1907, Page 1

SUPREME COURT.

CRIMINAL CALENDAR. Tho half-yearly sessions of tho Supremo Court at Gisborne commenced yesterday morning, before his Honor aVJi . .Justice Deiiniston. As usu’il w the opening dry tho court and precincts wore thronged. GRAND JURY. The following wero empanelled on the Claud J ury : —J. H. Evans, thus. A. Coleman, L. F. Syrnes, A. H. Hodge, John Coleman, A. Dewing, John Clark, Robert Johnston, J . E. Foster, Wm. Pettie, A. F. Matthews, J. B. lvells, A. Cufchbort, Percival Barker, W. F. J. Anderson, W. E. Akroyd, H. M. Porter, Win. Morgan, A. Graham, W. S. Lunn, Jas. Dalrymplo, J. Whiuray. Mr. John Coleman .was electod foreman.

His Honor, addressing the Grand Jury, said 'that tho calendar was of a comparatively mild character, tliero being no very serious offences charged. Ho was pleased to note an ontiro absenco of the all too frequent cases of sexual offences against women and children, .though one case of assault was set down in which a native attacked a woman. Thoro wero on tho present list nine charges against oight persons. Singularly enough,, of ,;Uui-»niuq r ;, five .wore-, charged with' Korse-stealing, two charges of that nature being preferred against one accused person. As most of thoso on the Grand Jury were acquainted with .their duty, which was simply to verity that prima facie cases had been made out against the accused, it was not necessary for hint to enter into tho cases at length. His Honor then briefly reviewed the cases for tho prosecution, and the Grand Jury retired.

Eventually True Bills wero returned in all the cases set dowu, and at 12.5 tho Grand Jury was discharged. COMMON JURY.

The following jurors responded to their names: —C. J. H. Hepburn, C. F. Kernot, H. E. Johnston, J. D. Bell, H. J. Bushnoll, F. G. Ardern, S. !I. Phillips, Jas. Williamson, Geo. Shierlaw, W. F. Crawford, F. G. Rowley, H. G. Tucker, G. Smith, T.

R. Mackrell, Wm. Hay, A. M. Gray, C. F. Adair, W. S. Black, A. Laugo, Jas. Chrisp, Hugh Bruce, M. McCroodie, S. Scragg, J. C. Bigger, Jas. Hay, T. Haache, W. O’Meara, H. W. Bain, Chas. C. Ruby, Geo. Shennan, C. iS. Haines, A. R. Pool, A. Wade, J. R. Miller, F. C. Bull, John MeFarlano.

ABSENT WITNESS. The Crown Prosecutor (Mr. J. W. Nolan) stated that one of tho witnesses in tho Waipiro alleged assault case was unable to attend. Constable Baker was called, and gavo evidence that owing to delicate health and tho bad state of the roads a witness named Isabel Curtis had returned to her home, being unable to continue the journey. His Honor excused the witness from attendance, and gave leave for her depositions to be admitted as evidence. . ALLEGED PERJURY. Wm. Chas. Whitfield pleaded not guilty to a char go of perjury during the hearing of a case in tho S.M. Court. Mr. Nolan (Crown Prosecutor) conducted the prosecution for tho Crown, and Mr. Reos appeared for the defence.

The following jury was sworn in : J. I). Bell, Geo. Shierlaw, A. M. Gray, F. G. Ardern, Geo. Smith, Herbert Jas. Bushnell, C. J. H. Hepburn, T. R. Mackrell, A. Lange, A. It. Pool, S. H. Phillip, J. Williamson, W. S. Black, and Jas. Hay. Mr. Bushnell was chosen foreman. All witnesses were ordered out of court. The Crown Prosecutor having briefly opened the case, called G.' G. ..Chisholm, deputy clerk of the S.M. Court at Gisborne, who deposed that on April 15 the accused .was charged with the theft of a -.use of beer (records produced). Accused gave evidence on oath on his own behalf.

