SUPREME COURT.

Gisborne Times, Volume XXVII, Issue 2445, 9 March 1909, Page 3

SUPREME COURT.

HALFtTEARLY SITTINGS. The criminal sittings of the Supreme Court were' continued yesterday before His Honor Mr Justice Edwards. A number o/ fresh jurors were empanelled as Mows: R. G. Hallamore, W. E. Cederivall, P. Ryan, Robt. Kay, F. M. Maher, W. Soragg, S. McConnell/ C. o ’Hausen, C. Bonney, J. Hay, J. Whinray, D. V. Day, T. V. Aston,/A. Delaney, M. Mahoney, W. B. Miller, G. E. Faulkner, H. Heajney/C. A. Gov-land, J. Baylis, T ; A. Coleman (senr.), E. Roach, T. Harris, (F. G. 'Ardern, A. Cuthbert, W. Rosser, W. R. Clarkson,' J. J. Cassidy, J, Jowers, R. Berry, iH. Robinson, 'CL G. Swallow, H. H. Mellor, S. • Whitehead. ‘ BURGLARY. The first caso taken was that against Patrick Morris, alias McClusky, alias iCronin, who was charged with having on or about 11th day of September, broken and entered the shop of .William Joseph Hennessy, and stolen therefrom 4 pairs boots, 10 pairs shoes, and one safe, containing three gold 'medals, one silver watch, sundry books and papers, the property of W. J. Hennessy. A second epunt of stealing the above goods was also included in the indictment. Mr J. W. Nolan appeared for the Crown and accused, who pleaded not guilty, was defended by Mr W. L. Rees. The following jury was emaneplled : R. G. Hallamore, W. F. Cederwail, F. G. Arden, T. Harris, T. A. Coleman (senr), James Baylis, G. E. Faulkner, W. B. Miller, F. Maher, W. R. Clarkson, J. J. Cassidy, J. Jowers. Air T. A. Coleman was chosen foreman. All witnesses were ordered out of ’Court.

! Air Nolan, opened the case for the jCrown, and lie having done so,. His Honor said that he had noticed that one of the witnesses was the “Times” reporter.' It was unfair to the newspaper, and he suggested that this witness’ evidence be taken first.

; David Al. Gonnan, reporter on the staff of the “Times,” gave evidence as having been in conversation v ith Const. Pratt at about 12.13 a.m. on September 12th, at the corner of Peel Street and Gladstone Road. There were two men conversing on the opposite corner, but he could not say who they were, nor could lie describe them in any way. He left Const. Pratt, and the latter walked town.- Is the two men, who walked off down Gladstone road towards lie P«>st Office. It was a clear moonlight morning and there was also a light from the lamp near the Sievwright Memorial fountain. To Air Rees : He was able to be certain of the time, as the question of the hour was the subject of his conversation with Const. Pratt. -• William J. Hennessy, boot importer, deposed that his premises in Gladstone road were securely looked on the night of September 11 last. On opening the front door of the shop at 9 "o’clock next .morning, lie saw the door leading to the hack of the shop was open. That being unusual he immediately passed round the hack of the counter, where he saw the window broken, the hack door open, and the safe gone. He reported the matter to the police, and discovered some of the men’s boots and ladies’ shoes missing from the fixtures, as near as possible 16 pairs. The till was also broken open and papers abstracted; ■which wore .afterwards found in the backyard. The safe contained books, private papers, three gold medals, and ah old-Verge watch, an heirloom. The following morning lie saw the safe at the Police station, together with some of his missing books and papers. To Air Rees: The medals, watch, •and some of the books he had not seen since. These included the ledger and dav book. Detective Rawle gave evidence of having gone to Hennessy’s shop oil September 12th, and described m_ detail the appearance of the premises. In the hack yard and out to the pavement in Read’s Quay he found marks sneh as would be made by a safe being ■rolled on end. In the roadway there were two broken lemonade bottles, which bore the -appearance of having been used as chocks. About 3ft bghind the chocks there were a considerable number of footprints, such as would bo caused by persons lifting a heavy weight or in a struggle. The ■wheel marks indicated that the. vehicle had gone in a northerly direction, and the track of the left wheel ■indicated the left wheel to be loose. Tho width of the impression of the tvres was li inches. He recovered the safe at the Waikanae beach near the foot of Grey Street on the 13th inst., and he-and Sergeant Hutton went out to-Tatapouri and visited a camp usually occupied, by accused. The tide was about three parts out, and there was no evidence of any person, horse or vehicle having gone over that track since tide was full in. The tide, at the time of his visit, was going out. On Tuesday 14th inst. accused was arrested by witness and Sergt. Hutton on a charge of drunkenness. Questioned as to his movements on 11th September and as to his purchase of gelignite, cap and fuse, accused made a statement which was taken down in writing and signed. (The statement was here read in Court.) On 15th inst. he got possession of the cart used by accused and on measuring the impression of the tyres, found it to be I 5 inches. The left wheel AVas loose, and a bracket attached to the splashboard end-of the cart was loose. He drove the trap along Childers Road, Customhouse Street, and on to Kaiti bridge. The noise made by that loose bracket nvas similar to that which Avould bo made by a cart with loose spokes. . The safe was burst open by some explosive, and books, papers, etc.,_were lying scattered about. The impression of the left wheel of the cart belonging to accused was similar to that he saw near Henncvssy’s shop on the morning after the breaking in. Tho first, sign of a “wobble” was about 9ft from where the chock had been, arid when lie was driving the cart on. 15th inst an - identical “wobble” was apparent.When'out at Tatapouri ho found that •tho boat used by accused Avas high and dry, and as far as ho could see had not been disturbed recently. Ho knew a man named Dennett, abas Topping. He. Avas 35 years old, sft S|in in height, medium to strong build, fresh complexion, fair - hair, moustache, and . shglitly weak in ono eye. dressed in dark clothes and; soft felt hat. .He was also known as Snakohead. To tho Foreman: He did not. remember the exact width of the track left by the cart at tho back of Hennessey’s shop. The safe,'/was. found

