SUPREME COURT.

Dominion, Volume 2, Issue 588, 17 August 1909, Page 11

SUPREME COURT.

QUARTERLY CRIMINAL SESSIONS. true bills in all cases. . The' quarterly criminal sessions of tho ■ ■ Supremo Court wore commenced yesterday morning, botore his . Honour Mr. Justico Chapman. •■ . '•' , Tho Grand Jury comprised tho following: —Messrs, J. D. Tripo (foreman), E. E. Ham-. v mond,:,C. 6. Hume, D. do la Gardo, W. M.-- : ;PagpiV\Y/ A.;, -lliomson,Ernest Sbmorvillo; ', Artliiir? S; Clarko, Charles Davis, John. King-don,-Campbell young, H. P. F. BlundeH, A; W. lilanohard,,,Georgo. Nathan, H. S; Hislop, Edward Bull, C. AV. • Palmer, Ernest Hunt, -W. Cnohtou Smith, Milton PoTter, A. D, Bat-ham,. S. Kirkcaldis, and J; Dawsob, { CHARGE TO THE JURY. ,■ ' In-'charging tho; Grand Jury, his Honour stated '.': inter. - alia-"' that there was a chitrge.:against' a , Maori,-.; who- had gono- - through'' a-, Sort, of ' Maori -marriago -'with . a , giflninder . sixteen, years, pi; age.' ' Thoy both knbwfth.it it was. not a.marriage. .Possibly, theyjcoukl have obtained the. necessary.'con--sente ami becomo' man'and .wife, but, i.iii- . .stead?of' doing' that, they had..resorted- to :; the r 3O-called "customary Maori marriage." . If : people, were 'to .be permitted to go back to .'.Maori- 'marriagti customs, it might mean polygamous marriages. . The Native -Land • ~Court;-'fecogniscd. the' inheritance of children of such' marriages, but that did not weigh . '.with;.':the . Supremo Court, which had to en■'forc6 '~the;'law'_,of, tho' land.. -An important, case was that in .which a woman was charged -, witli';'wilfully neglecting.a child,:whoso death . .. resulted" as: a 'consequence .-.of, that, neglect. -It' .was;.tlie ; child of a young girl l in a distant -part- of.!, the .country, -and'the woman .was' V,' paid a sum to- look!, after .it. The' ~impo'r.tapco of .tho'caso arose from the fact • th'at;;tho efforts of the/Legislating of recent -.-. years-hid been directed ■in a marked degree " towards;'the 'preservation, of . infant :lifo!. ; ' A man was charged with: sending .an ariseawo'rth}\ship .to.sea; and'thereby.endangering life. : Ho sent- tho ketch. Ron a t-o sea to peHorm .