Cite: http://nla.gov.au/nla.news-article3495260

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DISTRICT COURT.

Tuesday, April, 23.

CRIMINAL SITTINGS.

The Criminal Sittings of the Southern Dis- trict Court were opened this morning before his Honour Judge Paul.

Mr. F. W. Dickson appeared to prosecute in the various cases on behalf of the Crown.

JURORS FINED.

Joseph Barrington and Isaac Aaron Phillips were fined £2 each for non-attendance as jurors.

CATTLE-STEALING.

Henry Grant and James Smith surrendered to their bail, and were indicted with having, on the 10th instant, at Downfall Creek, stolen two cows, the property of Christopher Muir. A second count charged the defendants with having the animals illegally in their possession.

The accused, who pleaded not guilty, were defended by Mr. T. J. Byrnes, instructed by

Messrs. Petrie and O'Shea.

Tho evidence for tho proseoution went to show that Muir was a labourer having about 20 acres of land about three miles from Nundah. Grant was a butcher carrying on business in O'connell Town, and had a paddock on which there ia a slaughter-house, adjoining Muir's farm. Smith was a servant iu his employ. Between G and 7 o'clock on the morning of the 10th instant, Muir happened to bo in the vicinity of Grant's slaughter-pen, and noticed in it three cows-two the property of himself, and the other the property of a farmer named TVm. Lens. Tho animals wore bleed- ing from behind tho horns, and Smith was standing on a plank over thom with a spear in his hand. Muir asked Smith what ho meant by spearing his (Muir's) cows, and Smith replied, "Are they your cows?" Muir Baid, " Yes, two of them aro mino and one belongs to William Lens." Smith said, " I -will spear them no more then. I will go in to Grant and tell him to settle with you about your cows." Pie afterwards told Muir to keep the matter quiet. Muir replied "All right," and Avent and informed Lens of tho matter, and they afterwards communicated with the police. Muir mid Sergeant Primrose were proceeding to Grant's place when thoy met him on the road, and he at once said, " I would have made it all right Avith you, Muir, if you had not gono so far with it." Smith came up soon afterwards, and in reply to questions said Grant had yarded tho animals on the previous night and told him to kill thom in the morning. Grant said, " I yarded the animals last night, thinking they Avoro two of my cows and a bullock, and I told Smith if thoy wero not tho right oneB to turn thom out in the morning and kill tho bullock." Smith, who was slightly under the influence of drink at the time, Baid thÍ8 Avas untrue. The two accused were

subsequently taken,into custody. In cross examination Muir said he told Smith on seoing the cows bleeding that he had giveu £12 for them, and ho Avould make Grant pay for them.

Por the defence, Eugene O'sullivan, labourer, Albion, Avas examinod, and stated that he had some short time before the day in quostion soon several cows belonging to Grunt. Thoy could easily be mistaken for Muir's cattle. In reply to the bench, witness slated that Grant's cowh Avore not fat, but were in Jairly good condition.

Liko evidence was given by two other wit-

nesses.

Diehard Sollett, farm labourer, Downfall Creek, said that about 5 o'clock on the morn- ing of the 9th instant ho saw the accused leaving the slaughter-yard and riding down to an hotel near. There wero no cattle in the yard at that time. Both Grant and Smith wero so drunk that they could scarcely sit on thoir

horses.

The jury, after a brief absence, returned into court with a verdict of " Not Guilty" against Smith and " Guilty" against Grant on tho first

count.

Smith was then discharged and Grant re-

manded for sentenco.

FAWK l'RETBNCES.

Edwin Howell Avas charged with having obtained the sum of '¿3s. from Jus. M'Quirter, draper, of South Brisbano, on the 19th March, by means of a valueless cbequo.

Tho accused, Avho aviis undefended, pleaded not guilty.

The evidenco for the prosecution was to tho effect that the accused oponed nu account in the Ipswich branch of the London Chartered Bank in July last by depositing £20. During the same month he Avithdrew all this money with tho exception of 10s. by means of seven cheques. In consequence of complaints mado to the police by various persons a notico Avas served upon the accused on 31st December to the effect that only 10s. roinaiuod to his credit in the bank. On the 19th March the accused bouirlit goods to tho valu3 of 7s. from Mr. M'Quirter, paying him by cheque, and receiving 23s. chango. This cheque on being presented was dishonoured. Mr. O. T. Harper, manager of the London Chartered Bank, ipswich, deposed that since the prisoner's account was reduced to 10s. ho had drawn cheques to the number of about 100, all ot which had been dishonoured. Since tho notico had been served upon him iu December last about 6Íx cheques had beon drawn by the accused on the uccount. He hud paid nothing in except the firut £20, and had no authority to

overdraw.

The accused oalledin defenco Patrick Scanlon, cabman, who stated that the defendant had paid him, on 2öth March, two cheques for £1 each for cab fare, receiving 10s. ohange. Thoy had beon dishonoured and witness com- municated with the police. Tho accused was arrested and sent for trial. The money was subsequently paid. On tho cheques being tendered to witness the accused told him they wero good, but witness said ho did not believe they wero but that if thoy wera not he would put the matter in the hands of the Detective Department.