below high water, mark. Thero were no Avlieel ..tracks close. to the spot where the safe'was found. To Air Rees: Ho searched prison■ers’ house, but found none of tho 'articles missing from the safe. Const. Pratt said that on lltli September he was talking to Air Gorman at tho cornea' of Peel street and Gladstone road. It was a clear moonlight night and he ssav a man named Dennett, alias Topping, in company with accused on tho opposite corner of the /street. iHe Avalked 'across toAvards the men, and they Avalkect off down Gladstone road and over the Kaiti bridge. He did not see the men again that night, but on the .following day he Avas taken to the back ot Hennessy’s shop. Ho noticed the Avlieel marks of a'vehicle, and the left wheels appeared to have been loose. The ''.wheel tyres measured li inches. He was quito positive of the identity of the tAvo men lie saav after midnight. He saw tho same men earlier in tho evening outside the Alasonic Hotel. To Ala- Rees: The men were standing near the verandah, but lie could not remember, if they Avere in the moonlight or in the shade of the verandah. He could not mistake the ■identity of the -two men as. he had 'known them both for a long time. \ Sergeant Hutton gave evidence of having gone out to accused’s camp at Tatapouri on September 13th. There were no tracks of wheels or jany sort' of tracks on the roadAvay leading to the camp, nor beyond the bamp. There Avas no person in the camp, and a boat Avhich Avas there khoAved no signs of having been used recently. On the second visit to the camp on the 14tli Sept. they arrived there about 4 p.m., and found the conditions of the camp and the beach, and also the-boat,, to be the same as bn the previous visit. On tho following day witness went, out by himself arriving at about 3,p.m. It- was then loav' AA’ater, and he ascertained that the tide avas at its lowest. The conditions Avero then similar, except that there avero signs of a horseman having been to the camp. He made a most minute examination of the rocks on each side of the landing, but found no traces of any explosion or any disturbed material. Accused had told him that he purchased the explosive to blow up a rock situated near the Tatapouri Camp. He (witness) was at tho camp at dead loav water, and found that the landing aA-as remarkably smooth until reaching a line of rock in Avhich there AV-a-s a break seventeen or eighteen yards wide, increasing on going further out to sea. Thero Avere no traces of any rock in the channel, nor until about 400 yards out to sea- towards the South. To Air Rees: They A\ r ent out to Tatapouri to endeavor to discover any ovklcn.ce respecting the burglary. Reginald Osavald Sheet, accountant, employed by Nicholls and Griffiths, ironmongers, said that accused came to the shop on September 12th about 2 p.m., and bought a plug of gelignite, a detonator, and some fuse. Accused said he AA'anted to blow up a rock in Tatapouri harbor. Robert Alorrison, blacksmith, ol V ictoria toAvnsliip, stated that on tho night of September 12th he heard a noise coming from the beach like a muffled or gun shot. Later on he saAV.a safe lying burst open on the beach, in the position from where the noise- of the explosion had come - , To His Honor:' His house.wqukl be about five chains away from the beach. David StcAvart Thompson, Avho also lives in Victoria township, stated that he was going bom3 at 11 p.m. on Saturday 12th September. when he heard the sound of an explosion coming from the direction of the beach. iLouisa Morris said that she was not the wife of the prisoner, but had lived with-him at Kaiti. On Friday, 11th September, accused came home -from AA'ork about 4 p.m. He went out again in an hour and did not come hack until about 11.30 p.m. She had no clock in the bedroom. 011 Saturday, 12th inst... accused- came home about 6 p.m. and did -not the room again until Sunday morning, when he left the house for an hour at 7 a.m. He went to bed early that night, saying he had to .get up early next morning. There Avas a horse and cart belonging to her which was used by Morris at his Avork at Tatapouri. On Sunday morning the horse Avas in the yard at the back of the house, and 'was put there by the prisoner. The horse Avas not ridden aAvay on that day by anybody. The cart had been - brought into the Courthouse yard for the case. It had been 'done up, painted, and a new. shaft put in since the - "proceedings in tho lower court. __ . To Air Rees: ■‘When in the Alagistrate’s Court she had clear recollections of the happenings of the proceedings of the previous . feAV days. She got up on the morning of tho 12th inst. at 4.45, and accused was then .asleep in bed. Accused got tip afterwards to igo to Avork and came horiie about 6 p.m., going toi bed with-' out any tea. During that night accused Avas in bed. She did not think the horse could be harnessed into the cart at night without her hearing it, nor could accused have left Avithout her hearing him. Earnest A. Higham, son of the last witness, said that he kncAV nothing of the movements of accused on either 11th or 12th September. On Sunday 13th, he saAV accused in the little front room.- of the liou.se a little after 6 a.m. About 7 a.m. accused went out towards town and Avas away for about an hour. Witness then l«ft the house and returned about 10.30, when accused Avas still there. . 'To Mr Rees: His mother .was not in very good health at the time. When he got up on the morning of 12th inst., the home Avas in the yard avith his cover on, and the cart Avas out in the road. William Eraser, nightwatchman, said that on the night of September lltli ho was in company with Geo. AlcLaughlin, the nightwatchman at the wharf. He saw two men standing at the corner of Loavo Street. One of the men. Avas taller than the other. About 4.30 lie Avas speaking to the night porter at the Coronation Hotel when .he heard the rattle of a trap coining . round tho corner of Customhouse Street from tho beach, and going to the Kaiti beach.. He could not see tho cart very plainly, but a peculiar rattle attracted his attention. Thero avero two distinct noises, that of a loose wheel and of a loose piece of iron. Ho was shown the j trap by Detective Rawle on the following Wednesday, and it avas driven over the same ground. The' cart rattled considerably when driven, and he should say from tho sounds the cart was the same one he had seen in tho