-Vsomo . Mlvagel' operations' -at Palliser Bay. Tho vessel went, to sea without • any clearanco or permission of the-Customs. '. TJntil: recently, - somo kind of engine had' been ■.in the-ketch, and, when it was taken out, the. bottom j of: tho ■ vessel was;not;.'made - souhdj'f. She. was leaking ; befpre' she/reached : . the '.fleads, and she was in a very, leaky condition on.; her voyago to- Palliser Bay. She anchored there in bad weather, and tho crew/, fortunately; went. ashoro. '/ ultimately . -she. :sank.;fr<fm . her: .own" dtefects.', Thc':'a\v , , was . stringent on' t-he subject. A-person who' . knowingly .took. or 1 sent' or permitted to ,be '. takbii!to sea' a vessel in'-'that'-condition; was ;liable';to-sevore'penalty. There was also the caso: of a mail who ' ■ took',driiik aiid, used a revolver in a'dangerous ' .mamier;',' Then : tho jury would havo to decide; a caso in which a man got into a 'fight-in a' boarditlghouse,\ and had used a knife on the landlady, andr.on.another boarder. ' There .was i tho usual kuid of case in which, a man , watehed-.-another'-Vundor 'tho' 1 - influence of drink/arid took''money; from him. 'A some-' .• " what peculiar case - would come ;on in which '• it would be stated that a man rented a small : '..fafniiand with 1 it some He wa'a . witli'stealing some': .of the , cpws. . : i'Tbere' iwas aman charged. with- , three ...crimes' , —stealing frdm tho person, and stealing from shops (two charges). Also two men, Wilson : ■ and : M6rran ( ; : .were ; charged., -.with ' stealing .a. largo quantity of." goods '.-from ' Yoiing ! s : chemical- store. ; ' ■ ,- •: ■.:.Ih;ahothprcase,;two persons, a young, man ■ andwas -tlv'eiiiy^one. years, of. age, in; order ..to; in- • dn<»sHe. Registrar to '.marry.-them;: " '"lf these'peojUoiiro convicted," said his Hbiiouiy • "it^vill; my/troublej ; ;npt;yours.; Yduhiye :V siinjl£-iogdedfiii#i!^ne#'-tiiey. : wilfully.I aade- ;, ■ a false, , - j,,,;.; ':"■ .„./;• "The-caso which, from of tyiew :of '.public,-interest,-, is .perhaps '.the !most; im-. i -portant {hat; yoa, hav.e tq. consider," • on- , ' tiiiued his Hoi\aur,.'.lis 'a..i.scnes of charges.; ; employed in - .the,, Post ' Honour cijntiriuedf witli\'takiiig : part in. break-; ■irig'-"and.'.jciiteiiiig ,th; 6.: paroelsVpffice' ! 'of tho; Post-' Office. He fyas' also pharged with • •, : ceivihg,. "Bom'ingway ■; goods'.' which '.' the'-iittei' had..stolen-ftoni;' various promises . in ;Weilin4ton,'. : -'.jHfl ; wM.'-cliaj'ged.; on. another. into the'parcels,-office. ; ' TRUE BILLS.

