LAW REPORTS.

Dominion, Volume 1, Issue 48, 20 November 1907, Page 9

LAW REPORTS.

SUPREME COURT.

. CRIMINAL SITTINGS. Tho Court resumed its sittings- yesterday morning, His Honour, Mr. Justico Cooper, taking his seat at 10.30 o'clook.

THEFT OF MONEYS. SENTENCE OF EIGHTEEN MONTHS. . George Cowan, a middle-aged man, who had, on the previous day, been fonud guilty of having stolen tho sum of £13, tho inouoys of one David Morgan, at Foilding, was aot forward.

Prisoner, who was undefended, said that lie had been in constant work lately. Ho asked tho Court to deal leniently with him.

His Honour: Unfortunately, there is a long list of convictions against you, some being for very serious offences. I shall take into consideration tho fact th.it tho jury found that you did not steal tho money from tho person of Morgan, but that ho dropped tho money and you picked it up. I sentenco you to eighteen months' imprisonment, with hard labour. It is a pity to see a man of your ago with such, a record. Since 1890, you have served various terms aggregating twelvo years. . . The Crown Prosecutor nsked that tho moneys found on tho prisoner at tho time of 'his arrest should be returned to Morgan.

Prisoner said that, as he had been found guilty of the offenco, it would only be right that tho money should be returned. His Honour ordered that £8 in notes bo roturned to Morgan, and that the balanco of 225., which was in silver, and which might not have been tho proceeds of tho thoft, bo held for tho prisoner. WILFUL DAMAGE. A MONTH'S IMPRISONMENT. Patrick Brady, a middlq-nged man, was, charged with having committed wilful damago of the value of £5 and upwards—to \iit, having broken a plate-glass window in the Clarendon Hotel at Palmerston North. Prisoner, who was undefended, declared that ho knew nothing at all about the matter. . ' . \ •■• The following jury was. enpanelled: Chas. H. Osmond (foreman),. Eli Young, John Stewart, Oswald Dunnell Anson, Walter E. Woods, Stanley Kirby, Laurence Booth, William A. List, John iH. Musson, Jamos Eglin, Alos. Patterson, and Edwnrd Trilford. Kathleen Higgin, barmaid, doposfld that tho prisoner and another man wore cjuarrelling, and that prisonor took ur> tho jug and throw it in tho direction of his companion, which was also in tho direction of tho window.

Cross-examined, witnoss stated that, at the time, only prisoner and the other man wore in tho bar. . Johanna Tait, who was, on the date in question, licenseo of the hotel, gavo evidence that the extent of tho damago was £30. Constable Hunter deposed that when he arrived on tho scene, tho men were still fighting. • ■ No.other witnesses wero called on behalf of tho Crown. : . ■. ( Prisoner, addressing tho jury, stated,that he arrived from tho King Country the day before. As ho was unable.to get a bed, ho had to walk tho streets all night. Ho.went into tho. hotel as soon as it opened 'next morning and, commonced drinking. Subse-, quently, ho received a crack on tho head. Ho had no recollection of .having committed tho offence " . His Honour, in summing up, said it was probablo that prisoner threw tho jug. at tho other' man, and not with the objeot of broaking tho window. If a man in tho performance of an unlawful act did damage to some person or property ho was responsible. Tho jury, whioh retired at 11.10, returned, fiftoon minutes later i with a verdict of " guilty." , • . . .

His Honour said ho would, not deal very severely with the prisoner. Ho supposed it would bo impossible for tho prisoner to pay the value of the window. Prisoner: I could soon get good work in tho country. His Honour: I shall sentence you to a month's imprisonment, with hard labour. Prisoner: Thank you.

THEFT FROM THE PERSON. ' Daniel Desmond O'Brien, a young man, was charged with, at Dannevirko,' on October 8, having stolen moneys totalling £4, and a watch, knifo, and 'key from the person of ono Jacob Sorensen. Mr. Neavo . intimated that prisoner sired to plead " guilty." ■■ ■ ' '■• His Honour pointed out that prisoner himself must plead. Prisoner-said that ho was "not guilty" of tho charge of. "stealing." He admitted having " taken " thirty shillings. His Honour said tho plea was equivalent to one of " not guilty." The following jury was empanelled:—H. Hurrell (foreman), A. H. Waugh, J. Bradburn, A. G. Rough, G. Duncan, J\ Taylor, H. Wado, J. R. Home, D. Ferguson", J. Hollis, J. Wood, and J. Dillon. _ Mr. Myers briefly outlined the facts relied on by tho Crown. ' Jacob Sorensen, wood-splitter, Dannovirko, gave evidence that lie know prisoner only slightly prior to tho date in question. They had some drinks together, and, after having visited a restaurant, went to a boardinghouse. At tho time, he was not exactly sober; ho knew what he was doing.- , ,Thoy sat down on a sofa, and witness fell asleep. Tho proprietor came in later and told him that lie could not giyo him a bed. Prisoner had gono away earlier. When ho got outside, ho missed tho money and the articles enumerated in tho indictment. ■'■ Cross-examined, witness stated that- when thoy readied tho boarding-houso O'Brien was under tho influence of liquor, but lie was not drunk. Witness's companions on previous occasions had taken care of his money and .various-articles. Ho did not feel O'Brien at his.pookefa. i . Re-examined, witness stated that ho did not authorise, prisoner to take care of his money and tho articles in question. • Agnes Sinclair, daughter of the proprietor of the boarding-house visited by Soronson and O'Brien, deposed that she saw Sorcnson asleep on tho sofa. O'Brien was sitting beside him.