early morning going over the bridge. An iron on the footboard Avas loose, and the wheel was also l loose, on account of the axle being bent. Michael Dennehy gavo similar evidence. The cart that went-, over the bridgo Avas a low-set cart, and there Avas a rattling noise 'about it as though something was loose. Tho trap he saw later at accused’s liouso was similar to tho one that AA'as driven ovei tho Ivaiti bridge. ‘ To Air. Rees: When he 'saw the cart in the morning lie could not distinguish it very clearly. It Avas just after dawn. , . , William Bowler said that he. had the supervision of tho use of explosives on tho railway Avorks. He saa\tho safe at tho Police Station, and eithor dynamite or gelignite -would produce the effect on the safe. . Detective llawlo, recalled, said that the cart brought to the Court bail been painted throughout, and had other improvements done to it. This concluded: the evidence for tho Crown, and the jury retired to the Court yard to inspect the' cart. On returning to tho Court, -Air. Rees addressed the Court at length on behalf of the' accused. Counsel reA r ieAved the evidence at length, and commented on the fact that two of the Avitnesses for the prosecution, had testified that- accused had been asleep in bed at the time the burglary Avas supposed to take place. They, the jury, stood betAveen the King, as representing the IaAV, and the prisoner, and it was for them to say whether the man Avas guilty or not. His Honor would tell them that if they had any reasonable doubt of the guilt of the accused, it would be their duty to give him the benefit of that doubt. He submitted that on the evidence before them they could not possibly convict the accused. His Honor said that it was purely a case of circumstantial evidence. If they believed the woman Higham it was plain accused Avas not there. If however, they thought the prisoner AA'as in town at 12.15 a.m., it must be remembered that both he and Dennett were suspicious characters, under the surveillance of the police, and must" have been well known to Constable Pratt/ avho had had the pleasure of their acquaintance. His Honor further revived the evidence, referring to the fact of the peculiar noise made by accused’s cart, and saying that the chances were a million to one against there being another cart with the same noises in the community. If they believed the Avitnesses that had testified as to hearing theso noises, there Avas a very strong case against tho prisoner. The question of the gelignite was another strong point against the prisoner, Avho Avas utterly unable to account for the disappearance of it. If he had not used it, but thrown it away, as counsel for tho defence suggested, they must think that 110 was a congenital idiot, as if he had retained it, he AA'oukl have been able to produce an effective ans Aver to the charge brought against him. It was, oi course, for them to say, and if tliej could have a reasonable doubt as to tho guilt of the accused they should acquit him. The jury retired at 4.15 p.m., and returned at 5.40 Avitli a verdict of guilty. ■His Honor, addressing prisoner, said: “Well, prisoner, you have a had record, and there are a long list of convictions against you. The offence of which you have been found guilty is a most serious* oitey and 1 must treat it as such.” Accused : “I would like your Hoiloi to take into consideration the fact that J have been Avaiting trial m Napier for six months.” His Honor-.“ You could liaAu> avoided that bv pleading guilty. The sentence of the Court upon you is that you he imprisoned with hard labor 111 the common prison at Auckland for the space of three years.” FORGERY AND UTTERING.

