SUPREME COURT.

Dominion, Volume 3, Issue 665, 16 November 1909, Page 6

SUPREME COURT.

' CRIMINAL SESSIONS OPENED.' • A MUCH-DIMINISHED CALENDAR. The criminal sessions of the Supreme. Court opened yesterday before his Honour Mr. Justice Chapman. Thin following.were empanelled, as the Grand Jury:—Messrs;. W. L. -Meet . (foreman), 'H. Eames, L. Beading,•' J. J. S.' Stevenson, G.'l'. Pearce, D. - Campbell, J. Paul, J. G. Dawson, A. S. Chapman, A. T. Fauval, Robert'Holli;day, .H. A. Shepherd, and S. Mackay. . His Honour,'.in charging the Grand. Jury, •mentioned that upon this occasion there were | not more than one-third, of the number of -bills ' that' had come before the Court at the-.pre-vious .-sessions.. The offences: also were of the ordinary.' character. One could only speculate as to how it < was that, crime fluctuated in 'such.a way. It might possibly be a^ kind of isct off against the drawback of earnings not. being plentiful. Frequently crime was due to tfiG careless'- manner in which many per? sons 'looked after the safety of their property.. Whatever check there might have been to the prosperity of the cdnntiy during .the last year and a half, it now appeared that matters were gradually : righting . themselves. .Theire was one charge' that was somewhat unco mmon—that, of the alloged abduction .of a child by. a man .who was co-respondent- in a divorce case. It appeared that a husband had ■obtained .'a decree nisi .for divorce ■ from t his wife;' but neither he nor his wife had obtained the authority of; the Court in the matter of custody. In law the' custody of a' child rested with the father. ' Another case'ta which he •would draw- attention, was .'that ■of a 'charge against, a. man and a woman of having made a false declaration 1 . It appieared thint. a girl aged nineteen arranged to marry ayo .-;j .man, j but'her father had not given bis consent, although he'had in- a sense allowed them to keep company.' The. alleged offence was that the couple had roprcsenttd that the girl wa3 of - age, although'they were,' allegedly, aware that such was,not the case. x • ; PRISONERS SENTENCED, ■ ' K)RGERY AND -TJTTEEING. Thornrus,. Aubne,- alias; G. Story, ,who had pleaded guilty in the,: lower court to . forgery and utterinc, was the first of several prisoners ■tbeome up,, for ..sentence..'-,: ; ..... . Mr. E.' N'. Petherick, on behalf of the pris. oner, pleaded for,, leniency, intimating that prisoner had -been the victim of drink, and had teen induced to, utter a. foTged order given to him by his: mate: whb had that day given himself into, custody 'at 1 Auckland. Prisoner's former employer. at. Poxton had expressed his ■willingness to take.' him back. • A' sentence of. six months' imprisonment was imposed. ' V '. . •. EXCEPTIONAL CIRCUMSTANCES. } v 'Alfecanaer Bloch,- who had been convicted at ' Wellington of' forgery and uttering (two charges) came up for sentence. ■ . Mr. E. J. Ktzgibbon, representing, accnsed, asked that prisoner; should b« admitted to probation. . , ' , -. Evidencs : of tbe, good character of prisonei was gb«nby' the Hon. T. W.- Hislop and James-Black (secretary of the.Drivers' Union). His Honour ordered prisoner to come up for sentence when, called upon.. -

c;::.;ViSE-pvrN:STVOTON v THEFT', ;> - .' Edgar Joseph Mercer, • who' had been> eonvicted.mthe lower coirrt at Levin bn.a charge of;' theft;' from, the■•• Taflway," station'- at that plac?,;Tra3 represented! by Mr, T. M. Wilford. ■■;• Eidiard Aiijn&us.Marcus; aid ;David ; Jatnes , Donnelly , ', (railway, -officers),. and .James Ale.x"antler ; (brother rpf.. p'risofter) gave evidence!'as to:prisoner's character.': '■',-'.■ . '■■'•' ' i&.:"WilfoTd'.- said similar- evidence ••• would have been given by ..Mr.';. J,. Craigie, M.P. He also "produce'letters to the same effect from the Mayor and other residents^of Levin." Ho mentioned that prisoner had got into difficulties through racecourse gambling. ■ ■ His Honour said, inter alia: " I cannot help speing that whatever may have .been' the condition! of-'affairs tip to the last year' or two, wonow have.a law which allows professional betting men to be a recognised part of'the community. I know very veil that they frequent places of resort!of yonng men and expose them'.toa partictilar.'kind/of temptation. To' each .Wmptatibh; ; jou\were^e:ip'osea : - and •! join with ■. others fin emphaii&illy'.saying '■ that the sooner,, that;. , law; is and' we .'return to a cleaneri state of; a.ffaire the/better.".-. .After reviewing,'the;features! -,bf, thercase,' amL. of- this class"of'.crime, at'some length,';his"."H6nonr im. posed a-' , sentence; of'four months'''imprison', meni. ■,;■* 'f'^^i'" ■;■ .'-."'.' ;iJ'^^ > ':msi^^}[-''-'^r : : • , A lad of : 17i- named Ronald ;Seafor.th ; Jones, cpnyicted at-'Wellingtori. on. a ; : i;hargei dfi.breat" inj»;enteTing,and''theft;, was represented by itr. rWJlfordrMiPiV; '"'•. ■ v!■/;:">•,-'- ' Counsetvsiiid it appeared to him-tliat'the onlj .proper ■course:,was to- send .the,;boy. i'to- the Bttrnham Industrial School."Tfhefe ; ihe.'. discipline wia stricter.than, at Werbrba,-where the boy had p'reyimiily•been. '.Counsel,'.went on to say that when ie. had dofended-tho boy on a previous charge; he'had'fo.rind that his room was cnunined_ with "ptany drehdfal". stories abont burglaries and. esiapes, and siich" things. He seemed":to haye,startea-o'ut to he ; a modern sort of. Dick,Turpin,.-.'.(,... '•.*■ ■■ .:■'?.-;•,'■•!•■> .'),' ' • ' ; His Honour 'said;he would idefcr. centence-to make.ftiTtheT iriquries as to places wh'efe;-tho; prisoner-jconld.be sent; .- .■.''..'■-.'*.'• "'