Cross-examined, she- stated that O'Brien did not appear to have been drinking. Thomas Sinclair, father of the previous witness, said that ho found tho knife and koy produced on the .floor, of tho , room in which tho men had been. Constable Curtin deposed that, when ho asked/O'Brien his name, ho replied "Smith." Prisoner afterwards admitted having been in Sorensen's company. Witness found the watch produced at prisoner's place. Whilst in custody, prisoner intimated that lie would plead "guilty," and signed a statement. Uross-oxamined, witness stated that, as far as he know, prisoner was not supplied with drink in tho lock-up. Prisoner was not agitated when he dictated the contents of tho statement. Sydney Andrews, hotel licensco, and L. G. Armstrong, draper, also gave evidence oil behalf of the Crown. Mr. Keavo contended that prisoner took charge of tho watoli and thirty shillings for Sorcnsen. There was uo criminal intention on prisoner's part. Ho intended to roturn the watch and money, to Soronsen next day, but the money wont in drink. For safe keeping, ha handed the watch to a mate, who took it to his house. His Honour: You submit then that, in t.ho first instance, prisoner acquired tho monoy honestly, but, subsequently converted it to his own uso. I understand that tho prisoner is a lirst offender. Perhaps tho Crown will accept a plea of "guilty" on a minor'count. Mr. Myers agreed to do so. Prisoner then withdrew his plea of "riot guilty" on the major count in the indictment and pleaded "guilty" on tho second count. . ■ His Honour said lie thought tlio proper course had been adopted. Mr. Nuiu'o asked that prisoner be admitted to probation. His Honour said he would rcmniid prisoner until Saturday. The Probation Officer would, in tho meantime, supply a report,' The jury wore thea disoliarge4.

ALLEGED THEFT'FROM' A'DWELLING.

Thomas Hayncs, a young man, was charged with, on October. 14, at -Danncvirke, having stolon a sovereign case and moneys totalling £5 10s., belonging to George Coleman, irom tho dwelling houso of Florence Packer.'•' Mr. T. Wilford appeared for the prisoner, who pleaded not guilty..- '.■.'.■ Tho following jury was empanelled:—A. D. Konncdy (foromaii), E. Mason,' Jame s, Mockridge, W. A. List, George .Duncan; J. H. Musson, E. Tulford', , James Taylor, Jamea, Eglin, Frederick Wallis, John r Wood, and M. J. Kodgins. ' .' ■ Mr. Myers briefly outlined tho case for the Crown. • ' •

FloroncQ Packer, who on the date in question was manageress of tho Coffeo Palaco at Dunnuvirko, deposed that the prisoner topic Coleman to his room. Subsequently witness went into the room. Whilst tliefo she, saw Coleman's sovereign case. It was open, and she counted tho contents—threo. sovereigns and a half-sovereign. Prisoner could, not. help seeing 'the money. Mo must also have seen two pound note's whic!*-" were in . Coleman's inside pocket.George Coleman, pensioner and commission agent, deposed that lie had £5 10s. on, him when ho roached bis room. After Miss Packer left tho room prisoner fumbled in his pockets. Walter Monts, barman at the Masonic Hotel, Danuevirko, deposed that, on the afternoon in' question, ho lent Coleman , half a sovereign. Cole'man said he had no money on him,- and-showed him his empty sovereigncase.- ■ ....: '. ■..•.;'.'" . ' ], .' , '■■

Sergeant Croickshanks, of Danneyirko, gave- ovidonco, that prisoner donie,d having seon .either tho sovereign-case or the monoy, but while he was being searched the case tell on. tho. floor as., a result of his sock being pulled down. • Prisoner then stated that Ooloman had handed the caso ,tq him; .. Constable Curtjin also gave evidence.. Prisoner stated that Coleman gave him tho sovereign-case' to -mind. .... .-.".1. ..' ~'... . .'.'. James H. Rice deposed' that prisoner . wa3 npder tho influence of liquor when ho saw him at, the lock-up. , . . ' ".,'•■ Counsel addressed the jury at length. . His Honour concluded his summing up shortly before sis o'clock,' .' ...';■ The jury returned at,7.15 ;with a verdict of "Not guilty .".and the. prisoner was.'diSr charged. , -,'■ \' .-'. ■'■''.. '< \ The Court-, then" adjourned' until 10..30 this morning. '. '**„ ■■■••■■ : "..^....;,.-l'"i,""-.-' 1 .'.•"

DISPOSITION 'OF CONTRACT. MONEYS. Mr. Justico Button heard _ argument , yesterday relative to tho disposition of certain moneys due by .the Lowry Bay Estate Company, Ltd., 011 account of road works;earned out under contract on, its property.. The contractor, William Wilson, was; assisted financially by-David Andrews, contractor, and Sir KennetlV Douglas, solicitor, to whom ho gave orders o'ii' the company. Wilson became baiikniptV'and Andrews completed the contract. through Mr. H. Johnston, intimated its willingness to hand ,over the money'it had contracted to pay to the party legally'.entitled to it. Andrews, who was represented by Mr. Dunu, claimed £442 10s. from.tho company, and Sir Kenneth Douglas, who conducted his own ; case, intorpleaded for tho amount ' : which claimed. His Honour, adjourned the caso until Tuosday next. Ho'granted-■ leave to tho plaintiff to amend-tho statement of claim by making the Official Assignee a party instead of Wilson,' and by. making, a'further claim of £337"105: -rLeavo;' was .also.igiven to all parties to-file additional;afndavitSi