LAW REPORTS.

Dominion, Volume 3, Issue 877, 25 July 1910, Page 9

LAW REPORTS.

■ 4 PENCHANTS FOR GOING ARMEDPARAPARUMU CASE. HIS HONOUR'S WARNING WORDS. Among tho prisoners sentenced by the Chief Justice (Sir Robert Stout) iu tho Supremo Court on Saturday were two l'etono youths, Charles King and Frank Deans, who had pleaded guilty before Mr. Riddell, S.M., to assault with intent to rob n Chinaman »t Parapnraumu.

Deans, who is under 10 years of age, had a previous conviction against him, and according to tho statement made in Court on Saturday by the Hon. T. AV. Hislop, who appeared for both boys, he was afraid of being brought before tho Bench ugain in connection with a stonsthrov/ing aifair which occurred recently at Petoiie. Under the influence of this fear, he resolved with King, whose father was in u good position at Pctonc, thai they would go up country together. King had beon anxious to accept an offer to go to his uncle, Mr. M'Gavin, a farmer, at Porirun, but his parents had refused thoir consent. The two boys had 110 very definite plans, when they set off into the country, but they meant to get some honest work to do, and in the meantime tliey thought -they might keep themselves in food by shooting rabbits. it was for I his purpose, counsel suggested, that they provided themselves with revolvers, of a not very formidable character. They went through Johnsonville nnd Porirua to Paraparaumu, and by tlmt time they hud spent tho little money they took with tliem, and had been without food for 23 hours. It was with no clear idea, bey-aid getting food, that they went to the door nf Yong ICing, a Chinese market gardener, at Paraparaiiuiu. They had their revolvers in their hands, and tho Chimuiian got escitcd and ran away. The boys were probably more excited than he, for they also ran away, and King. fired his revolver, but he said that he fired it over the Chinaman's haul, and merely for the purpose of stopping him. The teacher at the school which King had attended and the manager of the Meat Hxporc Company, where ho was working, could speak of his previous _ good behaviour, and as also would his relative, Mr. M'Gavin, who was still willing to take him and employ him at his farm. Ilis Honour: Is there any plnco in the country where you could send Deans? Mr. Hislop: No. But, after this lesson, he -will probably behave well. His mother is a most respectable woman, and his father is returning home as soon as liis work permits. The. Chief Justice said he was afraid this incident was an aftermath of certain recent occurrences, showing, that there was a feeling that it was not a very serious thing to go about with a rovolver. He, however, looked upon such a practice as a very serious thing, and' if the two lads before, him had been older they would have been sent to prison. • He would have to be lenient because of their age.' One of them, however, was too old to be sent to an industrial school, and he would not send one there and not tho other.. He would, therefore, give them what was equivalent to probation. They would bo released and ordered to coino up for sentence when called upon, but for the first six months neither' of them must be seen out of doors after six o'clock at night. They must report themselves monthly for one year to the probation officer with certificates as to their behaviour from their employers. If they broke through thoeo rules they would be liable to be imprisoned for the offence with which they now stood charged, "You must not think of going on in the way you have been going," added bis Honour, "or It will end with a long term of imprisonment."

.. FORGERY AND OTTERING. George "William M'.Donald, of Wellington, when asked if lie had anything to say Vriiy sentence should not be passed upon him for forgery, uttering, and ob* taining a cheque by false pretences at Palmerston North, said that the chequo ♦vas given to him, and he was told that ho had to write the name on the back in order to get it cashed. His Honour: But you knew it was not a genuine cheque? Prisoner said he wanted tho money badly, as ho was going away to work. He was a married man, with a wifo and two children, I-Jis Honour: You. hare been found guilty in the Magistrate's Court on ton occasions. I don't know that you should not be sent to a reformatory prison with, an indeterminate sentence. That is what will happen if you come here again. Tlio fact that you are a married man makes your offence all the worse, because you were bringing your wife and children into trouble as well as yourself. You will bo sentenced to nine months' imprisonment with hard labour.

