LAW REPORTS.

Dominion, Volume 2, Issue 590, 19 August 1909, Page 9

LAW REPORTS.

fr — ■■■■■■' ; SUPREME COURT. WELLINGTON QUARTER SESSIONS. A 'growing phase in criminology,' - QUESTION/OF MENTAL STATE. The quarterly .criminal sessions wcro continued yesterday bofore , liis Honour Mr. Justice Chapman. .: '• ■ Alb'ort, Weingott, a smartly-dressed youthj was brought up on Tuesday, charged with having 1 stolen, - at .Wellington, on. Juno horse, saddle,'and bridle, the .property • of-John Vincent Dyke. ; Mr, Myers appeared for the Crown, and Mr.-; Singac-for" tne'accused,, who pleaded not . ,Tile'evidence'of accused's father was that . v thc lad, whoso age was 21- years, had always .conducted himself foolishly-,Vand ho showed ■ ■ signs.of mental aberration. He had been ' v accustomed to hire horses and lead them for miUs'ivitliout:.riding them at all: A sum of ■ £90\had,bc(?n. leftyhini,' and he. went to Syil- . Jieyand opened a ham and beef shop. At times',.he would 'sit : in bis'.chair. and: giggle . at:his own thoughts. - , •; i- Sydney George Milling ton, gaoler, said that: the . accused had - been ill, -custody for threo' weeks. Kis. conversation was novel ■' strange.. '' •"■. 'V ' /."-Until you heard; the 1 suggestion yester- - ' day that ho was not right in. his-niindi 1 had that ever-struck your'' asked his Honour. "Not vour Honour," replied the witness. . • lii addressing the jury, Mr. Singer said that-theonly: available, evidence for the de- * : fenco :was that tlio lrtd suffered from.mental aberration, which made him irresponsible at times; It was: a painful case, disclosing a - Tecord of foolishness and -imbecility. The . ju'ry iniight ,'seo .fit -to say that- accused was . not-guilty, through insanity, or'through insaiih delusions. • . ' ■ His Honour, in summing up, said that there was no doubt, from the evidence, that ' . .accused wasi the. mail who'took away the horse;•• and, if it' wero correct that ho appeared; at the _Upj>erHutt sale, his object beeri to enrich himself. bj[ the sale . ofjtho: hired horse! 'If the .jury decided that thte.'wis the young man-who had:attempted to."sell /the horse, they would have tocbn-. sider .-the naturo of the act, remembering the - plea of insanity. There were numbers of '\ pebple'Son.the-border-line between, sanity andinsanity, and. the legislature had:sot out to, .es-. tablish-'insanity.;V:The jury, would .h,aro\ to consider first, whfether, ~ in the ordinary , sense,', accused was guilty, or. not. . ~lf.he was, not:-guilty, there was an end-to it. . iTjibfjury,' after a short adjournment; re-' turned, a verdict .of -guilty • in the ordinary • seiisbj: - r f>iid recommended-leniency; 'His .;iHonour deferred sentence.- until .t<V day,,'iitii:order»,that -he might , fully consider ...the crise. :kk. NAVY MAN ACQUITTED. Ono of H.M. seamen, David John Johnston .. (36),'^a..first-class . petty officer :of the dial-' - lei)gcrj; wais charged-,-with' having assaulted a girl oif Thoriulon Esplanade. . Accused pleaded not . guilty, and was defended ..by Mr. Wilford. . ' After:- an adjournment of, .forty minutes, the <jiiry. brought in. a verdict' of, not guilty, arid : tho prisoner, was,discharged.. ....■' I'N BANCO., , • appeal. from 'the' decision of Dr M'Arthur, S.M., was heard by his Honour •. Mr.; Justice. Cooper. in Banco yesterday. In the,'. Magistrate's Court, :S: , Rowe/iand: Sonsf --produce merchants, had brought an -action for-:£7o damages the. Union ; Steam Ship;, Company, Ltd., for the non-delivery of 260: slicks of-oaten chaff, alleged to have been shipped at I'icton by the Pateena for:WelThe decision *<if tho Court' h'aci'lWo'n tliafc' the chaff had- been, put on board and . was .properly, discharged, bu{. that, .by.errojv, tho' wrong marks.' ' Jud|ment was given for the,-defendant-com-panjr, and plaintiffs appealed from this de;cisiifiivr : : ... Mr< Gray appeared for the appellants, and . Mr.fiLevi for the- respondent', company..; After, hearing argument,', his .Honour, reserved judgment.