THE COURTS.

Press, Volume LX, Issue 18235, 20 November 1924, Page 14

THE COURTS.

SUPREME COURT. • CKIMINAL. SESSIONS. • • .(Before his. Honour Mr Justice' Adwnt.) BREAKING AND ENTERING. George Cann pleaded not guilty to- a charge of'breaking and entering tho dwelling of Walter Andrew Brown and stealing confectionery valued at £3. '.' Accused was represented by Mr T. flulik"en. „ '. "Mr A. T. Donnelly (Crown Prosecutor) ■aid-the shop owned by Mr Brown was broken into about 3 a,m. on September 10th. An emplovee of the -Lyttelton Times saw a couple of men standing on tbo corner and, seeing that the place had been broken into, informed the police. . The accused mado a statement that ho had come to town and met a man nsmed Bob Smith. He had a, few drinks, but was not drunk. The man Smith, continued Mr Donnelly, had pleaded guilty- to the charge- of breaking and entering the Bhop, and the question was whether the accused was equally guilty. Stephen Alexander McDonald raid thot on the night of September 10th his Buick car had been taken away, from Manchester street.' When it was recovered it contamj ed a stick of chocolate. Ralph Leslie Sangstcr, emplovcd by the Lyttelton Tinws Company, snid he had noticed a man standing in the shadow of Mr Brown's shop. He cycled ■ round the block back to the shop and s»w a couple of men standing near the shop. He could identify the taller man, but the shorter ono onlv by the clothes he was wearing. . To Mr Milliken: He had seen one of the men after leaving the premises.' Walter Andrew Brown, school teacher, owner of the shop, said the till had been ripped open and chocolates of various kinds were missing. No money was stolen from the place. •Constable A. Allen.road a statement made to' him by the accused. Smith had bf-en accused of making illegal use of Mr MoDonald's car. Cunn admitted he had been driving about in the car with Smith, but denied that he broke into the shop. William Robert Smith said he had taken a cor from the corner of Hereford and Manchester streets. He asked Cann to come for a ride in the car. They drove out to Kaiapoi and back, and then drove round the town for an hour or so. Eventually, they reached Brown's shop and pulled up.'- Witness got the idea of breaking into the shoo. Cann tried to persuade him not to hreak into the place. They had a look at tho shop and then the witness Sangster spoke to them. Cann went away and witness broke into the shop. He told Cann next day whn't he had done. Mr Milliken contended that the Crown had 6hown that the accused was not tho guilty person. He submitted that Cann had done - all he could to persuade Smith from entering the shop. The cvidonce of tho witnees Sangster could hardly be relied on, as he could not in certainty identify tho accused. It was no crime to know that another man was going to commit a crime. His Honour, summing up, eaid the only thing to incriminate the accused was his own voluntary statement. . According to Cann he was at the shop after it had. been broken into, but Smith Gaid that Cann had gone away before • the , shop -i waa; entered. -The.jury returned, after sin absence of 18 minutes with a verdict of guilty. Tho prisoner was : remanded for sentence until I'riday.' Lbita Jacobs was charged! (1), with breaking and entering a dwelling at New Brighton on September Ist, and 'stealing' goods to the value of £l' 2s Bd, 'the• property of Alice Maud Hall; (2) with stewing a top-coat on August' 26th, tho property'of Alice Maud Hall; . (3) with stealing, on September "6th, a parcel of meat and iuh, valued at 6s, the property of Nora. Jane Johnston. Mr; Donnelly said Mrs- Hall had found on occasions that articles had been missing'from her house. The accused was wearing the ..top-coat when arrested. There was little evidence, however, in the first charge, In'the.second and third charges there was no the accused waa guilty. Alice Maud * Hall, .said ehe had been ab> sent 'frdni her .home on the nights between August :15th and 26th, .and part of tho daytime. : She missed the coat on the 26th, arid' - later 'missed ; various'pother ■'articles.' .;Nora\Jahe Johii'ston ,: said 6he found the accused in the rear of her shop, the New Brighton Cafe. The accused had a parcel of meat-and fish in her hand, and explained that she was hungry. Samuel -Bruce, cartage contractor, gave evidence of finding the sujt-caae with artioles of-clothing inside, at. a distance of six chains from, the■ residence of'-Mrs. Hall. : -

