SUPREME COURT.

Dominion, Volume 3, Issue 732, 3 February 1910, Page 9

SUPREME COURT.

■■^effects : ;PF:;banefuL books, .> ";:[im OTHER "CASES.-. '/• v'';''' .''■''■'■The:first Sessions;' of. .the Supreme, [Court this'year opened yestcr-; (iay,'..be{orr'Mr. Justice' Chapman. 'Eight cases.-'ivere set■ down for trial, ,;■, ',■',-. :■ '■ :;•' • ■:' ;THE; ; GEJVND,' JUEY.\. - :-\ ■•;;:.! •-.'•Tho''-''Qrand-'Jury-',\v«s';>'cpiisHtatedV-'.''as-follows—James' W. Henderson (foreman). '.Winifred:'■■. Becre,'William Heiiry Kolly; Janies SamuelJameson; Charles 'Pearce, Talbot: Leonard A-ustin.iWillia'ui :■; James Montgomery ,■ : . Charles V Augustus Eichard-: sou, WEobert-'.Henry; Hunter,.: William: Alfred : . Palmer, Thomas: Bush, , Edward Bolton,:—.:Br'istow,. .George Henry Jackson,: Henry. .Clc'nientsoii,' v Algar, Temple' ■Williams, Henry' Levy, Herbert ,A 1 fen. Kii-kcaldieii David AVilliamson, ,' Diivid. Earle'-JI/Kenzie," Alexander ; Ballingail;' Henry: Vincent; Brewer, 'Edward. James Barneltj and John Fortescue. Mills'., ::

TRUE BILLS IN ALL CASES. '< Triie Bills 'were returned in - all eases. •Th'o cases, .were:—Cecil Meyrick,' a serious ; bffehce,:; : at;.Welliiigton; James Diggs,,assaiilt "and-.robbeo'i- at: Wellington i Joseph ■Williams, attempted.murdeiva.t;Welling-; ton; William M'Mahon, oriminal assault, ;at ' Wellington;. John -. Henry Ireson, ■.breaking'and entering.and .theft, at Greytown; Henry Stephen. Coburn; .distribut;ingimproper printed ;• matter' for. public sale,; at Wellington; Joseph "Erain," three; serious .offences; at Wellington; and Eberhardt. Ferdinand Eenjier, arssn, at Wellington.' V--''■>'•

