LAW REPORTS.

Dominion, Volume 3, Issue 675, 27 November 1909, Page 14

LAW REPORTS.

* ' SUPREME COURT. . " HOLDING THE SCALES OF JUSTICE.' i THE JUDGE AND THE J-P.'S. 1 Seven prisoners were brought up for son- ... /tence uT.the.Supreme Court '-yesterday.- - Mr. : ; v.h,,J[ustice Chapman ocoilpiod the Bench, -.ir .■: -vHaving .pleaded ; guilty at, Raetihi to two ;. . . charges-of, theft, Stajiley Lcsingham Wnght, !, -i ,v #nd William Kendall' came up tor sentence.; * Mr. Skerrott, K.C., with him Mr. Noave, ap- • peared for the prisoners. ir:-;- .'Mr. Skorrett.state/l that there were grave ;• • reasons to - suspcct. that .'the..prisoners had m- >. advertently pleaded guilty : to-a charge which ; / was doubtfully .presented against them. An v ~,- , affidav].t now,hled by them Btated that Wright a .v;,. meuiager of ;a iarm;atißAetihi,- belonging was a • faria labourer in the same . The . pro-, »;;;■ <A '• perty .was largely -bush,and immediately sur- / Toundingi it wore ,-soveral . -thousands of acros ? of donso buSb. The .. neighbouring ■ property, v3^;i;/}bolbnging ; was i:.:Unfenced;,:and there:wero'only a' few "holding^ 1 paddocks fenced on Cresswell's property. ' The bush which divided the properties was a mile si r,,;in '.width, .and the sections, by road, were V; ; twenty irmilesapart;Wi id cattlo : ■. .'constantly ;,' ':cam_e to, j 'the 'edgo ot'-.the blish ,and'enticsd the '■ . etatioii '■ Rattle; away. •It . was customary,to. £«^5; shootjthe';wild cattle-'at^^every; opportunity, ;begji;j: cause, they; a^soUrc^':of: 1 great f.troublej to; ; S;Sv.'S"'s - years,^-..Wnglit'bad'been' ; : manager, of the farm, and,' ■ during, that; time, ; i:, • bo. had lived almost.-.entirely :oh the -meat of v.'.:,wild cattle.::,Ho .received no bonus, for shooting • the ammal3, but, did' so -amply for the sake of the tamo herd. . In September he shot ;ii-;j.- r a ; steer ''and.-, a heiter, • believing them •to be I ' Wild for food. It . :-was vadmitted that- in ;ordor,,to observe mi(rks I or Dninda ofi those .animals-, it was .necessary I to shavo-tho skin. ,Tho presence of earmarks l, .- : uid -not necessarily - mean that, tho i f .. beasts were tamo, because - cattlo often ►.iv;,':--.escaped;,!, to, the bush.,. Tho .' prisoners -were I .arrested, .and rbro'ught; before . a bench 'of Jus-1 '&'sSi-^^,;."' : '-E woro unrepresented, conclusion:; :ithey. said - thut. they,:-w6uld;Vplead yniiiy' to' shooti'iig- th'Q 'they-had:iiot,known,'that.they we're , not .Yfild. Iho , chairman - said-, that ■ this i amounted to a plea of not guilty They al i .^.He;;wvised r thom;,to' ,plead guilty,' .J-'-v'saying'that -'chey; would 4 'be more"leniently dealt Ac^jting^thig j pleaded J ttiat" .i-pleo..botilcl .ino'tc , W \withdrawn. . The c<isG/ ' counsel - 1 was an,esample of ,'"bush justice"; the charge i -.- ..'had been unduly,hurried. - There was no mercenary 'motive in regard to their action, and . -their good character:would .bo testified to by a number.; of gentlemen, including the Mayor of iWanganui , Mr. 1 Myers said that ho wr-a unable to an- . . - -Bwor; tho allegations-now made by tho prison- ;,, ®rs. If it were correct that they had been sub- , jected'!to, pressure regarding their plea of - ; guilty, the - matter.: should 'bo. referred to the Jußuco of the Peace,who heard the case iv, ,r.;: -His-.Honour said, that it was an important matter,because if -the- prisoners' ■ stawnients | - Were, correct, tho, Justices hud ' mistaken their i Such things had occurred,• at anyrate. t: v suggestions had . occasionally been made that . .' .