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2 corrections, most recently by doug.butler - Show corrections

CODLCARDIE CRIMINAL SESBIONS, I BY TELEGRAPH. I (From Our Own Correspondent.) CooLc ADIU, December 8. The 'Quarter BSessnns commenced to-day under tne cuairmnanship of Warden Fin nerty, Mr Aldborough J. Davies prosecuted fur tie Crown. ABUAIGBl ENTS. Thomas Hogan pleaded not guilty to at tempted suicide at Ilardoc. Frederick Osborne pleaded not guilty to robbery from the person at Coolgardie. intuxor, aln Afguan, pleaded nut guilty to assaulting and robuing Clara Murphy at Coolgarhe. Arthur Goode; medical practitioner, pleaded guilty to two acts of indecency at Norseman in August. In two other cases the Crown entered a nolle prosequi. John Norman pleaded not guilty to two acts of indecency at Kalgoorie on Septem her 23. Essa Khan pleaded not guilty to obtaining three ions of flouur with intent to defraud. James Smith and Charles O'Connor, alias Charles Walsh, pleaded not guilty to the larceny of tools. Frank Page pleaded guilty to breaking into the premises of F. B. itanuell and stealing FranLcisTurner plealed guilty to feloniously stealing, on October 12, 5boa of retorted gold, the property of the 1tobiusmn Gold n.ining Company, Kanowna. George 4gan pleaded. not guilty to a chargeof robbery from the person. Aian niarsbull pleided not guilty to a charge of embezzling moneys. Luke Maskell pleaded not guilty to steal ing gold, the property of the Queen Margaret 'Jolt-miniug Company; three counts. Richard arthur pleaded not guilty to two charges of embezzlement, viz., 10 and £60, while employed by Alfred Felton, Kal goorlie. James Myers pleaded not guilty to em bezzlibg £100, as' clerk at the Savings Bantk, Ialguoorlie, and also, eq other dates, £140 £14 and £71. Alichael iriffin pleaded not guilty to a pharge of slaying one Michael Cody at the Mid Aesex nine. THEI NORSEMAN CASE. Arthur Goode, who had pleaded guilty to two acts of indecency, was then brought up for sentence. Mr H. S. Wyatt, who appeared for the accuscd, called the Rev Thomas Allan, Methodist minister at Kalgoorlie, and for- merly of Norseman; and Mrs e ieptimus Erearson, of Norseman, who both testified to the good character previously borne by the accused. The last-named witness was mother of one of the boys associated with the act of indecency charged against the prisoner. Mr Wyatt read a number of testimonials fron the accused's friends. He said the man must have been temporarily mad, and asked to have him treated as a first offender. The Chairman of the Court said that was impossible, and sentenced Goode to two years on each charge, the sentences to be concurrent .   THEFT OF WATCH AND CHAIN. Frederick Qsborne \vas charged' irith the robbery of a" silver watch"and'chain from .ewall Whrdell at oodlgardid on! October 2.8.' The p'ioner bad`fi'inded the watch to 'Ilid Mofiaghaii, a'armuaid;'as' secuity for rliks. 11i had previoisly been idfbinpahny Wltli'the prosecutor drinliig Qaborne was found gully, and sentenced to 12 'monts ivtb lsard lIbor n FALSE REP*ESENTATJONS. JEss Khan was charged with obtining tbree 'tons of flour frpi' James Smith at Coolgardie o4 Sept;emher lii by meansof talie -epresentitions. Mr T. .. Tryner appeared for the defence. The acused obfrined three tons of flour oi credit, at £17 a ton. to take to Ncrsemu., Instead of doing so he f'im. nlediately sold the ifour at CooLgardie for 415 l0s a ton. Wheq asked ly the purchase bow .he coald sell the flour so cheap, he replied that the stuff camp from Adelaide, rid he wished to get away from the fields. Counsel for the prisoner said sickness in the fgmily prevente4 him going to Norseman, 'ad he sold the ftour locally 4t a loss, without any intention to cheat the proseeqtor. A veriiet of gqilty was returned, and tihe aecused was sentonced to six months with hard labor, CHARGE OP LAJICENY. Charles O'Connor, alias Welsh, was charged with larceny on November 6 of a handsaw and plane the property of Andrew Leitch, Coolgardie. The tools claimed by the prose - cuter were found in a pawn shop. The prisoner had been drinking and was in the habitof pawning his own tools. The prose cutor ndumittel that it was Fossible the accused took his ton's bymistate. The jury retninel a verilict of not guilty, and the accused was discharged, an order being ma-Ie to return the tools. ALLEGED THEFF OF GOLD. Luke isakell was charged tb't is an em ploy6 of the Quien Margaret Company, Bulong. on cptel'mber 18 he had st 'len gold to the .va'ue of £2 ]7s, There were three counts, one of concealing and one of simple 'larceny.. On inndtc a rich strike *was made at the 100ft level in the north idrive. The unusager, Mr Simpson, ordered the men to be searched when they ctme to the *surface and gold. was found in the trousers of 'the accused. It waS possible (or any person to' drop the gold in thu pocket of the ac 'cozed while 'he 'was coining up the shaft. !4ip didy4i'Vrto)r pt.aa;y iji~r. g ketweda

