SUPREME COURT.

Dominion, Volume 2, Issue 597, 27 August 1909, Page 9

SUPREME COURT.

THE CRIMINAL SESSIONS. LATE-COMERS PARDONED. On: taking his seat yesterday morning, Mr. ■Justieu Chapman referred to the orders made on 'tho previous day for the estreatmont of recognisances '; lodged on behalf of' two "accused persons whohad'foiled to attends Harry M'Gill, who is,charged with haying broken into the ■p'remises 'of the Dominion Clothing Company,: on.' Lambtpn r Quay, and stolen tio.«, otiixts'; and other 'articles,' reached tho.- Court aboilt, an hour late, and Mr. Wilford, on his bel»nlf;:stat'od.'that:thc';accused had misunderstood the instructipns givon ihim ;by counsel. ThdVothcr mail, Alfred Binder/'Cchtirged with attempted grievous bodily hai'ra), reached tho • dyitft•, some fifteen;.minutes- after proceedings uad comrnonced, and Mr. Wilford Handed in a letter which"the' accused , had'received, notifying him of the death of,his brother. Coiinsol accused had first sent away some teiegrfiitU and had come directly to the.Cpurt. As another cate had .been upon, the "trial of 'both accused was postponed." -• Hw Honour rescinded the orders for the estrSdtment of the recpipiiisances. :

• J AN EMERGENCY MOTORMAN : Tho young man, Edgar J. B. Clough, who was ; found guilty On Tuesday of; having .obtained mon6'y by false pretences, by Paeans 6t a XlO ch&jtie, signed by John RaymoAd Bothwaito, ironmonger, of N.elson, was brought; up for. ' seiiM'noe yesterday morning. : ' ; '7Sir! R. B. Williams asked that, sentence ■ should be deferred for two tlays, in order that a. Witness, Mr. Fisher, might attend. - Counsel. deiiied the Court to hear at that stago a statcincnt by the Hon. T.; W. Hislop. litHisl6p enid that, ' when -ha; tot; became. Mayor, a small question of _ staff discipline arbsS, and he was thrown into touch With 'acCtlsed,' whom he'ha'd known, for four years. As 4 member of the primary employees staff - ha'had shown himself to be'an-intelligent and' . lardrworking younjf mail. ,At one time he whs in -.the.-position of, inspector, but ill-health com- ; .pelle"d him tb take another appointment in ,th'o voluntarily, 'having interest- in some land. - - - ,-• Mr; Williams read testimonials from-tho C6r*. pOration electrical depat'tment, including a letter itating that ho was Competent to act as moto'rman in an emergency. deferred until, to-morrow morn-1 in&V _ iv./y ANOTHER JURY WANTED. Harry M'Gill was charged that, with Herbert 1 ■ Pyke (who received on Wednesday a sentenco of two "years' hard labour), he broke and entered by; flight the shop of Sydney Dromgool, trading as 'iitho Dominion - Clothing" .' Company, ,in Lambton Quav,- and 9tole SB ties; 23 : shirts, 6 beiS's 1 of collars; 2 kit bag's, -2 .-portmanteaux, arid;. 2 pairs of braces.' . . ■Mr. Wilford, who appeared for the accused, sMibthat, the indictment charged M'Gill and Pyko jointly. Pyke had-been dealt with, and : -,a ; icertain number of the jnrorS- now waiting had'tie-eft. empanelled to try his case. Counsel for-the defence, had sis ohallenjjes without oause, ' and; as many more as he desired with cause. Would ■ his" Honour consider as cause - the' fact thati- the jurors.-had served: in the other case, in which'the prisoner ' had'been undefended? Ho desired a fresh jury, as the facts would bo practically.' the' same. •'■ ' - . - (His Honour: I do not think that -can :--be'- : called cause. Cause meins favour'. Mr. Wilford: I, suggest that projudioe is inTolved.'' 'His Honour': I cannot consider prejudice. Mr'i Wilford: This has been ah extraordinary happening. It. has come about; simply because, . the .accused did not attend.-- : . His Honour: I cannot hold as a, matter of-■laiv,'-that, merely because a juror, has'.served. on 1 , the jury which tried tlie other man lie will be .disqualified. , yApparently the authority, is' against it; ' • •• "Perhaps, the Crown would help-me. out of '.the'i'troublb theni to stand . 7 a'sidd," eaids Sir. Wilford. .. ' ' Mr/./MyeifS'. 'to .challenge ,-the. ; old jurors. ;He , said, that, .for reasons which, .ho, , need not indicate.' hd wduld-not have the case . tricd'before tho small panel thit would.be left. . He;wonld,prefer to have the case come, before a..naw--panel next week.. - ■Mr. Wilford ,said,.that, if Mr. .Myers, would do 3 'as:lie ho.iWOuldigTiarftntee uot to ■ challenge a single juror. "I don't think you can enter into such eucagenients as that," said his \Hononr, "and I aoiiUtWnk suoh "air engagement ought to-be made by Crbwn. --. lt might'crop up":hereafter, as a.'reproaoh. ;I must .eussume that the Crown Erosebutop-has'some. reason • for' desiring ■ th^t,th«.trial should-not 1 be before the.reduoed ■ panel." ... ■ • ■ ,■. ,• - •'Accused • chose to stand' his trial next week. Bad was refused.' , ,