■ men. who . might have had a chance of .'defend- ■; ; mg themselves had been "nursed" into another position before they, realised it. If the state- - . ments set out in ,the prisoners' affidavit re-;i„.-.L-v-;] I niaiMd .nnmialified, tho Justices had not ap- ;: ..... preciated .their, duty, and m;,that case his Hon-our,-would consider whether .he should not >-, ', :»ake soma representation to the Government ,ns to tho existing legislation. vs..* w /fPor:>,a long time," the Judge added, "I -. . navo^ been of opinion that, although this, sys-tem-of .committing prisoners for sentence may bo a.good one—and -I. do -not'doubt that for a < vinonsHTCTra Judge - ought to. have some power,- - in peculiar circumstances, instead 'of sentencing, to commit for'trial himself, in order that 1T ' i i ?' investigation, might be mado. I harve .- ..had cases before mo m which I havo held tho v. •' .! ;;, opmion.' that .there ought- to bo such a power, ; . and .this may be another such case." ' .Itvwas-.agreed that the Justices of the Peace Bhcmld., attend on Wednesday next tand give ' ■ : >; ' Ovidance.. . Prisoners .were allowed bail in tneii / own recognisances. j > i TOO ILLITERATE TO s , Ann Smith, who-appeared in the-dock y child m ■ her anus, was charged with having mado a false. declaration at. Taihape, in connection with tho bnth of-her child. Mr. (for prisoner) stated that she was 611 Jgnorant.. wpipan, .who could neither read ~. nor^. write. When she wont- to register- the -...: turth.oi lier ,sbo hadno.idea what qnesboil3 , would be asked,'and -v/hen 'sho was reqmred to give, particulars of her' marnage, .:> Bho was finrried, and gafo an incorrect answer. She was a poor woman, with two young chili fA drosL. ( ~^ r * Myers (Crown Prosecutor) said ,tbit there were no previous convictions. Tbe pri- :> J --' . Goner had left her husband twelve months ago, • - ,- wid ,there . Eeomed to. bo. no .reason .; to' dis- ; ? cxsdit, uQXst&teiQsnt ■ • that * "the • ■ponmatted unwittingly. 1 tts Honour remarked' that the law had been broken many tunes in this 1 way> for the solo " .Purpose of ..covering up, crime, but l( under the " present . Circumstances,-- the ■ would -- : Taerely;be. convicted-, and - ordered to - come up tfor,sentence when caUed upon I MISCHIEF AT ISLAND BAY. ' ' - ■ ~,.? aro Pearce,'..,William, f Devoreaux, Jaraeai «lis, r Coulson, vftDd : AlhorV Stockbndge, ' whe had pleaded guilty in*the'Magistrate's Court ,**; fit -Wellington to twelve separate charges ot -. • brMiDLg and entering: ana ■ .theft, receiving ■.stolai .goods, iand.:mischief, were represented i ; *7' : Kirkcaldie... A -Counsel remarked that '■ s ' 1 > the'-only.' one who had - beon before y n?° Their ages were kotween 18 and • : -20 years. ( Pearce,; Devereatix, and Coalson had whare at Island Bay, where Stock-' •t - v them,L,occaßionally^A.-In - a spirit v ~ of .imschief, ,they. brokoji into : another, whare and appropriated certain articles, and, hnd- ; 'ing .it> ; easy,. to do /"wrong, they drifted into jaore crimes. Mr. Myers said that the police were'not ■able to sp6ak >vell of any of tho lads. They not given any assistance m the recovery stolen articles. 'They had been guilty , or the'grossest forms of mischief, and had ap. >r T P^entiy (l used an Indian club to break every- } thing "whare t is a case of systematic raiding," said -£ :3 "It bos got past the charactons- : ~,..; w cs,of„.,nioie boyish.