Detective Maddern deposed that ho prosecuted in the case referred to. After -tiho-case for the prosecution, tlie accused, who was represented by couusel, elected to give evidence on oath. After he had given this evidence witness cross-examined him. Accused denied, in answer to questions, that on April Gth he had gone to Air. McLean,, in charge of Common, Shelton, and Co.’s store, and admitted stealing the beer, at the same time offering to pay for it. Witness repeated the question, reminding him that a man named Hepburn was in liis company on. the occasion, but witness denied that he had made the admission.

Constable Wales, giving corroborative evidence, deposed that accused denied admitting to Mr. McLean that lie had stolen the beer. He stated, however, that lie had taken the beer, and that he,.offered to pay for it. W. C. MoLean, manager of tho goods department for Messrs. Common, Shelton, and Co., gave cvidenco that whilst accused was temporarily ompLoyed, a case of beer was missed. On April 6th accused and a man named Hepburn came to witness’s office. Hepburu said, “We have decided to tell you tlie truth about tho' beer. Wo stole the beer.” Accused said, “Yes, wo took ±Jie beer. ■ 'My boy will bo down at the office at .noon to pay you for it. Will you please arrange matters so that there will .be no further trouble.” Witness replied that 'lio could do nothing, as the matter had previously been placed an the hands of the police. Alfred E. Hepburn, carrier, gave evidence of the 'above conversation. Whitfield admitted taking the beer, ■and said his boy would bo down m the afternoon to pay for it. McLean told accused to put on his coat and go. Witness was not aware up to that time that the matter was ill the hands of the police. To Mr. Itees: X did mot say “Wc stole tho beer.” Whitfield said ho stole it. There was no charge against me. I was the principal witness against the accused. To his Honor: I carted the beer away on Whitfield’s instructions. I have my own cart, so there was no emplover to inform of tho fact. Mr. Itees said he did not propose to call evidence*. Addressing the iurv ho referred Ao the discrepancy between McLean’s and Hepburn s statements. The accused had been convicted of stealing the beer, . and

sentenced to three months’ imprisonjneiit. Ho a d 111 it.tcd to Mr. McLean that ho hacl “taken” the beer, but not that ho had stolen it. His Honor: Tho charge is that ho denied having mado an admission to Mr. McLean. Air. Roes: Constable Avalos states ■that accused admitted having said ho lud “taken” tho beer. Continuing his address, Mr. Rees pointed out that accused made a- distinction between the words “taking” and “stealing.” All tho witnesses wore identical except on the definition of those words. Accused admitted “taking” .the beer, whether that amounted to stealing or not. He had been punished for stealing: -was he to be punished over again? They a ero not .trying the man for stealing, but for perjury. His Honor, summing up, said it was a question to decide whether the accused had used the -words in an endeavor .to mislead the Magistrate, or whether it was an honest protest against the use of the word “stealing” when lie had only admitted “taking.” A good deal depended upon the accused’s .intention in using the words. It was whilst giving evidence on his own behalf, it must be remembered, that lie had made the statement which gave rise to the charge of perjurv. Air. Rees, before the jury retired, ■was proceeding to speak further, when hie Honor said it was unusual

for tho jury to bo addressed after he had summed up. • . > Mr. Roes said lie was pointing out. » fact. He was not addressing the jury. ■ His Honor: Exouso mo, that iswhat it amounts to.

After a brief -retirement tho jury returned.

■q The foreman said tho jury would liko the ovidenco -tendered in the! lower Count, including the accused’s statement. His Honor said lie had no power toi put in tho accused's statement without his permission. Ho quoted from tho other evidence adduced in the lower Court.

At-12.15 the jury retired, emerging again a few minutes before 2 o’clock. Tho foreman announced that thoro was no prospeot of an agreement. His Honor said there was no such thing nowadays as trying to starve -a jury into giving a verdict, but he must detain the jury for tho four hours prescribed by law. At tiio end of the prescribed term the jury 'had failed to arrive at a verdict, and was discharged. WHAREKOPAE ASSAULT CASE.