' -"The-Grand 'Jury.'.returned, t-ruo :bills in every-' case' on -the/-list alias :Keehah;,';three ohargos . Vof Hlieft';"'. Gedrge; Qulrin,,Donald Wikon;;.and.Josepli,Keen, theft; -John "Tancred, freaking and; entering with inkM'-'io;/cau#'aotuartq'dily-V-harin'; , .'--'John-. Pliilpbt; Wilson: and. -William " John.' Notiian, theft; ..'Charlea'"' lv/use' 'and- William ! -',Tplin NoiiiaiCtheft j. David. Johnston, criminal assault; -Richafci;'Hdriry--Trattj /tlireo, charges of;cattle, stealing; Edgar Cough, theft'; fMary -Ann. CJnllitigliam; ■ neglect'" of ■ :child;J;'iColin Hector.-Kempton.'anc]/Virginia Mirioft Kempton, falsa declaration; -Francis Itatnsb'y; criminal: act j-Wirerhu Kingi-,: crim-. irial offencej: Alfred Binder,; grjevr oiis*:'bbdilyVliarm; Albert : Charlea .'Woihgbtt,'.' theft.jiHarry" Lee, breaking and cnteringwitli intent'.to commit .a '• crime; .Arthur' Frederick ■Wimsett, aicliiig to :bredk'aiid• ontei'j ingaiid ontering and 'theft, receiving stolen good : 3;;>.William Brown : and-Richard assauifc. bud robbery; ; Herbert . Pyke ,and Harfy;;-M.'pill;/'-tteft;\'ge,b^stian:' , ':;Ne.>Y»n ) -' ~&ejiidiiig' ship ,to/sea iuuiiseaworthy state.': :;; : -:^|S-VETOtLajRY;THEFTS. :;.r/V : <:«', I The; iildicfmeht against'.Ernest Kiiig, alias, Keciiiiiijioontaiucd.rnvc'/counts:—'(l)- 'fheit, oil July :l.0;;of ■α-gqid. diamond -ring; the. property of-Hora.ce';)yillianijL!6yd; (!i).theft, on July", 14 : , , :bf: v £S from ■..the -person- of 'jjEleiiry,; Ne\vtoh; (3) theft of the. last-nanied.'sum-; ' (4)■,tljbift, .on July 17, of two igold .bangks, the jirop/ii'ty of l<ouis : William Imdwig; and (5) ( 'receipt- of 'this joweljeryv'knowing it ; to liaye been' 5t01en...... ■.;.._■.. j.;... ..:;...-.■; ■•'MrVrMyors,- who prosecuted on : behalf of the Crown,-said that accused -asked to be shdWri certain articles,-and.ttlieii these were, placed on,the' counter for .his inspection he expressed a -desiru- to: seb'.'ioma other 'article in the .window; .While, .the' slibpkecpe-r's■ back' was.tuihed'be wm ; enabled, to annex; in' ,thb one case,- a gold ring, iind, .in tho' otlier, two■ gold Ijiiigles. Another chargq was that of' stcal.iKg i 3 from -the 'pocket of a man ;in thecrowd .outside the. Opera/House. •'.-.;.. ..>; ' Nora. ..Bell, saleswoman at Lloyd'sgave evideuce to the effect'that acciisediisked for a dresis ring. He was shown/several, and. then .asked that another iir"tlie ..window;-. \. should' be brought to him.. AVitness was/about to take away/the padsof-riiigs on -the.counter when she turned' to tho"window,|",but'accused said,, "Don't'tako;thoso awayj.l. may have one of them'{..yet."; ( ;. ; .When .returned from, the ;wiiidow,"rshe'noticed that, a paste and biassNVirig.h'dd \been V stibstituted •'for-; a £22 iOs.■diamond qno.vhich lay. on.,tho counter. ■■'\Vi'li"it''ss' hraVd a'"ririg drop',- and- picked up tlie diamond^.one. .'at.,.;accuscd'a' foot. ,'He bought '.a ruby ring for 305.,. and left the 'ohnp.-'J-. - -,.-/;!■■• -•■':■ '-;V' V - ■/■ . ■-'■ '"■;' :'"' -; ; ' "■'■ Evidence was also given,by'H.-W. Lloyd, ond John-Carlino Little ' ; • •':■ :.. .'• - Henry.Newtov/n; butcher, of Picton, said that lie went to' the Opera House,. Wellington,;'on'July,'l4: ', When v ' going '■';■ into 7;tfio theatreV'-he felt .a man pulling something, out of His trouse'rs.pocket.-., He missed:.£3 from the pocket.'"and'followed tho man, "who, ho alleged, had robbed him, and whom, lie idontiiioil asthe;accused.r..;■;'■•"■.'■. ■ .... ■' : V ■< -.i'lirthcr evidence for the Crown was'given'- , by- Detective :.A.'. E. Andrews, '. and' Louis William Lutlwig, jeweller, of, Lambton Quay. The latter stated that the accused inquired at his shop for bangles. -He waa shown some on. a';'tray, but he asked to see a plain oiie in the window. On , rctur'ning to,the tor, : he: missed a gold baingle. ■'; He felt one of accused's pockets, , and extracted tho. missing bangle. Accused 'said nothing. and wjt- j ness merely called hinr'a thief and let him' go. He missed, another bangle subsequently, which the had\ recovered;'.- f .'■ -. . .Cecil Brastiett'also gave-evidence.' : .i 'Mr. Wilford, 'who appeared for the accused,, addressed the' jmy, arid his Honour BBmnied'. , 'up'*the facts :of the case, j '.|