-follythere, appears: to be an element of gain in it. 'Articles of. ntility : jewellery' have,; ! beih2 stolen', and, : iif -you - had given all possible information to the ..police in .their..inquiries,, it woujd haTe been much better for jou. As it is, you have left no other course open to me but that I should send you to prison." i , . The i sentences were:—Pearce, three months' - taprtsonment oueaoh charge; Deveroux, Colli- ; • son, and., Stockbridge, one month's imprison■!i ~ . mont oa each charge; -all sentences to be con-

. DIVORCE PETITIONS. - • _ Mr._Ju3ticD Edwards heard a number of un oefended' divorca. suits.' : 1 ;1 ; -. ■ '• ' ; ■ of Leonard ,Sowinan. versus •."• Catherine. Sowman, • formerly Morgan, a peti- • •: :. tion for dissolution'of marriage, JAr.■ Wilt'ord appeared'for the petitioner. Petitioner said ,that he vsas„ a tobacconist, .and was married ' on October 15, 1901. ~There were two children; respondent and -the co-respondent, i\or- ' . man Harvey, went^way: to Australia together, -i'iS 1 "-':'they;.now..resided;:ih .Wellington. Samuel ' ■- i? rc ®> < Private .:detective,.; reported, • inter' alia, 'h a ' he . had seen; the respondent .and tha co- ,. respondnt' go to- the Opera House together to S?: '■>■ kfP'ay; decrco nisi was granted, to be'/mad® -v- absolute iin : three..months.' '-' : v . ■■ ■ . Edwin, Hubbard, ; who ■ applied .for the dissolution of his warriago with Eliza Hubbard, 'stated that-ho was a bootmaker. •' He was married to the respondent,; then: Eliza Smith,' - on Pcbruarv 15, 1891, in Leicestershire, They ■.«v v ihad three ichildren, and before he left England •• bis wife admitted misconduct. His mother and brother-in-law had jnpported the children : since lie camo.out, .to JIW Zealand. - Elsie Hubbard, 18-year-old daughter of petitioner, told of mother s .whereabouts' two years '&HHago.. -' Tho , case was adjourned that further ; proof of service might be obtained. Mr. Wil- '" - lord appeared on behalf of the'petitioner.: ■ An application for divorce was made by Al- ■; ,' bert 'Arthur -.Harris,', cordial: manufacturer. • He ,; . ,stated that he married Hilda Eobin on No- , wreiriber} 5, *:i9o3,?at.;Wellinßton,: One child of the marriage was now alive. In 1906, his . wife'went-to-Sydney, and he followed her.a ;Vwcefclnter."' .:,She, refused: to ''come back, and again, last Easter,, she'declined to return with r-'zhim, from Sydney,: saying ; that she ; intended ■".••■■ to marry again.. She had been guilty of misconduct with a man named Thomas Gault. A decree nisi was granted. • • ••• • Mr. /Wllford appeared for . the : i ".' ! Helena: Elizaboth; M'Giimity made applica- :' r tion for dissolution of ■•-.her.;marriage with Ernest Henry M'Uinnity,. hoilerraalcer, on ~ tho grounds of drunkenness and cruelty. ■ -Mr. ..; • ; Wilford appeared .for -the . petitioner, who ; . stated that the -marriage .took place on October 3, 1902, at Wellington. Her husband was'a confirmed drunkard, j and he had .treated her cruelly. . Philliu. ■ iaibflr- .-pt" tha