May MeiViUe'caie \ip-for sentence on a convictibh, (entered > at.'.'Palnierston ; ' North) ,'for assanlt ■ causing bodily- harm-. Mr. E. C. 'Levtey'appeate'drfbr .p'rißoner'. ;. ■ ...•';; ■• ■'■' f/" His Hononr. said' that" prisoner, in", interfering in. ft drjinJien fight at the house' where she\,was living, -had" struck' aman .with an' article'of iron; l ■:.,The blow "injured him , , somewhat seriously, ■ and might' have .caused.'his ,, death; She would, be; sentenced to six .months' i.tei-' prißpnnient.'TOth hard .labour. :■ ;,- _, ■ i . . .i : ;'. ;;, cases for, !; y. ".-"■ , : ;;AvTOUN<3jROiSSIAN: : PINN; :.■"■■; ■ ' Andrew ■'Paulson,'a youn?" Eussian Finn, whphasbeen in the Domimoa two years, was charged .with; having, .on "May 4," 1909, stolen' from the.Hotel Cecil a gold watch, chain, pendant,'- security, and .£2 10s';' in. money, the property- olEva'.Haggitt. ; "-'.A'"'- : ' - ,: .' V ■ . Prisoner,.' who V. was '. .undefended,', admitted having. pawned : the >atch';;| but; denied ."having stolen any ■of the articles', >so his. plea was taken as' one of , "not.guilty *" .•■"' .'..''■ •.•■'■'■" Eyideube was given ~by Mrs. ■ Haggitt/; Jaa. MTarlane, G. Cowden,-E. Metz.-M. llaris, and Acting-DetiisilV.y-'Camei-qn: : r !',.;.' . : . '.';■<, n .The 'jnryj'i whioh retired at; .2.15 .'p.m.,■/ re-,' 'turned \ at' 3.40' with-; a. , , verdict of '."guilty" with -a: tecommendation -to meror. ; :,on'.'■ ■ the ground that-if' the. door, had had , .a proper lock /temptation would not' have- been put. in accused's way. i.The ..Crown Prosecutor iriforined'his Honour /that ' accused ■ had •'. since committed other'offences.of a similar, nature. :His HonoDi; seiiienoed prisoner to two years' imprisonment; the sentence to be coDcurront with another which he is at 1 present serving. .

.AFTEE-A'-BSINKING .BOOT. "■ ArchibaM : Mifaughton a young man, «&o was represented '.by. Mr.' Webb, pleaded not guilty to'ai charge of having,!rol>bed John George William Shelley of a watch and, chain. Prosecutor (who; is licensee o,f. the Foresters' Arms, Hotel); gave; evidence, aa .also' did Eobert McGarer.-,'; , ■.':■,.;■-V ■~.■'.; i , ;. .; a '•'.■■ , ,-..." \. The.\jiiry,Swhichv retired at ?3.55 jun.', ..returned,: at ■■i;ls!.p..m.;'with .a.-verdiot/.of ■ guilty qri the.pnarg'e;of;assault,..butt.th'at not: sufficient -.'evidence, with regard to . the charge of theft. <- '■'■ • ■'' ■■ ::..'.'>'■■■"•.■ i> Mr. JWebbj, in-.mitigation .of .sentence, .said that"-the crime-, was the-outcome":' of .drink , . ' . The Crown Prosecutor , replied, that it was quite true ihar accused' had ..never, been convicted: of . a charge involving dishonesty, but he bid'been before the-'Court on a number of previous occasions, and' only lately had had bad associations.. ,' ' . ' '■'■'■'. , • His 'Honour-: imposed- a -sentence of 'six months. •': ; ...-'.. ■■ ~- ....... ', ~.'.,..■ The Court then adionrned till 10.39 this morning. •.. '■■' ~■'.-■' r . ■ ■;,-'■, '■'■:: ■■■■