Constable : Hislop also gave evidence. - , ; Hiß Honour' said it was unusual.to find women the Court on such' a charge. Concerning tb« coat and the fish there .was ,no. doubt at a]). As to the other charge, there was no evidence on which to convict. The jury, .after eleven minutes''absence, returned with."*' verdict of .not guilty on the first.'charge and'guilty on the second, arid third charges;.' Sentence was deferred until Friday; The' Court then adjourned until 10.15 this morning'.'..

MAGISTERIAL.

■ .■WEDNESDAY. ' (Before Mr. Wyvorn "Wilson, S.M.) DIvt'NKENNESS. ' A statutory first offender was convicted and fined 6s, in , default 24 hours' imprisonment. , ' ALEOEGED ATTEMPTED THEFT. Robert Vernon Hadcliffe, 17 years of age

(Mr M. J. Burns), appeared charged # wrth. having. attempted .to steal Ss in money, the property of the New Zealand Govcm-

I nicnt, Irom a telephone slot. I.SuWnspector A. Cameron asked that accused, be remanded for a week, because there were'at kast fifteen other charges to be brdiight u.gainst him.

Accused was accordingly remanded to appear on Wednesday next. Bail was allowed at self in £»U and una surety of £SO. HEUANDEID. ; ' ' Archibald Fcrcival . Clark, a young man, was fcmu-dcd to eppear on Wednesday njxt on a> charge of having broken and entered a , .«hop . in. ■ Fitigerald avenue and eto.en cigarettes valued at ±'3 Its and 3a m money. YOUTH'S LAPSE. A boy, 16...years of -Age (Mr M. J. Gres•son), publication of whose n.'.me was suppressed, admitted having stolen 7s 6d, tha property, ot Jessie isaljul ierk.na, Uiirisichurch. . Chief-Detective. T. Gibson said the boy

had been 'ompl.ycd by iiarnetts, chemists, afid' he had stolen the money from the purse of Miss • Perkins, who was also employed in the same pharmacy. ■ Couu'iel for the accused said the boy had , suffered an inexplicable lap3e. He was a clever lad, and h.s partns were ie3pccia.blj •people. . His character was good and hj» had apparently yielded to a sudden temptation. . The Magistrate said he would not convict the boy, but would d.scha.'go him

under a, section <.f th« First Offenders' Probation Act. In doing bo, he was being very lenient to the a-.ci'Se'd, and he hoped that he would appreciate it. •'YOUNG WOMAN'S-CRIME. JTina Mary Lung, a young woman, 21 years .of ago (Mr E. \V. White), p.eadi'.d guilty. to thirteen charges of having stolen various sums of money totalling £B3 lis sd, on' divers dates, the property of Hany Andeison, Chrislchurch. The evidence of the police was to the effect that 'the girl had te:n engaged as a. clerk in Anderson's office, and as tho customers 'sent in cheques to tho office Bhe, as clerk, had aw ess to them. She Btole some and. kept the money. Later sin disappeared and went to Auckland. Aft;r sho had arrived there she was iirrcslcd ui> five". charges of fahe pr.-tences and convicted and ordered to be detained for twelve .months' reformative treatment. A few I

months ago she was before his Worship on charges of theit fiom Wardell Bros., where sha had been employed. ■ Mr "White said'thwe. was little ho could say in • mitigation of the f cts as stated by the police, because they were substan-tially-correct. The girl,- hs submitted, wai irresponsible, although he admitted that she whs cool '. and. clover. There was un- '

doubtidly some good in her, which could ■ be brought out if she were placed in the. right hands. . , • The" Magistrate agreed with accused's counsel, and said the best thing fof him to do under the circumstances would be. to place ' her under strict control. 'He convicted and ordered that she be.detained for reformative ', treatment at "Point Halswell for a period : not to exceed two years. •. REFORMATIVE TREATMENT. , Jack Aubrey Cecil Rogers, 19 years of.age, ' appeared oh remand for . sentence on a ' charge of having Etoien a wallet and money