respondent, and Violet Barnes, sister, supplemented .this- evidence, and a decree nisi was granted, to be made absolute m three months, An order was issued giving.tho children into petitioner's custody. > : In; the undefended action, Nora Benton v. Robert Richard Kenton, Mr. Hindmarsh appeared for the, petitioner, and Mr. Myers for the Attorney-General, who had boen appointed guardiiui. Petitioner Btated. that,the marriage had taken place on May 30, 1892. Dr. Gray Hassell, medical superintendent of the Ponrua Asylum,. Btated that the respondent had been twice committed ,to - the' mental hospital, and there- was little .likelihood of 1 his recovery. A decreo nisi was granted, to be made absolute in three months. Charles William Jordan,"who represented by,: Mr. Neave, asked for the dissolution of i >his marriage* with'Rosma Jordan, nee Smith, i He stated that tho marriago took place at I Pahiatua on October 16, lf>93, and there were no children. His wife had misconducted her-1 self.--with one Harry Novis. His Honour granted a ■ decree nisi, to be mado absolute in three months, and costs wore allowed against thrco-respondent. When applying for a divorce, James Callan. who was represented by Mr. OHegan, stated that he wasi a .seaman,- and his marriage with the respondent, Alice Callan, then Sheriff, had taken place .at-Port Chalmers on February $, 1892. 1 Subsequently, the : respondent had been guilty of misconduct with Walter Henry Norris. A- decree nisi' was granted, ■ with costs against the ; co-respondent ; and the Court made an order that the . petitioner, should ; have- the custody of' his two sons. . _ -- -. Mr. W'llford, for the-petitioner. in the case of Janet Donovan v. Timothy Donovan, moved i'or a decree*, absolute, with .custody of the children. ! The' application, was granted. ~ i, CIVIL SITTINGS. I Mr. Justice Edwards heard a case on appeal from the decision, of, Mr. W. G. Riddell; S.M., the Magistrate having , made an, order .that; the. appellant, Alexander King, should pay 10s. per week' towards the support of: his child. Mr. .Neave. appeared'.for the appellant, and > Mr. Petheriek for :.the ; respondent, -Fanny.- r King.After .argument, the/case; was referred back to tbo Magistrate. ' _ . ]n the caso of Holmwood VI Reid. applies tion waii made for judgment, pursuant to leave reserved! when' the action was- heard in Sep-tember,-lasting four days.\>Mr. .Justice Chap- , man lizard the application, and Mr. Skorrett, .K'.C:, with:-,him Mr.'Ostler, appeared for plain--tiff, Mi'.-'ilievi for , defendant.; The. action had; buerv brought by I. plaintiff for alleged' breach,, of"contract, to 'purchase lands, ajid tbo defence was that 'misrepresentation - had been A. number of issues had pcen put to riho';iiiryi:Vwhofound, foi\,:the, plaintiff; onfall lint one. Defe'ndant 'conterided, that,.the . judg- . ni'eht'.-in ihis. ifayour' oiiv that issue a. complete defence,'and-he now moved for | judgment.. Decision was reserved:Another caso heard by Mr. Justice Chapman I w'as that between Wiki Tahua and.,l'ito Tahua, I Aboriginal Nativesi of Ha.wera (plaintiffs),; and [ the Johnsonville Town Board and the 'Public | Trustee.(defendants). ' Mr. ■Bunny';appeared;.,for , plaintiffs; and .Mr. Petherick; for defendants; . [Application was mado by plaintiffs for a declaratory. order,' determining (1) .whether', (the i Johnsonville Town Board had complied . with i an award of the Native Land Court by payi ing to 'the Public-Trustee."£looo, and issuing to /'that . official' debentures .for the sum' of £3000, payable witliin ten years from'tho'date iof issue; (2) whether the Native • Land Court had, jurisdiction .to make,'an, order -directing the. Trustee .to pay to .plaintiff b ;the amount duo to them under the award; and (3) whether : the Publio, Trustee, upon the',presentation of- such an order, was bound to pay to plaintiffs . the amount .directed to be paid, i Judgment, was reserved. ; ,