Thn jury, after forty minutes'. deliberation, returned- a. verdict (if guilty on tho first, fqurth, and fifth counts, and not guilty on the 'other two , '. .'■■■''.' ■ ■

His Honour,deform! sentence until to-day. THEFT FROM A CHEMICAL STORE. John Philpot \\'ilson, and Wj'illiani John Nonion, were charged with tlio tlifefb from Young's Chemical Company of 32 bottles of Lane's Emulsion, 124 boxes of Cuticiira Soap, -26 bottles of Eno's Fruit Salts, 102 boxes of pills, 6 tins of Asthma Cure, 5 gallons of vinogar, 2 jars, lowt. of cream of tartar; 6 bottles of Steam's Wino,'2 dozen bottles of Irish Moss,, and other articles. : Mr. Wilford, on behalf of Wilson, said that it was proposed to enter a plea of guilty. He would ask for twenty-four hpurs' bail, however, in order that tho accused might collect' witnesses who know him well, and who could speak.as to his character. Tho application was granted, and the accused, bath' of whom: pleaded guilty,- were remanded until this morning., . .■;■•. /.ALLEGED TILL ROBBERY.,' Theft.of a till containing £1 10s., tho.property of Harry Norwood, was tho- charge against George Quinn, Donald Wilson, and' Joseph Keen. >. . ; '\ . . ; '~ All three pleaded not guilty, and were defended by Mr. Webb. '..'■. '. ■ ,■ ,' Mr. Myers said that. Norwood, keptj.a'sto'ro iu'Kilbirnio. At midday on May ID, he left tho shop for a' few moments, and on .returning, he missed a containing "aboiit 30s: ■'- ■. ■■■, .' - .. .i■■ ■. ■ ' ..- . Harry Norwood; in evidenco, stated that he .-.reported.'the theft to the police. Constable Larltin and he met Quinn and Wilson near'Miramar..' .Wilson gave, witness about 2s. Gd. worth:of coppers, and then struck at him. , Witness gave chase, and.subse-. "quently all four—Wilson, witness, Larkih, and Quinn—assembled, at the' Newtown Pplicb Station. -Wilson there denied having given witness the coppers. '•■ ' : : Tho.hearing of further evidence was adjourned, until this morning. '• ■

SENTENCED FOR THEFT. William Thomas Tower, who had pleaded guilty to two charges of breaking awl entering: with .intent to, commit, a .crime 1 / and ofbreakirig .; and. ,entering and.-' thoft,'- was brought .upfor.sentence. ... Mr., flyers enumerated several previous convictions. : ' ■ Prisoner-had nothing to say, and.his Honour, after commenting on the frequency of his- previous convictions, sentenced him to eighteen months', imprisonment, 1 with '-hard labour oil each charge, the sentences to be concurrent:. His Honour ordered the restoration of tho stolen property.

IN BANCO.

■ ■v. POSSESSION" OP A HORSE. ■ Sitting iii Banco yesterday, Miv Justice Cooper upheld the decision of Dr. M'Arthur; S.M., in the case of Hook v. Gold. • In December, 1905, WillianivHenry Hook, the plaintiff in tlio original proceedings, purchased ;froju', his 'brother, Lev/is Hook, a black' geldiiig for £20, but the horse remained in the possession of Lewis Hook until November.l3, : l9o7.. :I<Bwis Hook subsequently assigned ■ his estate for the benefit pf ,his creditors, and Henry -Arthur; Gold, -for the creditors,; took possession ,ol : the horse.'- : Tho: plaintiff claimed from the defendant Gold- possession of the horse or its value £20, and £10 damages . for detention. ,The magistrate decided against-the claim, , and it was; against this decision that - the appeal was taken. Mr. P. Levi appeared for the. appellant, and- Mr. C.'\V. Neilson for the respondent. '• His-Honour, after hearing argument, said ■ that: although tho horso was constructively in the possession- '.bf- William 1 Hook, ( he al-lowc-dnt "to-;remain-in- - tb<r-app3re'nt , posses-f sioii' of Lewis Hook- until after ..the execution of tho'deed of assignment,/and did not cause' the 1 change:' of ;owncrship ; be '-pubv lished by. means of the registration of a- bill of .'sale'j -'or otherwise. Tho -.whole "question' was one of appareht:'posse_ssionV-. Tho appeal was.dismissed with fiv.ql !■} .($•

IN BANKRUPTCY : The • jipplieution" for discharge of Johh .Morris. Schapiro, bankrupt,..came befqre;Mr. /Justice .Cooperl'yestSrdaj; ■ morning, but was adjourned until .'the next sitting of'th&Banfc ruptey. Court, September 20...;•