the men. Ambrose Cadd said-ie. was a partner of the accused. in a contract. He thought it possible a piece of gold, like the one produced, to fall into the trousers pocket. James Cameron was called, but did not appear, bavingcrossed to a hotel. Presently, however, ie appeared. The chairman of the Bench said Cameron's evidence was most in portant, but he (Air Finucrty) would ad journ the further hearing tillnest day, and ordered witness into custody for the night, adding that he would deal with him next morning. COOLGARDIE, December 9. The Quarter Sessions was sresumed to-day before Air Finnerty, R1.M. ALLEGEDS) LARCENY OF GOLD. The case of Luke Maskill, charged with the larceny of gold to the value of £2 17s from the Queen Margaret mine, Bulcng, was further proceeded with. William Cameron, searcher to the mine in question, said hie found the goldt pro duced in the pocket of the accused. It was impossible for anyone to have tam pered ivith the clothes of the accused at the time. The latter expressed a wish to take the trousers home after changing them. lie often found dirt, gravel, and quartz in the men's pockets. The accused stated to the court that he did not believe the trousers produced were his. Constable Purkiss said the accused remarked when arrested that he expected it. The jury, after a short retirement, returned a iverdict of ndt guilty, and the accused was discharged. TILE cHCARCE 4OAINFT JAMJES i1YRi s, James Myers, a young man who had pleaded not guilty to embezzling, as cleric in the Savings Bank at Kalgoorlie, sums of £100, £140, £24, and £71, was at the instance of Mr F. A. larcney, who defended hint, recalled, to amend his ple4 to that of guilty. ' MIr Harney, in miti galtion of the offences, said the accused was a young ma. who had joined the service from the Connmercial $tan* with the highest recomnlendations from that iqstitutioni. He trusted that the Bench wquld not blast thl prisoner's hopes for prever. He thought the case one fqr the exercisp of the First Offendprs Act. A sunm of £1000 a dy. had bteen pgase g tlroqgl the aepused's hands, 'aqd ip was not re ceiviung nuc nore salary thtan a cormncn igborer. He was in position of grpat tenqptatiorp. 'lie prisoner was williig to hand over to the Government' all he possessed, amely, three ble s of an, which would be stiflejient to &over allde faleations.& lie gave every assistnce, disclosing all defalcations, and he had been three months 'in igaol. 11ie prisoner was remnded for sentence. A EANOWNA CASE. In regari to Eruacis Turner, a middle-agbd muan, who pleaded guilty to stealing as a serva'nt, 455 of gold aialmgan, 'the proplertjr of 'the RobinsonI Gold-fihning Co, Kanowna. 'r Harney addressed the Bench in mitigaion of the sentence, pointing out tlat the lan hA a faujly dppendent .pgn ' 9h. .sked tlhat the prisoner he dealt with Hnder thile First Ofqenders Act. I4e had a position qwaiting him in Viptoiah which would ie0 opye to him in spte of fthe present olfenep. Hp had £10§ on bin4 wheq arrgsted, apd qiicly gave it p to 'the a4horities. The gold was worth %30, and the prisoner woagld be willing to nmale good the difference. The Crown Prosecutor objected that it was got a case for the Mct mentioned. The prisoner W4s remanded forsen tenoe, R[BEZ4I4EflENT Af 4hT ESIPLOTE, Richard Artliur was charged with embezzling as an emnployd of Felton, Grimowade, at Kalgoorlic, two cheques for £10 and £50. Orlando Inman Kempthorne,manager of the prosecuting firni at Perth, said the accused was em piloyed lby the firm as traveller on salary and commission. Be was in the em ploy of the finn from Outober 30 to November . 18, operating on the gold fields. Witness heard that the acensed colleated moneys and was 'drinking heavily. He came to Coolgardie to see him, and asked him to refund the moneys received. The firm's travellers had authority to draw on the Union Bank if they were short of money for ex penses; and' they could utilise m'neys receivedi if they produced satisfactory vouchers. This onlyiCefqrred to cheques Wihich hEd 'to be remitted to -Pderbh. l cusu' .dhad rceived hpeeial U tyVgettus ,to&;retiit' 4$fr 'Dempfefl 1··. p0).