HIS HONOUR'S CHARGE. V>HisvHph'ouri : ';-iri'.'i;chargingVtho''. Grand Jurj'j . stated the " cases' were . neither numerous nor complicated;TMcp. were cases of abnormally constituted persons . interfering, '. with v young ; people..;'.; In j another ; case, Jof ja' class happily rare,' a' imanwas . charged; with . unlawfully an apparently ';;respectable,; manwas stated, to. have pursued and deliberately shot i ' the-younger; man.; Sentimental .considerations; must. be. left out of accomit by ;the' jury,. >'.wh6-'had simply to consider .w : hcthei%''the""',accused;shot .at; the. other man; and caused; hini.; iiijury. ; How tho' matterr.might- eventuate 'when.;it -came to;/trial.; was i not/; tho 'concern. .of.. tlio Grand Jury.' A case,of some;importance ; was, ithat; in' : which; a'; man; was charged with haying'wilfully set fire to; his house. There was some /evidence thafc' .thc honsq' was .fully • iinsizred,' jif« not,' over-insured.. The"'only' othte' case; was /ono',.of considerable 1 public .importance.:-" A;.man', was charged: ;with' V distribriting '• an'| -publication. ■ ~What ;.was alleged j,to - have been; distributed was a', public newspaper —not printed for any particular class like .a medical magazine, for instance, but a pap'er whioh 'anyone i might, buy inthe rtreets; ; -;What;'', the .Crown; relied upon was" that, it' was .wholly .unnecessary- to; publish .-the: 'matters; set .'out in"; the ■ ar-'; tide. They were reminisconces of indecent,' improper, and '.''.immoral acts committod' long lago'.'. 'Ohe .'of .the : para-; graphs; related : back;.to: iiii, incident whichoccurred more than 40 years ago."'; The jury had to determine whether.this was the ;Tight,; andjpropor .thing ~to .-publish in a.. newspaper;; having.' a/igehpral; circulatiou. . If .it was. not,' tho jury hadto; .go a': step/farther'' and- dotermine-whether,. it was so indecent' as that it was an .'illegal.' ;act, within;' the'' .meaning : of':^the law, to publish it. ; ; .-/He,;(his Honour). would : ; ast the ' style: in -■which Jf ho;- article'; was' writ-, ,ten,'..to' the matter 'to./which;;it/referred,' and ;to the needs ofi'tlie' caso, 1 . " \ . THE ARMED BOY BURGLARS fe'iThe .hvo ''boySTiMauricVr,Edward,;Pdintou and Joseph Haughey, who were: arrested- at .. Happy ' by '- Detective; .Cissells/;! ' and.V .ConstablePearce,: .and pleaded: 'in/, the 1 ; Magistrates Court charges/.of. :br,Caking jiihd;: e'ri-; tcring.-, and i, theft/.in./.Wbllihgtonji'?. wore; .brought'jiip; for sentence. ;.;, . .. / ./'■Mr.';- Wilfotd,who'.-appeared-, ifor... the. lads,, said that; tho ."'offences / were ,com- , mitted .either;'. of;, theboys' 'had ■reached jthe age ''6f : sixteehr-year's.;'-.There had' been 'instdnces ,in; .the. Court previously of tho pernicious 'influence; of the , "penny,; dreadful" • upon youthful minds, and,/suspecting' something /of 'that nature in. the present lie had'requested the parents of tho lads.to make /diligent' search' for books or literaturewhich might supply the reason; for their committing: these 1 burglaries." ' Tho . mother. :of ■ the "lad .Pointon; had : found 'under' the lad!s ;. bed ...a ,;-twopenny./bookletl/tentitied "Fresh and the .Card /Sharpers."... (Mr. Wilford'proceeded -to read extracts: there.from.);.■■ ' .

Io .read some ;.of ./the;'passages of ..-the 'book,-./he - said,'/.was; almost - to/:givo tho of these .boys'; offence's; , The book which, had been;; handed'.* to- him . men.tioiied,/ in^a ; flippant ; way,, that'/the'result of ivrqn'g-doings described .be, -■''con'Anement'/in the .-'stone " jug';* for a good longjterrn'of- years." At the end■ of the. there .was ah..invitation/to reiid .Buch .other books , as, -'lCent;-; Kirby, the lligh Kicker, from Killbuc'c, or the 'Roster .of/Rogue.; River /.Ranch" ;; "Dainty ',Lance, ; the/ Boy ~bport;f or,; the Bank -Breakers' ..Decoy;, DUoks? ;'-an'd ,!,T3agle 'Ned; 'the Bov ° a^ la i T - ' i? r m? 0 of tEag-. . ged. Robin..... The books '.belonged:-.to..the: .Aldino _0 er.'Land and; Soa""and-:MFirst--.B^/f. F 9vHet .-Libraries, ".'-at 10 ;Hed._ Lion. Court,.-Fleet 1 ; Street;. London. .As; stories'-"'wore rw i° ' j- ' l»ys before ; the P® u T:t.'! a d' provided"themselves' with revolvers. They had stored their stolen' whare ; - at : Hannv Valley, over .towards: Terawhiti,, glorvini K , Bll V lu !i <^ " ; escapadl added- to //their . conooit in' their' 'own ; ckverness-and. skiUcarrying; out.'acts ;° Vr -. ' being' caught/ /Mr. ..Myers (for. the 'Crown)/said "that: had previously broken and enter--1?-Prcnuses-- at . Napier,'-and; stolen-goo'ds. . f ° r /i t . his ;; l!l i : : l,a i/"ceived; eight'-'strokes ?ji - 11 ' 1 c ' 1 v; : : Novembisr,' 1904. be h ? d . -ttlf? . b=en , chargedwith the - theft of, ten; bottles'.of ink, /and had -bsen con;vicrecl nn(U; discharged.' -v . ;.: ' " His.Honour remarked, that ■ :nui)iber, of' boys who had committed' mischievoui . thefts; at.-Island/ Bay hrd been sentenced; by /him/,'These' lads 7 should have/ heard .of - the. cases, ,and 1 takdn / a lesson; ;l . '•