J ames Leslie and Robert .Leslie wero charged with having at Wharekopao on July 18th assaulted John Middleton. thereby -causing actual bodily harm. A eliargo ot common assault was also preferred against, tho accused, who pleaded “Not guilty” on each count.

The following jury was empanelled : —C. F. Adair, H. W. Bain, H. E. Johnston, C. F. Kernot, F. C. Bull, J. McFarlano, -H. Bruce, Jas. Chrisp, F. G. Rowley, L. Scragg, C. C. R-üby, Thos. Haache, and C. S. Haines. Mr H. E. Johnston was chosen foreman.

Tho -Crown Prosecutor, in outlining the case,, said tho informant was a roadman employed by tho Cook County Council, and .the accused were oar-tens. The alleged assault was the outcome of a complaint iby Middleton that they had infringed tho !.v----laws.

John Middleton said that ho was roadman on tho Upper Wharekopae road. Ho know tho prisoners. It was pant of ibis duty to- report to tho Council any breaches of tho tyro bylaws. On Jul- 17 he accused .the defendants of wot complying with tho by-laws, and reported tho matter to tho Council. This was tho first report of the kind he had made. On July 18 the accused drove.up to where lie was -working on .the road. Tlioy bade-him “Good morning,” and asked him .how thiijgs were. He replied “Fair to medium.” The accused got off .their -waggons, and James Leslie came up :to him -and asked what lie had. to say. Witness replied that ho did not understand what ho meant, whereupon James caught him by J ho throat and said, “I will teach you, you .” The. brother got him o.y tho legs, and they threw him down. Robert holding him down with his knee on liis body and said, “Let me kick the b —; —’s -ribs in,” but James restrained him. The brothers had a

little sq-uabblo over it, and witness got. a way. The accused then got on their waggons -and drove off, witness thereupon getting his things. After leaving witness’s -throat -bled internally and started to swell. He was incapacitated -that afternoon, and went into town the following day. After the Leslies left him he -put on his coat and went homo, a distance ol' two miles. He met -Mr. Parker and another gentleman on the way home. He told Parker that tho Leslies had “taken to him.” W-itness’6 wife exclaimed, “What is the matter?” when he entered the gate, and he told her about t-lie affair. A mailman named Robb called in, and witness explained to him the occurrence, and showed the injuries he had sustained. To Mr. Rees: I had not had a fall

from a horse previously. The Leslies threw ane down on the sido of the hill, one gave me a punch on tho jaw, and the other knelt on me. They threw me a second timo lower clown. The road was muddy in places, but not in. -that -particular spot. 1 had washed my mouth -before .1 saw Air. Parker. I was not smoking at the time of the assault. I did not tell the Leslies that I had reported them, but I had told Air. Hey-wood, packer for -Air. Bruce. I had warned the -accused-before of -breaches of the by-laws, and I said I would report them the first chance I -got. After the assault there were, marks on my throat. I did not say to the Leslies beforehand, “I -feel -a -bit crook. I had a spill from my horse yesterday and nearly broke my neck.” I had a shovel in my hand when he caught me by the throat. I did -not raise the shovel to strike him; I did not get the chance. Continuing, witness said he had no outward bruise -where Leslie knelt on

liis chest. There was a swelling on his jaw where lie was hit. He showed Mr. Robb a bruise on his back and the scratches on his -throat. Ho hadmet All*, -and Airs.--Herbert t-lie eamo evening, -but did not show them any marks. He felt ill, -hut could not say how he looked that evening. He came into town for medical treatment next day, and consulted Dr. Coker. From the -time the scufflo started until he got away would ho about 15 or 20 -minutes.

