LAW REPORTS.

Dominion, Volume 2, Issue 598, 28 August 1909, Page 15

LAW REPORTS.

SUPREME COURT. ' I , \ , ■ CRIMINAL SESSIONS CONTINUED. THE POST OFFICE ROBBERIES. Arthur'Frederick'Wimsett, tho Civil Sor-1 :. - - vant who is-alleged- to havCrbeon an .accom-1 of -James Etomingway in the robbery i '„ > '■ of the / parcels department ,i of the Welling-1 ; • ton -Post OfDoe on January - 11, was brought • ' ' • up 'for trial before his Honour • Mr. Justice i ■ ; ■ yesterday: afternoon.' He '■ was j /!"•'charged with. having broken . and entered, ' by day; the parcels • post office, and stolon tw» rogfstercd parcels, (containing ono silver :.v-.::.--:..'..:. , -watoh,i:::ono,.'.gol(lVohaii\,-: > ..'ono : -:diamond-.-pm,-,rt -one gold .signet pin', ono. diamond scarf pin, I- ■■ ~ ■ one l silver cigarette oaso and matchbox,, ono diamond'.ring, I ,ouo matchbox, one pair.pincov rez), one' silver .tankardj v four cashboxcs ■ (containing £31195.- 9d. m money; £60 -7s. . :. 2d. 'in/ postage. .BtampSj and- a postal note for 155.), 1 And a registered parcel (contaming 406 'ciincelied Tiotes of tho Bank of New -Zealand)'.■On -a .secondcount, ...he was ■■ - , charged, with having aided James, Hemicgway'(who is serving-a. sentence of five years), ! to commit tho thefts, having delivered to j) ■. . .him'the 1 keys-of the office,-and of. the strong- , room, in order that wax impressions might be made.. .The goods stolen wore .valued at about £820. Mr. tho prosecution, and Mr, i Hislop, and Mr Petnerick appeared for. tho accused; 'who-pleaded ■ not ./.guilty 1 • Tho statement of . tho case for tho Crown ■■v-.-.".»>.'.'-.occiipied.' , .' , halF-an-houri: -.MriMyers going . ; .throughitthe -in'.the Magistrate's Court'. '/. - ... Evidence bearing on tho loss of .the,.-par.-■r • oels >' and, cash-lwxes- was given. by George J./,/ ..-.>Che3tfermatfi'(olerk; -Ain w the P.ublio : Trust h i ■ • . Offico);-i Henry < James : Caftwright > (cadet ..in -' "' j the -parcels' /ofEce), /Alberts-Victor 'Williams, • Alexander Procter,-, Matthew . William ■ Cummmgß, and- Norman. Andrew, (clerks ,in^the . : parcels' officeWißobert Edward Bayliffe (clerk, ! i ini the >■ parcels r? offieo,' now transferred ' to !./ 'Auckland), Carohno Ansell (charwoman), ■ Arthur , Adams' (clerk m the Bank of New v <.; : ' Zealand' at 1 James . Lindsay, (accountant of .the/Bank of -New, Zealand head :■ ■■■■:cffice),v,lsaaciCrichton:(officer m charge of .''',..'. ,^'':-..the:paffjek'office) l'!'Edgftr-OliT'«r-Pal)i)er,<(«m- -/ : i". . ployed 'in ;tho iparoels- office)'; : and - Detective W. Jl. lewis ' - / j At five o'clock, the further of j evidence 4,-as adjourned until-this morning. «I WOTJLD'EMPLOI''YOTJ TO-MORROW."

