LAW REPORTS.

Dominion, Volume 4, Issue 978, 19 November 1910, Page 14

LAW REPORTS.

12. f.M. IN A BOARDINCHOUSE. "DON'T MURDER A MAN."Ono of those, grey cases, which some-'-times happen in boardinghouses, was tried iu tho Supremo Court yesterday. When-' tho jury brought in a verdict 'of guilty,.the Chief Jnstico said: "Such 'cases as this -make' onb almost despair of dealing .with criminals. You are remanded . until Monday. I .don't know 'what to do with you." On tho charge.in question four men —James Vincent . Crimmins, Charles 'Cunningham, Charles. Reston, and John Lewis, were placed.in. the dock. -The chargo was one of breaking and entering on tho night of October 3 the dwelling of Mary Spencer in Cambridge Terrace, and stealing a quantity of goods and jewellery, valued at £17 4s. 6d., the property of Thomas Davidson, a pair of. boots belonging to Alexander Hall, and 6s. 6d. in cash belonging to Peter Wilson. There was an added count of assault. Mr. G.' H. Fell defended. Mr. Neavo prosecuted for tho Crown. Mary Spencer, called for the Crown, stated that about midnight, on tho date in question, she was awakened by one of her boarders, and, going down to the dining-room, found '.hut a man named Peter Wilson, who had been sleeping there on a sofa; had been severely assaulted. Peter Wilson, deposed that ho sh>pt on a sofa at Mrs. Spencer's house for a part of the night of Uctober J. He was awakened .by blows. Apparently two men. were engaged, one hitting him, and one holding him down. • "What did you say?" asked Mr. iNeave. "I think I. said, 'Don't murder a man; I've got 6s. 6d... Here.it is.'"' Do. you think that was . what they wanted?—" They took it." Continuing, witness . said: he was dazed by tho blows', and in the darkness saw.nothing'of his assailants. "_lrederick Manning, a boarder at Mrs. Spencer's house, stated that on the night of October 3 he heard m< : u walking''about in.-the dining-room. On going to investigate, . he found the room dimly lighted. Men, whom he afterwards- identified as Crimmins and Lewis, were standing over Wilson, who was lying on tho sofa. Two other men;were close by. One of them witness afterwards recognised as Cunningham.. On going into tho kitchen he found that a* window had been opened, and also the. back door, which 'was wide .open.- Tho men obtained some beer from another boarder named Williamson, 3nd soon afterwards wore inducedtq leave the house. When, they had gone, it--was- found' that Wilson had been assaulted. ■ Mr. Fell, presenting the case for' the defence, said-that the four- men in the dock had gone to Mary Spencer's house on the,night in question for beer. They' did not ; hreak in,: but w-ere admitted <by .'Manning. They were not guilty of assaulting Wilson, but Reston would admit that he wandered away from, his' companions, and, without their kilowledge,..stole-.tho witch, money, and boots. • • , i .The, four accused each, .went'into, the box, and each.admitted 'a list of previous' convictions." 1 -'Cunningham explained his j possession v.of the watch, when arrested, by-;statirtgi;tbatlhe had accepted it ■• in good - f aitlf as" 'security for a loan of . a pound ho mado to Reston.' Reston admitted stealing the watch, moneyj.and boots.. To a question ho explained that he had been only a fow hours discharged : from-gaol when ho committed-this'offence. The jury brought in a verdict of guilty against, all the ..accused. ?f ,i? on ? ur remanded- tho prisoners until Monday for sentence. A DISH AND SOME PUGILISM. ' F&L '.OUT. A dispute between neighbours which occurred iiv a small right-of-way off Holland Street in September last, was reviewed before his Honour the Chiet Justice, .'in thej; Supreme Court yesterday. George Joseph. Beasley was accused °[ assaulting ■ Robert "Ag'new 'Macallum, at Wellington,'on September 27, so as to cause.him actual bodily harm. Mr 'i ISeave prosecuted, and Mr. R. B. Williams defended. : Mr. Neavo, stating the case for the Urown, said that- the charge was a simple one. Prisoner and the men'he was alleged .to- havQ-Tassaulted,' 'were neighbours linns a little'distance apart m Holland :Street.':^On'September 27 Macallum went .'to Beasley's house: His wife had gone there to got back somein^r h a( i 'loaned'to Mrs. Beasley, and Mr. Maoallum's object wastobrin" ma,wife homo, ■• Arrived at Boaslov's house, he - attomntod to cot ■ his . w'ifo away, .while h» was ea ongagad, tho wlßpfler-sti'uek- hhn a Maw oiii tiw faco that brought, him to tho ground. Endeavouring to rise from the ground, ho received another blow from tho samo source..: Either-as.a result of this blow, ? r ., 1? striking' against d housd' as he tell, Macallum . received two , pretty severe cuts, necessitating tho insertion M six stitches. -The- prisoner, it was submitted by the Crown, made this attack without provocation'.. Macallum's statement, corroborated by his wife, was that he was peacefully endeavouring to take his-wife away when the prisoner assaulted, him. Macallum was removed to the hospital after the assault, and remained -there for eight'days. Evidence for the prosecution was ?'Y en , J?? Robert Agnew Macallum, Mizabeth Macallum, and Constable Dyer.. ,' ■■■ • Mr. Williams said, tho case for tho lefence was- that Mrs. Macallum had ent a dish to Mrs. Beasley somo time lefore the date of tbb alleged assault. This, was • returned by Mrs. Beasley on : September 27, and Mrs. Beasley, being >usy, sent it back unwashed. It was suggested for the defence .that Mrs. Uacallum and her husband had been ndulgmg pretty, freely "in beer. Mrs. Uacallum told her husband thatsho .vould go- up. and let Mrs. Beasley. enow all about sending homo this dirty lish.. ; Evidence would' show that,she valked into-tho room, where Beasley md his family, were, sitting at tea, and hrew, tho dish at.' Mrs. Beasley. Beas-! ey had just conducted the lady outside iho gate leading from his yard to a ■ight-of-way ..when up came Mr. Macalum." Ho struck Beasley, as was shown iy marks found on tho latter when ho vas examined by tho police. Beasley hereupon took Macallum by the should'-' :rs, and ran- him out through tho nar-' •ow passage leading to tho street. It. vas hero that ho received the injuries,. :omplained of, by coming in contact vith tho buildings on cither side of tho •iglit-of-way. It-was regrettable that Uacallum had come to grief, but he lad brought it on himself. The dc'enco was that justification existed for vhat had occurred. Defendant, in the witness-stand, de:lared that Mrs. Macallum walked in, is stated by Mr. Williams, and "shied" iho.dish at Mrs. Beasley's head. Ho lid not know whether she meant it or not, but tho dish struck Mrs. Beasley an the head and bounced off. The evidence of Win. Henry Tyson, father of Mrs. Beasley, included a statement that Mrs. Macallum and Mrs. Beaslc.y fought after Macallum had been ejected. His Honour expre3Ged some doubt as to whether tho amount Df damage described to person and apoarel could have been inflicted by, the