His Honor remarked that men were bad judges of time on -all occasions, especially when an affair of that kind took place, Witness, continuing, said he had had -no ill-feeling against the accused. He felt the effects of liis injuries for •three or -four clays. -He -told the Herberts lie was going to take -action. He did not at any time tell Mr. Bruce that- he ‘‘would do for” Jim Leslie the first chance he got. He did not tell Hayward on -the 17itli -that lie had

had a fail from his horse. * . Re-examined by Mr. Nolan, witness said the assault took place about 11 in the morning. ILo was dressed in ia pair of trousers and a flannel. Ellen Meddleton, wife of tlic last witness, said that when her husband came home on July 18th slie saw there was something wrong with him, and in answer to her inquiries lie said the Leslies had tried to “do for him. Her husband’s neck and face wero very badly swollen, and there was also a mark on his back. His flannel singlet was out through, and his trousers wero wet as though lie had been down in tho mud. He was trembling violently, and could not eat anything. When her husband went out in tho evening nobody could see anything wrong with him as lie had a.big coat To Mr. Rees.—Her husband said the Leslies caught hold of him, punched him, and threw him down a hank, whore one put his knee on his stomach while the other punched him. The Leslies started quarrelling as to whether her husband should he kicked or not and he got away. When he went out in tlic evening the face of her husband had entirely changed, having turned a deathly white. It was changed before Robb saw him. Her husband did not have a fall from his horse on the day in question. Saw

no -bruises on hor -husband s body except tho ono on his back, though the .doctor said.-ho. thought ho was bruised inwardly. . Geo. Robb, carrier, residing at Nga- ; -tapui,--deposed that ho saw Middleton at his (Middleton’s) house on July IStli. Middleton told witness tho ljoslies had punished him, and asked if they had hurt Middleton. Middleton,replied that they had mot. Middleton ishowed . him • (witness) his injuries. To Mr. Reos: Spoke with Midleton outside liis house. Did not see Parker and another carrier at this -time. Middleton was very excited. Saw him about half-past one. His faco did not seem Hushed or pale. Had some difficulty in talking. Knew of no fall from a horse suffered by Middleton a few days previous. This concluded tho case for tho prosecution. For the defence Francis Robert Parkor deposed that on July IStli he saw the Leslies at about half-past ten. Had a short chat and a smoke and then went on. The road was ill a very muddy condition. Saw Middleton about fifteen minutes alter tho Leslies loft. He was coming from tho direction tho Leslies had gone. Ho was walking, leading liis horse, and was filling liis pipe. Did not think a person could have been thrown down in the road and knelt on without his clothes getting covered"- with mud. Middleton did not show any marks.' Got on his -horse without any difficulty. Could not say as to Middleton’s fact—had only met him on tho road a few times.' Witness was loading packhorses at tho time. Middleton only waited for two or tlireo minutes. The drays wero not travelling fast.