Sentence of^the'Court'was passed, yester- ' • ; .day ,on Charles'jKruae;-the elderly, man who : , , .was found- c guilty;.-ott..'Thursday .of thefts of oil, paint,. and cither goods from the store of his employers, the Stewart 'Hardware, Glass, and-Timhet- Company, Ltd; William ; John. Noman; : wboiwas charged • jointly, re--1 ■ f. i oeived a sontenco on August 17 £or this and i 1 other offences , ■: 1 .■y In pleading-for • leniency oa behalf of. Kruse •. v(whpvappearedfto ■feel njs position, keenly), Mr "■ w word 'said that the prisoner had borne an .excellent .character until,;he. came i info contact with Noman. Ho was 56 years of age, and had a family of nine, the eldest being seventeen years old "I wish I could find it to he consistent with my duty to the. public' to,'-extend to j' 'V ' bation .Acti but I: am . to-sayi that. it, :-, is quite' impossible,"./ said, his . Honour. ■', "1 do: not hesitate to 'Bay . that, 'if -I: were, an employer ,w this town, 1 should bo,prepared |• •- :.to you-.to-morrow, ; in spite of what ') has happened" ' It/ > His Honour went on \to say/jßow ever, I . .. ('-> 'that ho could ..not looK:nt.-tho. casoiin . that , way. ' Caseasuchas this' cropped up con-. , tinually, .offenders had been admitted.to pror- •.. batwn.. but--the->warMng9-.- had -been—unr, heeded. -.The only .course: now open was that .. . 'prisoner shouH . lx> : sentenced' toi. a ; tenn:'of . imprisonment, "ui. order; .thati: it should.'be? f. , ' oomo l widely : known; that;persons ■■ who vbe-: 1 ■-• .trayed. their: trust' would-be treated' . with severity.: -There was no 'doubt that, Nonian, , . was?the-real,(author,-/ of ~ th<ji , emnes;.,- tho: - rascality;.lay iwith.:hiip,:,and-;tnev.wf.akk«s :.y: with the'prisoner;" He . would* be? sentenced. '■■'to"'Six- months'; imprisonment, :: ,with-A 'ard labour. „ / ' , "TEMPTED BY A SCOUNDREL." V AND UNDERPAID.,' >, \ , : John Philpot Wilson, the young man who ''' ■ \vas found guilty last weekit.of' .having,-.co,rtr-, knitted; thefts from Yonng's,: ChemicaF:. Com--; Sany,:: in . conjunction - with i.- AYilliam : v John oman; (now serving:. sentence^, -was brought , up for sentence. i .=■ : His Honour remarked that; it had been his painful duty that morning to deal with a ; - . ~ i man guilty, of fxaotly the same loffence.i 1 It i ,was a case in which trusti had'-bten- iraudu- •: : : i -lently: broken; AccuGcd wa/^.mu6h" l younger ' " mart, and he had been temptwhand -worked - upon by • a -Honour,; wa* ...Rlad to say, had alrcadyj.had his. deserts. . ■ The wages of accused; as; liead;, storeman •. (£2. per; week) ■ were'■ mademjMo;they,: were.',less than the amount awarded: by "the Arbitration !, Court ito: a i ibottle-washeri ''.Although-....his -wago had beeri m6ufficient, accused cfiuld not ■ ■-> .-be; excused;on that- score,:\>but.-the circumv stance-would ■ mitigate .tlie-'scntfence. His ; : -Honour oonsidered that accused :Was likely .to r retrieve' his-.position, - by-honest'.work -in the i: v ,': future: : .'He would bo sentenced, to threo months' imprisonment, with hard labour i"'-^ ; r-'A

_ CASE OF-, THfi KETCH RONAr ' ; . A-. verd ict; of;. - guilty .'was - returned -by /.the .■ v Jury v yesterday/! afternoon: m the - case in ' which Charles ' Sebastian 'Newson was charged .- with- having the keteh-rEflna vto sea ; iromv Wellington -on ■ a voyage to .Palliser Bay. while . she .was in such, an unsoaworthy -,- : Btate. that ? the lives of -.tho crew. .were dangered. 1 , ■ !■■■ iTho cvjdenco - for- the prosecution .was that the-prisoner had chartered tho ketch from ■ . Mr. Uusso, the- owner, 1 for • the purpose of ■ . salvaging' cargo i from the ..wreck-; Benv-Avon, r Shi>; sailed on March 20, with. a crew of nin6;- ' .in charge -of< an A.8., v?ho; had .no certificate. ~ The-, crew had to bale out 'the vessel- :con- : itinuouslyi - as. water'spurtedi m sbetween, the • i ship's timbers. ■■ The'pump- was: out of order,. i audi the ,only . bodt onboard i', would ./carry three: persons in. calan. weather.•• At Palliser Bay,-,the crew left ketch, -which filled and .wont down by the "stem. . •. >The:. defence ;.-^aßv ; that ~-th«o prisoner, -gave instructions that * tho boat was not to leave , Wellington ; without him, and. that *he had engaged the'Duco to tow her to Palliser Bay. " He was ignorant of the fact that , *" thd'keteh 1 "Was unseawoffcliy, and suggested f - . -thaf'she sprung after arrival at Palliser Bay. ~ , His Honour .-remarkedon ' tho fact < that ' the verdict .was' "Guilty .'through ignorance; • '- with <• >*-■&•* '■recommendation r to • mercy." .- Igiiorancc, was -not one of the excuses"pro- : vid&l by ; tho' statute; He / therefore looked upon'tho' verdict as one of guilty. Mr. Kirk'caldie, who defended, asked that the /point, should 1 raserved . for. the -de--i cision of the Court of Appeal, 1 ■ ■■•. His Honour- said*.that.'her would consider : .the application,-;;but he would'deal with- the I ; prisoner, at; once. ? ■ The recommendation to I . ■ mercy indined: him to,.jmpospia'fine,'.. instead,' ■ :of ,B6nt6ttcmg the: prisoner - to r a. term .of' : imprisonment* which-. he\must have' received- • had:'thero. been-any.'indiciition - that ' the ' law had fyeen broken wilfully.-The fine, however,' must be' substantial.' Prisoner would " have i to pay, . before September. 3, • a fine of > £30, -with;. £10. costs; as an alternative, >he would ! be imprisoned-untilvthe.fine>was paid; witb-l a Jnnitatioa of six weeks. MAGISTRATE'S COURT/ (Before Mr. W. G.i Riddell, S.M.) ' ' TO APPEAR AT NEW PLYMOUTH. ' ;■■■■■. ... .-A'charge of' forging,, on or about August. 17, .at t 'New .Plymouth, , th» ; nam* iof Al«ander i B'.rickwoodr Wnldie to on order for x JtU, and , uttering. i.the' same to' ,Henry Qoldwater, . was i , prtfefred .;agauMt.oA]fred'.:'Arthnr.:''Aileii.'.v.''Oii' !• ihiapplication -of Chief Dettotir* Broberg, - accused was remanded to appear at New Plymonth." , AN UNDESIRABLE BOARDER. , An .undesirable and erratio boarder, Norman Williams, alias Manson, pleaded guilty to ■ -three charges of .theft—(l) On August 2, theft of a pair of. boots, valued jit l/is,, the-property ;-. of -Win. Grant M'lCinnori"; (2) on Augusts 14, *ieftj'of a 6uit, value £3, the property of j