OTAKI CONVENT HOBBEKW With the object of hearing evidence aft to character, his Honour postponed until next Friday the sentencing of August Rewi Wallace, for theft from a convent at Otaki. Mr. I). J. Fitzgibbon, for the prisoner, said lie was a lirst offender and barely 21 years of age. After his^ arrest lie had given the nolice every assistance to recover the stolen property, and full restitution had been made.

OFFENCE AT MARTON. : Kenneth M'Gregor, a young lad who had pleaded guilty to a chaise of criminal assault at Marton, was also remanded until next Friday. -Mr. T. S. Weston appeared for the prisoner. Mr. S. H. Ostler appeared fo» tlio Crown in all tho above eases.

IN BANCO.

POWERS OF A DRAINAGE BOARD." TAKING LAND FOR WORKS: Mr. Justice Cooper, pitting in Banco on Saturday morning, dealt with a dispute between the Makerua Estate Company and the Mawerua Drainage Board. The dispute had arisen in oonscquenoo of the board having_ taken preliminary steps towards acquiring a triangular piece of land about two and a half acres in extent, belonging to the company with the object of making a drain on it. The company moved for au injunction to prevent tho board proceeding with the acquisition of the land, tho contention of tho company being that the board could only act under Section 21 of the Land Drainage Act, which provides that, before constructing a drain on private property, one m'onth's notice in writing must be given to the owner. The section provides also fot arbitration on any objection raised by tho owner. Tho board, on the other hand, claiincd to act. under Section 17 of the Land Drainage Act, which provides thai a board may acquire such land as, in its opinion, is required for purposes named in the Act. The land would then bo private property no longer. The board would be constructing the drain on its own property, and Section 21 would not apply. His Honour adopted the view taken by the board, 'and dismissed tho motion, with 10 guineas costs. Ho mentioned that if the company had any sound objection, other remedies were open. They ould claim coiniwusation, they could memorialise the Governor not to issue the requisite proclamation, or they could go to the Court of Appcai. Mr. C. 11. Izard appeared for the plaintiff company, and Mr. M. Myers for the defendant board.

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.; CASE OF DOMINICA MOISER. SEQUEL TO A Fllffi. At tho Magistrate's Court on Saturdaj, Vnlctino Moiser, a middle-aged woman, aiHit'ari'd on remand charged with wilfully ill-treating a child in her custody, named Dominica Atoiser, aged four years arid ton months. Mr. A. L. Jlerdman appeared for accused. Owinb' to the "fact that one of the witnesses wss leavinir the city, it was

decided that liis evidenco should be taken, and further hearing adjourned. Henry Joseph Carroll, labourer, stated that, while ho was walking along Tory Street about 3 p.m. on July 38, a little girl informed him that there was a fire in Charlton Avenue. On arriving at the placo indicated ho saw smoke issuing from a house, No. 10. He forccd an entrance through the front door with an axe which he procured from a Mrs. C'oolc and searched about for a child which lib was informed had been left at home. On entering the front room, which was full of smoke, he found the child on tlio bed, which was ablaze. Witness brought the child out, end although his eyes were affected by the smoke, ho readily noticed that the child was in a filthy condition, and hat} round it only a piece of rag liko a short under-garment. The child had the appearance of having been starved, and he had never seen a child in such a condition before. Accused was remanded till Wednesday next. Bail was allowed in the sum of £'30, and one surety of a like amount. OTHER CASES. Owing to the evidenco being inconclusive, the information against Alfred Cross, alias Itrause, of tho alleged theft of a silver chain, and a rolled gold chain, valued at £2, tho property of Robert James Tutteet, was dismissed.

Annie Cain, with a list of thirty-three previous convictions, was adjudged to be an incorrigible rogue, and was sentenced to twelve months' imprisonment.

Mary M'Kegney was fined 10s., with ihc option of 21 hours' imprisonment, for drunkenness. This was accused's seventieth conviction. In another case of insobriety, accused was ordered to pay 10s. Cd., medical expenses, in default -18 hours. Three first offenders forfeited their bail of 10s., four were fined ss. with tho alternative of 24-hours' imprisonment, and a female inebriate was convicted and discharged.