To Mr Nolan : When witness saw Middleton ho had on a pair of tweed trousers, a siuglet-, and a coat. Could have told if Middleton had been rolled in the mud on the road. Middleton said to witness that one of the Leslies had held him while the other thumped him. John Thomas Herbert, shepherd, Ngatapa, said -lie saw Middleton at his (witness’s) house in the evening of July IStli. Middleton said -the Leslies had “ gone for” him. Could see no marks of violence on Middloton. There was nothing unusual in his manner or appearanco, and his voice was the same as usual. To Mr Nolan : Middleton 'kept his overcoat on all the time -he was with witness. Both accused stayed thoro on the night of July 17t,h. Neither of the Leslies said on that occasion anything about going -for Middleton. George Bruce, storekeeper, Wharekopae, said that Middleton said in his store in June that he would “do for” tho Leslies on the first occasion. To Mr. Nolan: This statement was the result of a general conversation, Middleton having boon speaking of his fighting.abilities. Harry Hayward,' packer, said ho spoke to Middleton on July 17th. Middleton during conversation said he had had a spill from his horse. The horse showed no signs of this. To Mr. Nolan: Middleton did not say when the horse had fallen. James Leslie, one of the accused, said that on July 18th ho saw Parker and another man on the Wharekopae road. It was about half-past two when he left them. Was making slow progress along tho road. A little later saw Middleton on the road with a shovel in liis. hand. After exchanging civilities witness got down to take a rein off tho head of ono of the horses. Asked Aleddleton how lie was doing. Middleton answered, “Not to —— good.” Witness said, “Good enough for you.” Had words about the number of horses .witness bad in liis waggon. As a result Middleton made to hit witness with his shovel. Witness stepped back out of tlio way of the blow. Middleton shortly afterwards left. Witness’s brother did not got off the waggon untd Middleton had gone. Anybody ‘blown down in the mud must have buei: covered with mud. To Mr Nolan: Swore positively that lie did not assault Middleton. Had orce previously been convicted and fined for assault. .After counsel’s addresses, his Honor summed up, and -the jury retired to consider their verdict. After the rising of the Court itlie jury returned a verdict of -guilty o-f common assault. ALLEGED HORSE-STEALING. Oliver Goldsmith was brought forward on a charge of horse-stealing. A plea of guilty was entered. Mr. Roes appeared for accused. His Honor said he would not grant probation, but would take into account all that Mr. Rees had urged in extenuation. Horse-stealing seemed to be an epidemic, and he would have to t'a'ko some steps to stop it. Ho would defer sentence. ALLEGED HORSE-STEALING. Charles Single was charged with having at Matawhero ou December 3rd stolen a horse, tho property of John T. Cassidy. The following jury was empanelled: Messrs H. J. Bushnoll (foreman), Jas. Chrisp, J. R. Miller, Henry Gcorgo Tucker, Arthur Wade, Matthew AicGredic, AVm. Hay, AY. Stewart Black, C. J. H. Hepburn, Jas. Huy, James AVilliamson, George Smith. John T. Cassidy said accused came t'o -him about December Ist for a horse for the purpose of getting in stock. Tho hoi'so was to bo returned next day. Accused paid for tho hire of tho horse before lie took it away. To accused: The saddle and bridle belonged to witness. Did not sell the horso to accused. James 13. Hollier, lieensoo of the Bridge Hotel, Matawhero, said accused was at tho hotel on December 3rd, and tried to sell a horse to him at £lO. Said it was ono of two he had bought from a Maori at AVhatatutu. The horse was later sold to Thomas O’Rourke, and a receipt was made out. To accused: It was not a fact that witness did not see accused between midady on Sunday and Monday morning. Thos. O’Rourke said he exchanged horses with' accused. Accused gave evidence on his own behalf. On tho Saturday asked Cassidy if lie (had a horse he could sell. Cassidy said he had one for which he asked £1”. Cassidy owed accused £1 for carrying a mail to Motu. and accused paid 10s in cash, making 30s off the amount. Cassidy said he would give accused a little time to pay the balance, and Cassidy put accused’s saddle and bride on the horse, and gave delivery. Got a receipt for tho money, but- had lost it since. Forgot to mention this in the Court below.

After His Honor had summed up the jury retired. The Court then adjourned until 10 a.in. the following day. After tlio Court, rose the jury returned a verdict of “Guilty.” Press Association. HOKITIKA, Sept. 19. At the Supreme Court this afternoon, in the breach of promise case,

Annio Aluii -l, ol Dillon’s, versus John Hailn;; -armor, Softon, Canterbury, claim JLoOO damages, was heard before Air. Justice Chapman without a jury Tho case was dismissed without costs, the juclgo holding that plaintiff’s failure- lo corroborate her version was fatal. This concluded the business, tho time the Court- being engaged, 31 hours, constituting a record for the West Coast. AVELLINGTON, Sept. 19.

In the cuso before the Supreme Court Keir versus Electric Light Co., at tho conclusion of the evidence for tho plaintiff, Air. Skerrett as'kecl for an adjournment in order that eorrobativc evidence might bo obtained from Sydney as to the marriago between the deceased and Airs Corfield and her dependence upon him. After some argument it was agreed that the witnesses for the defence should bo called without prejudice to Air. Myers’ right to address the Court or to move for a nonsuit. His Honor reserved liis decision upon the application for an adjournment. Evidence was then called oil behalf of the defendant company. It went to show that the wire was properly insulated and was stretched from pole to pole at a reasonable and safe height from the roadway. The case stands adjourned sine die.