Thos. O'Hanlon; and (3) oti. August 16, theft of a pair of boots, valued at 255., the property of Joseph M'Cormack. Chief /Detectivo Broberg stated that accused had made apractico of. staying at boardinghouses for a few-days, ami going through, tho rooms of his fellowlodgers. His Worship ordered a change of lodgings, sentencing accused-to three mouths' imprisonment ■on each charge, tho first. two terms, to bo concurrent and. the ■ third cumulative, ' ■ r ■

GINGER WINE. David Anderson and Sons wore charged that, I being the holders of a wholesale license, they I djd sell liquor ,in a quantity, less than two i gallons. : Sub-Inspector Norwood said thai the liquor (ginger, wine) was bought for analysis, and iyas found to contain 34.19 per cent, of alcohol. Mr. 0. Beere, for the defenco, said, that the offence was committed: unwittingly. Defendants had had the hquor in stock for years, and 60ld very little of it. A fine:of.i 20s. and costs 75,, was imposed.!' .S.' > V' : ' SHOPS AND OFriCES ACT. A charge of employing: a < driver, after, the i hour:fixed by the Shops and Offices Act was preferred by Mr. C. B. 'Aldndge (inspector; pf tho Labour Department) against Andrew Avison and Harry Walter , Willans. ■ Mr./ D. : M. Findlay appeared for the prosecution. 1 For the defence, Mr. Macholl contended that do-, fendants were bound, not by tho. Shops and Offices Act, but by an award of the Arbitration: Court, which provided that hours of 'labour were a matter-for arrangement. His Worship reserved his decision. ' v'; TIME AND WAGES BOOK.' ' The Department prosecuted .Robert Yarrow: for "failing to keep a proper time and wages book. Mr. Nielson, for defendant, contended that the case must be dismissed, as the Sroseoutionv had failed to prove : that ■ defenant.was an employer-bound by an-award;-. His Worship dismissed the information • 'without prejudice.,.: '■:/..■ ■ ■ . ■ ' STREET BOXING. Two men, Alfred Lawrence and Andrew Burt, had a bout of fisticuffs in Dixon:Street, and: as a consequence were charged ■ with using ■threatening behaviour, whereby a - breach of thepeace v;as occasioned. Lawrence pleaded 'that he had acted under provocation, but his [ Worship said that in that case , he:, could ( bring i a-charge Of assault against the other defeni dant. \Eo would > mike no distinction, and fined each accused -205., in default seven days' imprisonment. > ' . ' .' INSOBRIETY. - Two first-offending. inebriates wore- convicted and-discharged,- another was fined ' 55;;.-and a fourth 10s.; m default 24 hours' ',:;ipiprisonment,- Jno. Kinsley,"who had been..'previously convicted, was fined 10s., in default 1 48 hours' imprisonment. 11

CATTLE AT LARGE., ..A furthor; batch..'of- cattle-owmsrs were proscouted by .the city inspector (Mr; -Jas.' Doyle) for allowing, their cattle to bs at largo.. They were dealt with as follow—Fined 10s. . and < costs ■?s.: Richard B, Martin,: O. Andrews, Helen Cotter, and Charlotte Tonks; ' fined 6s. and costs Is.: Wm.z J.. Hart,' Frank, Pettengill,'. and .Frank Raven; ordered to pay costs 75.: Lavmgton M'Williams and Chas. Waddley. • .' OTHER CASES. _ -.'.-Kathleen; Brosnahan, represented by. Mr. Brown, pleaded guilty to a charge (jf /using indecent Tanguagc. Sub-Inspector .Norwood, reniarked. that "defendant was becoming a regular nuisance : .tothe'/neighbourhood .'iin'.' which she lived. She -was i.cbnvicted. and fined JE2, : in ■: default/ seven days. in -gaol/"' '/' 'i. ' •••'.B;' !<•'• Pearoe .(Mr;, Perry) charged Samuel J.■ Standen with unlawful/assault. /-After hearing evidence, his - Worship /dismissed the information. . / "