At the.'request'"of- Mr. . Wiiford,.' the' ■fathers of the two, lads-were "called to give evidence.. ' : ■ Edward I'ointon,' butcher, .. statsd that us T S,on- was ;only-.12. years'of .age 1 when he;-had.. bien;-.before the/,Napier- Court. During the: prist;, two 'years his conduct' had been good,- and .ho .was not allowed out_at night.When.he:left : home, earlv in JaMary,. witaess; did/not/know;'wliei4 ho;.had gone/r. Fearing' that, he-,would go' to Sydney, Mrs./.Pointon/ instructed tho •Uiuon Company/ not; to/ issueCa/steamer ticket .to-'him, . Later ,on- : they/believed ,at honie that he had obtained work at Palmrrston. ;. , •. ,

ha 1 1W ! "n leJ • 5 a H : tint -P°>nton . '-^ 1S em P'oy. f°r ,two years, r-V,.i b ?4-- Siven. •every: satisfaction. ' .Charles .Haughey, nlnsterer, gave evidence that his son. would not bo 15 years -of. age. until /May /U, next. -, /He had been only . nine years of ag>e when the other trouble occurred. • e / His Honour deferred ' sentence. *• ;

' ;yPtEA OP "DRUNKEN'FANCY.-''''. ' Edwin.Fqujcls was brought up.for sentence on two charges of breaking and entering.and theft.;-Ho had pleaded guilty in the Magistrate's Court at Wellington • ..Accuscd, addressingthe Court,' pleaded Uiat he had wlien lie committed the theft nt Paeknicariki,- and he had •broken , into the promises, of the Cleaning Companyy. -to -'get a little of his own back/: he ; said.. . / . ;Mr. Myers read :a long list of previous convictions. ■■ The Judge, in sentencing the prisoner to tw«lre;'-months . imprisonment", on . each charge (the to be concurrent); said that he could not believe that the burglaries, had, been; committed as the result of, drunken fancy.' There Ms clear evidence of criminal intent. . | ; TO AVENGE HIMSELF. . Senate Downes, alias Pine Amene, u Maori, who had pleaded' guilty at Hastings to a charge of breaking, and entering and theft, handed his Honour a written statement. ■ '/■ ; ' : ' Mr. Myers said .that-* the : prisoner was one of those who would not work; There was a'series of convictions' against him

in diltcront paTts of the North Island. :The goods Which he now admitted having stolen ivero valued at «£31,-. and included a rug, a suit, earrings, a revolver, boots, and a number of : other articles.

' "Your petition," said■ his' Honour, "does not agree with tho facts. You say that you only took these things to ,avenge yourself on Iho inan by whom you were employed,' because ho had told people that' you had been previously sentenced.; The facts appear ;to be that you made h raid, and took everything you could lay your hands on. I can only regard .it as an ordinary ease, and look into your past career. I think it necessary to sentence you to eighteen , months' 'imprisonment; with hard labour!"