THEFTS BY A STOREMAN. ' " Charles Kruse,; an cldorly raw, • who- was dtiscribed M.:.es-champibn' rifleman of' the. Dominion,' was' oHarged . th'fit, '■ witli. William / John Noniiin (who -received a wntence on Aiigust.i7 6J.'.lSlaontlis'..hardilabonr) > he stole from.tho Stewart Hardware, Glass, and Timber ' Oompany, Ltd., 3J.'Cwt; of white head, 2 drums 1 of:efl,Ul2lb,' Of \ paiit,">4 tinsOf sienna, and .1 ■ kite of . ■. .Accused' was ..defended', bjr; Mr.". Wilford.-; v Mr. Myers ; said - that, this . was another case ■ of;thoft ; a,; stonSman..Nomari, 'an expressrian,; had '.pleaided. : guilty' •/ to :;,rdceiying;> goods < 'stolen from the;Stewart Company; : ■ .Evidence -was\tendered by Herbert W. Wilson ■ (saoretary of the company),/William. John No--1 man, James Hutohen.(managing director of the company), ."arid Mathiesdn. ' ■ .'.The jury! retired at. 1.15• p'.iri.',' and;3.3o, brought' in a verdict of gnilty, with a reconini«naalion to .meroy.,. .Sentenoe was deferred : until' to-day. • • .

WAS THE RONA SEAWORTHY? " .' Sebastian'NeW6ou:was .charged' that . ho-6ent the,ketch-Bona to sea from .Wellington on-'a voyage' to Palliser, Bay . ffKile she was in , ■ ; 6nch an unseaworthy state that? the lives.of tbo -cto«' were endangered.'.- 'Thdre.was', a'.second count charging him with having been a party - "to' I 'the lending 'of the ship-to 5ea~........ •.* Mr. Kirkcaldie appeatea for' tka accused, who . pleaded not guilty. ' v ' ; M ..•SSSr. Myers said that the case was an unusual one, which arose under the Shipping and Sea- . 'itfen- Act. l- The- RPnaV-was -dispatched ,-to. Pal»' liser Bay to salvage cargo on- thiS. Ben-Avon;, Accused and another man, Jaihieson,' chartered , the-ketch'.from-its owhor,' J Mr. Ruxso. "An engine;, which had been, previously in the Rona beon taken out-without-the exeroiso of cftre/ A crew of nine was engaged,'and the sailed from Wellington on Maroh ; 26. Ac- ■ ofised did not go with her; The'; pumps were : kopt going during thp whole of the trip 'td Pilliser jbWi - fi'nere ,was-only one ~bo6t V On . b6ard,i And it "could;carry,.only three'riersons.At Palliser Bay the,master (who was an A.B. without- a certificate); Sertti-tho, crew;, ashore/.and. the ketch went down'by the stern. 'If the ves-ssl-'iad met bad-weather in'the,-strait the crew : ■ lhight not have been able to keep .the water dpwh. ' • . ;,A. , Ghirles Stafihard Nixofi, 'of •' Custows; and Charles Thomassen,: A.8.,. now tem-pdfaty'.-.w&rdei; .thei Terrace' Gadi, -gavp 'evidehce ;for the pro'steution. The latter - stated tfih't' he was engaged by the accused - to take .- chargo of the lcona on h'er's&lv'age trip. Ho wds-to get i£2.los. per week and. 2 per cent, oil the salvago profits; ■ The water spurted through the bows as the seas struck her. Baling, opera- ' tiPhs were kept up continuously; but the water gained on thein. '_ , - i'V; ■ - iOhptain; S.:G.,'Stringer,'.inspector, of sTiips, Btated that ho inspected tho Rona iy October last; nrior to her trip to Terawhiti to salvage the.vyVoollahra. The certificate was granted on the condition that she - was to be towed thore ahd back. :'The. defence, as'stated in the evidence, was that accused gave instructions that the boat was not to sail without him. He had arranged \ for the Duco to tow her out, and tho Ferry ,Cqm'pany; ; had, agreed to;give the tug's'services fPr per hotir. Tt was suggested that the vessprung a leak after, arrival at PallisCr " "'Jhe evidence wi s riot concluded when the . Court adjourned 5.30 p.m. '