of a total value of £5 18s, the. property of J. Shadbolt, little River. After reading' the Probation Officer's re- ; port, his "Worship convicted and ordered ac- i cuaed to be detained for reformative treat- 1 ment for 12 months. ' .. ■■/.,.. MILKMAN CONVICTED. '.. < John McDonald (Mr K. G. Archer) was t convicted and ordered to pay £5 18s costs ' and expenses - on two charges of having" sold ]

milk which contained less than 31 parts per centum of milk fat. CROSSING CASES. Charles Hulaton (Mr W. R. Lascelles) was convicted without penalty on a charge' of having attempted to cross- over ft railway crossing when the line was not clear. Frank O'Halloran (Mr. W. J. CracroH Wilson), who was charged with a similar offence, was.dealt with in a like manner. LICENSING. CASES. James Charles Oldridge (Mr W. R. Lascelles), licensee of the Cafe de Paris Hotel, pleaded not guilty to charges of having sold liquor after hours and having exposed liquor for sale after hours. Defendant was convicted, and fined 40s end costs on the first charge. The second charge was dismissed., . Norman Allan Oldridge (Mr. *W. R. Loscellcs) pleaded not'.guilty to a charge of having supplied liquor after hours in the Cafp de Paris Hotel, he being a person other than the licensee. , After hearing evidence, the Magistrate dismissed, the case. . Valentine "Wren and George • Swift were each convicted and fined 20a and costs, on a charge of having been found on' the licensed premises of the Cafe de Paris Hotel after hours. CRUELTY ALLEGED. The case in which Ernest Philpott (Mr A. J. Malley) was charged by the Society for the Prevention of Cruelty to Animals (Mr M. J. Burns) with having caused a Jersey bull, which Brazed on his property at Burwood, on November Ist, unnecessary suffering by having omitted to remove a strap that was fastened around its neck, was adjourned to December 3rd. IN OTHER PLACES. DAMAGES FOR ASSAULT. (PBKSS ASSOCIATION TEUtoiAM.) AUCKLAND, November 19. In the Supreme Caurt, Clinie James Drake, a farmer of Waeranga, was awarded £551 damages against Harry White Fretwell a.nd Thomas Malcolm Fretwell, for cowardly and brutal acsault on Tekuuwhata road, on August 21st, 1923, for- which accused are now serving sentences of three years' imprisonment at Waikeria Pr:s:n Farm.

ALLEGED ASSAULT. (PBBSS ASBOCIATIOK TELTQ»AM.) NELSON, November 19. Wal'er A. H. Crichton, licensee of the Turf Hotel at Stoke, was charged at the Magistrate's Court to-day with, on the 18th mat., at Stoke (1) assaulting John E. Kerr by pointing a loaded gun at him. »nd (2) did, with intent to do grievous bodily harm, attempt .to' discharge a loaded gun ■ at John J{. Kerr. When the ca.se was called on, SeniorSergeant Barrett said accused was not well enough to appi-ar in court. The MAgi'trate: Where i 3 he? : Senior-Sergeant Barrett: He 13 in <h' oelle. The police then asked for a remand in order that accused should receive curative treatment. The llasistrate granted a remand until Monday next. OAMARU SHOOTING CASE. (FBXSS ASSOCIATION .TELBGSAM.J . ' • • OAMARU, November 19. ( Jolin Holmes, who has been dtEcbargcd rouii the Oamaru Hospital, appeared in , the Magistrate's Court this morning charged . with ntlompted suicide and with the attemp v ed murder of his wile. On the appncat.on ol thq police, accused was remanded [to appear m custody: on both charges at iimaru on November 27th. Tha. Magistrate state-a that tho second charge would depend on the condition of the woman, who was lying in the 'Uunedin Hospital, and showing •r, ° l^ns °* inii'rovement. -I he Magistrate adjourned the case.until mien time aa the woman is sufficiently recovered. The polipe state that the bullet na3 not yet been located. ••