..-. EASILY INFLUENCED. . James Smith, a youth who had pleaded guilty, to charges of. theft, and forgery and uttering at Pahiatiia, was represented by Mr. K. Buddie. . Mr. Buddie'read letters from settlers and' others for Whom the prisoner,had worked, all of wlioni spoke in high : terms of his character and ahility. "A Presbyterian minister wrote that tho lad was of' rather .wcak'.intellect, and. was easily influenced by others. Tho lad's father wrote intimating that lie ; was prepared ;to take ;his son back to his!- farm ;at Nireaha, and would watch him carefully. Counsel urged that probation Should bo granted, i \ His/Honour intimated that he would rely upon tho statement of the boy's fathor that ho would keep his - son on the farm..'lf at any time the police comtdained ' of his' conduct, and showed his Honour that they were justified in bringing him before tho Court again, he would certainly .be sentenced. . ROBBING A FRIEND. ' . Mr; Webb, appeared for William Barry who; had pleaded guilty at Pictori to a charge of,theft from the person—a friend. A sentence .of six months' hard; labour was imposed. '. ; .', ;.'

~V CHEQUES EASILY CASHED. '. Arthur Manning, alias Archibald Clyde M'Donald, whose, threo offences of forgery and uttcring'.had/.been cornmitted. at Hastings and /Wellington, tendered his, Honour-a . written explanation of, his acts. : /'■•' ■ j.Mr. Myers; said that/prisoner had 'arrived two years ago. from South Africa, and ;ho' was/believed fa) havo\been at one .time ; a-member of' the police force in. West Australia. - He had.: been found guilty previously of /offences committed in; Fcildiug,Wellington', and,/ Christ-, church. The sum of ,Sll 75.; 4d. had been found in., prisonerfs. possession when he was arrested. . . A sentence of twelve months'-imprison-ment ■on each charge (the terms to bo concurrent) was:imposed.;' -The sum found in prisoner's possession, less 7s. (which .lie; asked/to;be'restored.'to him), would b9 ordered to bo returned to those who had been defrauded. ,; . '•/■ ;-■

MONEY FOUND ON -TABLE. : /Harry Rowles,.';a. young,man who had: pleaded guilty, when charged /at - Havclock,: -with' breaking " and':' entering .'and theft,-'stated that ho found money'lying on ia ,tablo; in- his employer's house,, when; overybody/. was;, out. • He put the- notes in' his . pocket,' and : came;.to' town,, but. ; did ';not':Spend;/the money-:;;'At -the expiration ;of his sentence, he intended to :communicate with his people, and .leave; tho country. .. .' ,:■■■'."■ ; Jfr. Myers' siiid that, tho .' prisoner. had' been;: convicted .twice' previously., / The sentence..was; 12 months hard la-/' ■bour.'":.;;'';;;/'.'''"/.'.; ; ,; TnurT AT WAIROA. , ; .i Frederick.' Williamwßobinson . was sentenced ;to 12/'mpnths J ■ imrnfis6nment,',. with hard'' labour, for/t'heft'at Wairoa.'-, The--Crown/Prosecutor; said' that- the prisoner,' who. was; a' cook, had como from South, Africa in 1301. Some money had been / found 'on ;; him, ;, .which : .was' apparently tho' direct'' result of his crimo. .; HiS.VHoiiour made an .order for the restitution of. the money., .

'v: ■-.SERIOUS CASE.' : "'h ■ Cecil Meyrick, a young ; man, '■ pleaded not guilty'to a serious chargo. ' Mr. Myers (Crown Prosecutor) conducted the ease for. tho Crown,' and Mr. Wilford defended,- ,• After two 'and a ;half /.hours' 'delibera-, tioh'. tho jury;brought in a verdict, at 8.10. p.m. j that the accused was a lunatic at the time-he committed the.crime, and that they., acquitted him' on: that ground.. ; His: : Honour.. deferred. dealing further with .the acoused' until this morning, but intimated that there was only one course for him to-follow,i as provided by the Statute—to' keep/accusal- in;■ strict custody until.'the. pleasure of the . Minister for Internal. Affairs ' was known;,. to-day's cases;' ; ■ The charges-.agairistr Joseph Brain" and ■\Villiam M'Mahon will; occupy the attention ;of theV Court to-day.. •■ ■. •