SUPREME COURT.

Dominion, Volume 1, Issue 54, 27 November 1907, Page 9

SUPREME COURT.

CRIMINAL SITTINGS

;• The Court resumed its sittings yesterday morning, His Honour Mr. Jusfaeo Cooper taking his scat at 10.30 o'clock:

UNLAWFUL DISCHARGE OF FIREARMS.

SENTENCE OF NINE MONTHS' . IMPRISONMENT.

James M'Allan', who was tried on the previous day on a charge of having attempted to murder James Jackson Smith by firing at him with a revolver, but was found guilty only of common assault, was set.forward.

Mr. T. M. Wilford, on behalf of the prisoner, asked tho Court to extend loniency. Although the fact that a. man was under tho ihilnenco of drink at the time of the occurrence was not an excuse in law, still the circumstance was one that might very properly bo.urged in this caso in extenuation of the offence. Counsel also pointed out that prisoner had been in gaol for two or three weeks ; awaiting trial.

His Honour: This offence cannot bo passed over lightly. The reckless use of firearms must be put down. In this case, prosecutor was acting perfectly within his rights when he requested prisoner to go away from his gate. It iy as clear that prisoner did not fire the first shot at. prosecutor, but subse-, quently he .11 rod at'tlib house. Tho jury wero probably ri"ht in coming to tho conclusion that prison"!- only intended to frighten, prosecutor, ciucli conduct was an outrage on our civilisation. The maximum term provided for this offenco is 'twelve months. If I wero to deal ;with prisoner in .an unduly lenient way 1 would be doing a great injury to the community.. I shall take into con-sideration-tho fact that prisoner has been in gaol'for two or three weeks awaiting trial, and impose a sentence <jf nino months, with, hard labour.

SENTENCE DEFERRED,

Waka Waka, Hepere,' a lad who was, on •.the previous day, found guilty of haying indecently assaulted a girl aged' fifteen at Maunkau,' was sot forward. ; '''•■■■ ;

His Honour said ho did not intend to pass sentence until he had obtained evidence relating to prisoner's ago and previous character. He would remand him until Friday morning.

ARSON AND ATTEMPTED ARSON.

RECOMMENDED TO MERCY.

' Frank Carroll and Francis Gordon Lyons, two youths, were charged with, oil October 20, having wilfully set lire' to an outhouse in Taranaki Street, tho property of Sue Sun Sing. Other counts charged the prisoners with having attempted to set. fire to the structure, and with having aided and abetted one William Walter Burgess to! .'commit the offence. ' ' ." '

Prisoners pleaded "Not guilty." ! Mr.' Hcrdinan 'appeared for Carroll, and Mr. Wilford for. Lyon. ; ' ; Thb following jury was empanelled:— William Muir (foreman), Henry Lamberg, William-Thachcr, Robert Tuill, Henry Plate, Joseph Cairns, Jdhn D. Taylor, John Clark, Hans Anderson, James B. Hislop, Jpbn H. Breodon, and Edward Gamble.

.'.Prosecutor gave evidence'that on tho morning after the occurrence he discovered that an attempt had been.made to set lire to'the puthouso. Near by, he foiuid a bottle, which; had contained .kerosene. , ■■; •'•■■'

'•;Joo Gee. who resides next door to> prosecutor, stated that, on tho night 'of the occurrence, he saw three youths standing outsido on the street. One jumped over his gato and then over a fence into prosecutor's back-yard. Witness saw him enter the outhouso and -strike a light. ' Cross-examined, witness stated that' he could not identify the yorith's. At tho time, hp thought the lad went into the yard to steal. The other two youths waited'outside until their companion rejoined them. ■ Mrs. Curry, storekeeper; Tory Street, deposed that, on tho night in question, a youth, whom she could not identify, purchased a bottlo of kerosene at her establishment. .Detective Williams gave ■ eVideneo; that .Carroll and- Lyons admitted, to him that a statement'signed by a youth named ttur,gess,' who , was with them on the .'night in question; 1 , was perfectly correct.. In his statement Burgess stated that .Carroll and Lyons -gave' him tho' money, with, which' to :.pui'cliaso tho kerosene,, that he committed the offence, .and that tho others watched outsido. •'■ '■■ ; , ,-, Cross-examined, witness stated that Burgess, when before the Court, admitted his guilt. ••■.-.. ' , ' ■ ' ■"•■'.

■ Constable Smithers also gave evidence. 11ns closed tlio ■ case ■ for tho Crown. Evidence was not tendered on behalf of tho prisoners, but thoip counsel' addressed tho jury. •

His lotiour, m summing up, pointed out that tho whole caso against the prisoners rested on their own statements. The juryj which retired at 12.35 p.m:, returned at 1.5 with .a. verdict of ''Guilty,'' with a very strong recommendation to mercy .. Connsel intimated that they • proposed to call evidence as to character. His Honour:' Tho jury can rely on it that I will. pay. every attention to their recommendation. I shall remand prisoners until tho morning. , '