cheque collected at Kalgoorlie.- The Perth travellers had to pay freightage on goods and samples. He ad Imitted the accused was not expected to return until November 14. Joseph Dempsey testified to giving the accused a smun of £120. Constable Kavanagh said when he arrested the accused the latter said the trouble was his own fault. The Chairman of the Court agreed to reserve the point raised by Mr Harney that the accused, having. been engaged as an agent to performu certain work on the trip and return. to Fremnantle, was not bound to give an account of takings until his return to Fremantle. It had been admitted that the accused was at liberty to use moneys received foi his necessary expenses, and therefore bd was not guilty of embezzlement. The jury returned after twenty minutes with a verdict of guilty and a strong recommendation to mercy. The prisoner was sentenced to sis months, bail being granted in twosureties of £100, pending the hearing of the appeal in March next. A KALGOOnLIE CASE. John Norman was charged with two acts of indecency at K a.lgoorlie on Sep tember 23. Mr W. H. Jones defended. Norman McKay, Geo. McKay, Neil McKay, and Harold Body, all young lads, gave evidence for the prosecution, and Constable Rice concerning the arrest. The accused gave evidence in his own defence, and said lie was innocent of any crime. Ho had been drinking for some days, and his head at times was flfected as a result of an accident. Walter Darwin (mine manager), John Bailey (storekeeper), and W. Barnier (bank manager) testified to the good character that the accused had always borne. The jury, after a retirement of 20 minutes, brought in a verdict of not guilty, and the accused was discharged. COOLGARDIE, December 10. The Coolgardie Quarter Sessions were resumed to-day before hir. Finierty, R.M., Mr Aldborough J. Davies prosecuting for the Crowii. ALLEGED NANSLhtlGHTEI. The case of Michael Griffin, charged with the manslaugliter of Martin Cody at the Middlesex mine, IMouqt Malcolm, on Novem ber 10, camc on for heqring. 4r . T. . Vyner appeare I 'for the defence. TlIi ac eused pleaded not guilty. According to the evidence the imen with others had been over to the Diorite King township. Soule of them had drink, a'nd when they returned to the mine 'at ini4night Cody and Griffin quaiirrelled. gext morning at C a.m. Wiliaim Fisher, miner, heard a mark groaning. He went out and fouind the deceased unconsdous. Griffin, in ideply'toan inquiry, said he hit Cody on the head with a stick. The latter had two wounds on the head. Wieness and the aecused placed the deceased in a bunk, and in the atter nbon'took him to the Mount Malcolm Hospital. Ile was always a quiet, well behaved man. Michaebl Dewar, manager of the mine, gave corroborative evidence. - The rdw arose bier a wiudtail. W. J. Healy, medical ofliedr, said the skull of the'deceased was Irketuted, which might have been done with a stick, such as the accused'w44 4lleged t bhe hadt Tie accqsed dlade statement to the effect thla on the evening of the 10th decesasi cane to hid tent with th ce sto0es. 4e ha4 one 4tone in his right hand, as if he was going tq strike him. Witness fjqmpel out of bed. Tle deceased said : .'t1i knock yoqr hraiqs ouV," or sqmetling to that effct. Tile qccused after jumping out of bed took a stick lyiqg near the door, and struck the 4eceased wi il it. The blow was struck just outside the tent. Hie had ._o intention of hisming the deceased. He then went to the back of his teat but presently, hearing Cody maning, called to Fisher. They did what they could for him. Grgham Price and Con'lahle O'Dona ncvaq gave the stecused.a good character. The magistrate said ihe was inclined to dis 9Vedit the statemesit of the accused. Hle definel the law relating to killing in self. defence as Only spplying ii a case of autual necessity to save life when all possibility of escape was cut off .This wa55 a question for the jury