women in the brief time available. "A general mix up. and done quickly," explained Mr. Williams. Florence Anne Bcaslcy, wife of the prisoner, corroborated previous .evidence for the defence. Sirs. Macallnm walked in, on tho occasion ;.in.,question, and threw the bowl.'Both Macallum and his wifo were dnink. To his Honour:. Oil the'previous-Sat-urday witness had quarrelled with Mrs. Macallum. "This was really a rcnowal of the Saturday disturbance," said his Honour, "and the men were drawn into it. That explains tho whole thing.",. The jury brought hi a verdict of guilty of common assault, and added a rider that there had been provocation. "Will your Honour -sentence .tho prisoner now?" asked Mr. Williams. "I don't intend to sentence the mail," replied his Honour. "Ho is apparently a hardworking, man- who has got into trouble by intervening in a quarrel between two women. As ~ you aro a poor man," continued his Honour, addressing the prisoner, "I will not fine you. .1 must technically give'you probation for. six months,- and I hope you will not' bo heard of again." ALLEGED BURGLARY AND THEFT. PRISONER ACQUITTED. A youth named John Griffiths was indicted at the Supreme Court yesterday on a charge of breaking'and entering the dwelling of Jas. Bennett aiiti stealing a sum of £M2s.\ Mr. Neave conducted the case for the Crown, and Mr. G. H. Fell appeared for Griffiths. Mr. Neave,'outlining tho case, said that on August 31 Mr. Bennett had in his possession a sum of £1 125., deposited in a chest of drawers. On September 1 tho money was gone. . Mrs. Bennett would be called to state that when' she left the house oil September it had been looked up. Returning towards evening she found that tho house had been opened at the back. Together with a boy named Armitage, accused, had been seen in tho vicinity of tho liouso in question, in Ellice Avenue. Armitage, delivering bills, discovered that '."the occupants were absent from tho house, and mentioned the fact to his mate, tho accused:. Armitage stayed at the corner of Ellis Street and tho avenue. , The prisoner went into Mr. Bennett's house. He camo out shortly ' afterwards, and tho two proceeded together up Ellis Street. The accused proposed to share some money with Armitage, but tho hoy .refused. Armitage might be looked upon as, an'accomplice, but another boy and a lady who lived in Ellis Avenuo had seen prisoner loitering in tho 'vicinity of Mr., Bennett's house. ' .- Witnesses called by the prosecution were Jas. Bennett, Maude Bennett, George Armitage, Lisle Scoullar, Mary Catherine Pearce, and Thomas Gibson, a detective, stationed at Christchnrch, where Griffiths was arrested. No evidence was called for the defenco. The jury, after lengthy deliberation, returned a verdict of not guilty. Griffiths is to stand his trial immediately upon another charge of housebreaking. Prisoners to come before his Honour tho Chief Justice to-day for sentence aro: John Earhshawand Henry Robert Hunt (burglary at Levin), Alexander Taylor (receiving on tho. high seas), Wm. Lav.ery (criminal offence), John Taylor (criminal assault); and John Harrison (assault and robbery). Tho foregoing have all been convicted at 'tho criminal sessions now in progress. Other prisoners to -bo sentenced by the Chief- : Justice' to-day -are: Frederick Blacklidgo and John Charles Seymour, alias Charles Simpkiss. Blacklidgo pleaded'guilty in the Magistrate's Court at Wellington to -breaking and entering the dwelling of T. W. Hislop, Wellington, by day, and stealing clothing, blankets, - and other goods _valued at £15, and a bicycle worth £5, owned by Ernest Rough. - Seymour pleaded guilty at New Plymouth on October 28 to the theft of jewellery valued at £27 155., tho property of Elizabeth F. Johnstone.