The next case avms that against the Native, William Collins, who Avas charged Avith having, on December 24, 1908, forged the name of \Y. Collins to a document at le lvaiaka, and Avitli having uttered same. - Accused, Avho Avas represented by Air. T. Alston Coleman, pleaded not guilty. . . The following jury avus empanelled : C O. Hansen, James Hay, D. V. Day, C. G. Swallow, J. Whmray, .W. Rosser, C.- Bonney, A. Cuthbert, R. Kay, M. Mahoney, H. H. Mellor, S. Whitehead. Air. J. Whin-ray was chosen foreman. . Air Nolan outlined tho case for the Crown, and detailed the evidence he proposed to call. John Warren j clerk of the Cook County Council, said that in December last he had sent a cheque for £lO 16s addressed to a council employee, named Win., Collins, at To Karaka. Enclosed in the envelope avas a receipt form to be signed land ..returned, and both cheque and receipt bore m laro-e letters the Avords Cook County Council. Fie did not know, the accusLd To Mr.' Coleman: He enclosed the cheque and receipt and posted the letter himself. .. . Charles Drummond, sawyer, living at To Karaka, said that he knew acused very well. He travelled to town in the same train .as accused on December 24. Accused showed him two cheques, which he'took out 01 Ins vest pocket together. Accused i asked if the cheque (produced) could be cashej in Gisborne, and ho told him that it could, at the bank. Accused speaks English fairly well, but. AVitness did not flenow if ho could write it. Detectivo Raivle said that on the first of tho present month accused Avas brought to the Police 'Station, by him and Constable" Pratt. He intervieAved (accused regarding the oaso in the presence of Sergeant Hutton, and questioned him about the receipt of a letter at Te Karaka which had hecu addressed .to Wm. Collins, Gisborne, and given to the Avrong person by the post office. Accused denied having had anything to do with the cheque but Avitness took his signature and on this being compared Avitli that on the back of the cheque accused admitted having received the cheque at tho post office. The conversation in good English, and accused spoko good English'when making a statement, .which witness took down in Avritmg. When accused Avas charged avitli the offence 110 replied, “Oh, I’ll pay tho 'money; get it through quick'.” " It was admitted that the cheque Aias cashed at the Bank of New Zealand.' This concluded the ease fo-r the CroAvn. . Mr. Coleman addressed the Court for the defence, claiming that accused did not knoav that the cheque avas notfor him. Accused avas in the habit

of getting cheques by post, and it was reasonable to supopse that, as ■accused had a limited knowledge of English, ho may have thought that this was one of these cheques, either from his relatives or somebody else. ■" His Honor said that it was perfectly true that guilty knowledge was necessary, but it was generally understood that if a man could write English he could also read it. On the cheque were the three signatures, E. Boland, W. H. Tucker, and John Warren, and they were asked to believe that .accused was supposed to think that the cheque came from his brother, a Maori. It was absolutely silly and ridiculous to think such a thing could be. Prisoner had told lies to the police about it, but on being cornered by the detective obtaining liis signature ho bad departed from his first lies and commenced with others. They must remember that the offence of forgery and uttering was becoming very common amongst the Maoris. If they believed that he really thought he was receiving a cheque from his brother then -they must acquit him, but if not they would have to find him guilty. The jury, without leaving the box, returned a verdict of guilty. On behalf of the accused, Mr. Coleman submitted that bis reputation had been of the best hitherto. „ 'His Honor: If the prisoner had pleaded guilty, as he should have done, it would liavo been a different matter. Accused was ordered to come up for sentence at 10 a.in. to-day, when the probation officer will be in attendance.