to denide. If they found it was not absolutely necessary for the ae iccud to have sttuck the blow in order to save his own life, and' all possubility of esuape had not been cut off, they must 11 id hint guilty of manslaughter, The jury returned a verdict of not guilty, and the accusel was dis. charged. TUEG OsSE AGAINST JAMES nYvRs. James Myers, who pleaded gulity to two charges of embezzlement of Eavirngo Dank money at Kalgonrlie, wits brougbc up for sentence. The Magistrata said a great deal had been said by counsel and thb newspapars about the smal pay of Civil Sirvice clerks as being some excuse for embezzlement. Thl accuseI, however, did not take the up pointmcnt blindiolded. He knew perfectly well whathe was to receive. The sentence of the Court Was that on hach of thIecl'argefi the prliouer be imprisoped, with hard labot, for two years, the sentoncep to be'onctirrent. LArCENY 01F COLD. *~rincis Turner, asn Clderiyunsn, whb bail

pleaded Guilty to the larceny of 45on of amalgti from the Robinuson mine. was ien tenecl to 12 months, with hard liabor. ASSAULT AND IROBIERY, MBIneoor, an Afghan, was charted with having violently assaultedl Clara Murphy at Coolgardic, on November 2, and robbed her of six gold rings of the value of £26. The prosecutrix stated that the accused followed her on the night.mcntioned, caught hold of her at a lonely place, and grabbed at a rib bon round her, neck, on which were the rings. He then ran away. In reply to the Iagistrate, witness admitted that two of the rings were given her by an Afghan. Evidence for the prosecution was given by George Kingsbury and Thos. MIcAlpine as to the hearing of a scuffle anu slcteams. They saw a man run away andl chased and caught him at the station. The missing ilve rings were found on him,. and one where the scuffle occurred. Sergeant Sellinger and inspector McKcnna gave the prosecurrix a good character. 3iansoor, in defence, said the woman gave him the rings and after wards wanted them back, which he refused. The jury returned a verdict of guilty, and the prisoner was sent nced to two years with hard labor. CooLGAInuID , DIeceitbner 12. The Criminal Sessions concluded on Saturday befoie Mr J. M. Finnertyv and a jury. ALLEGED EBELZZLEMENT. Allan Marshall, a young man, was charged with, having embezzled on June 7 a sum of £5 Os Gd, the money of Louis Sullivan. Mr Montgomery ap peared for the defence. The prosecutor stated the amount niamed had been paid to the accused by one WWassen, but there was no entry concerning it in the books. James Wassen testified to paying the accused the sum mentioned. Ai cusod, in defence, stated Sullivan was absent from Coolgardie soime time, and he kept the business going. He (ac cused) had to pay money away almost as fast as he received it, and whatever bal ance remained hle paid into the haink. The jury, after a few minutes' retirement, brought in a verdict of not guilty, and accused was discharged, ROIIDERY. George Egan was charged with the robbery of 1Ss Gd from the person of Joln Bussell at Coolgardie on Novent ber 23. Evidencp was givenI to thel effect that the latter had beet drinking on the racce urse, and went to sleep, when acinsed was observed in the net of " going through" Busspll, laving cut his pocket with a lknife. The jury found the prisonerguilty,and be was sentenppd to 12 months' imprisonment, wi4s harld labor. BREAKING AND BTgALING. Frank Hayes, who hld pleaded guilty to breaking into the pireises of '. 1. Randelland Co., Sylvesterstrret, audfo have stolen therefroni, w`as brought up for sentetice. 'roseciutor said thliat thli accused ihai been in his employmint foi nine mon4hs, and had always borne n' good ciaracier. Hetlhought drnik ly solely responsible for picsent qsioin, and would np. pes for a severc penalty. The BEnih decided to deal with the pyl= soner inder the First Offenders Act, and the Court then adjourned until the first Wednesday in March.