The prisoner addressed tho jury at length, stating that ho had been engaged for some months past in preparing for publication a book entitled " Queensland Past and Present." Almost all the leading citizens of Brisbano had subscribed to this work, and cheques varying in amount from £10 10s. to £150 had been received by prisoner, for agreements to give notices of business establishments, &c, in the book. Ho might have been guilty of ¡v slight infraction of the law by so doing, but ho could not deny that he was in the custom of drawing cheques for small amounts, when there wore no funds in the bank to meet them. He had no inten- tion to defraud whatsoever, for he always in- tended in every instance either to wire the money to the bank, or tako up the chequea from the holde«. To save time and trouble instead of wiring the money to the bank, he used to take up the choquos. In some cases, Avhere ho was disappointed in getting money, there was delay in taking up the cheques, but thero was never any intention to defraud. The orders he had received for his book, and on which only 20 per cent bad been paid represented £5000, and he expected that sum could bo increased by at least another £5000. AU this would be lost, and he might be rendered liable for another and more serious charge-one in connection with the non-production of the book-if he was sent to prison now.

The jury, after a brief deliberation, found the prisoner guilty.

Mr. Dickson Eaid there were four other cases of a like nature against the prisoner. True bills had been found in all ot them, but he would not now proceed with them any further.

The prisoner later in the day was broughtjup for sentence, and, in reply to the usual question, repeated his assertion that lie had no intention to defraud. He had been seventeen years in the colonies, acting as a journalist in New South Wales and other places.

His Honoue remanded the accused until this

norning, in order that he might produce eri ience as to his previous character.

KO TEUK DILI,.

Mr. Dickson intimated that no true bill had ieen found in tho cates of Minnie Cuddihy md Korah Honan, who wero charged with arceny from the person. Thoy were conse jueutly discharged from custody.

FOP.Gtny.

A\freâ Tant, aged 19, pleaded gnilty to an Indictment charging bim with forging and uttering, on 28th March,a cheque for £10 10s., purporting to be signed by J. Atkinson, his stepfather, on the Toowoomba branch of the Bank of New South Wale3.

On the prisoner being brought up later jp. the day for sentence, His Honour pronounced ,a sentence of eighteen months' imprisonment,

to be suspended under the provisions of the I Offenders' Probation Aot. |

ASSAULT AND BOBBERY.

Henri/ Stalmer pleaded . not guilty to an

iudiotment charging him with having, on the I morning of 2-lthMarob, assaulted Jo(m Wall, | labourer, living on the Logan-road, and stolen from him the sum of £5, and also a coat.

The case for the prosecution chiefly rested upon the evidence of Wall, who stated that ou Saturday night, the 23rd Maroh, he came into

town. About 2 o'olock in the morning he met j

the accused and two other mon at the coffee stall at the corner of Queen and William streets. Witness afterwards went over and I

sat down on the steps^ of the Registrar- !

General's office, and Avbilo ho was tbero the acoused came up and accosted him. Witness got np and walked down the North Quay. Presently ho heard a cab, whioh had no lights, come slowly towards him. He grew frightened and turned into a field between Tank and Turbot streets, and lay down under some shrubbery for concealment. The prisoner and

another man carno into the field, whilo another j

man stood at the gate. The prisoner seined witness by the throat and rifled his pockets, taking all the money ho had in his possession, about £ó. Thoy also took his coat whioh he had taken off when he lay down. This coat was subsequently found in Tank-street by tho police. He was quite positive as to the identity of the accused. He was not drunk. A police constable gave

evidonco to the effect that about four minutes after Wall went down the North Quay the prisoner followed with his cab No. 153. Some short time subsequently he was seen coming up Tank-street, and at that time he had no lights on his vehicle. In about fi\'o minutes Wall

followed up Tank-atreot, and gave information | of what had ocourred. Mr. Jamieson, Milton j Estate, said the accused had been four days in his employas a cabdrivor on the 21tli Maroh.

On the morning _ of that day witness saw a | piece of paper Avhioh ho behoved was a bank- note in the prisoner's possession. On the pre-

vious morning prisoner had asked Avitness for |

the loan of ¿s.

The jury found the prisoner guilty, and ho

was remanded for sentence. Later in the day ho j was brought up for senteuco, and his Honour, addressing him, said lie found he had been twice previously convioted in New South Wales -onco for horse-stealing, for whioh ho got I sixteen months' imprisonmout, and once for

larceny as a bailoe, for which he was sentoncod I to eighteen months' imprisonment. It was his

(his Honour's) duty to keep people safe from the attacks of such men us tho prisoner, and althoufb. tho sentence to be pronounced would probably havo no reformatory oifoot, yet it might put him in fear as a criminal. Ile sentenced the, prisonor to throo years' ponai

servitude.

LAECENV.

Matilda Hampden and Margaret Smith, two young married women, pleaded not guilty to  

an indictment charging them with having on the 1st instant stolen two pieces of plush, valued at £6, the property of Messrs. Edwards and Lamb, Queen-street. They were chnrged

on a second count with feloniously receiving.  

Mrs. Marshall, Boggo-road, South Brisbane, statod that Mrs. Betts, a neighbour of hers, and the prisonors were drinking together in the Oxford Hotel on the day in question. Coming up Queen - street afterwards, and while passing Messrs. Edwards and Lamb's estab- lishment, Mrs. Hampsten took two pieces of plush out of a box which was at the door and handed them to Mrs. Smith, who put them under her baby's clothes.

Jn reply to Mrs. Hampston witness said it was Mrs. Smith Avho had " shouted." Sbo (Mrs. Hampston) had not "shouted" six or seven times on that day for them all. Witness and Bho (Mrs. Hampston) quarrelled that after- noon and had fought, and that was the reason she had given information about the matter.

Mrs. Botts failed to corroborate Mrs. Mar- shall's evidonco, and the jury roturncd a ver- dict of not guilty. Tho accused wero then discharged, and the court adjourned till 10 o'clock next morning, whon the remainder of the criminal business will bo disposed of. The defended civil cases will be taken nt 2 o'oloek.

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