MEW CRIMES ACT.

Dominion, Volume 4, Issue 1043, 4 February 1911, Page 14

MEW CRIMES ACT.

HIS HONOUR REFERS TO THE LASH. SEVENTEEN YEARS' GAOL. The criminal sessions of the Supremo Court were continued yesterday before his-'Honour Mr. Justice Chapman. A coloured mail named Joseph Banneker Edger, a music teacher, pleaded not guilty to a charge of assaulting a little girl nine years of age. Accused conducted his own case, and Mr. H. H. Ostler appeared for the Crown. An order wr.s made by his Honour that tlio court should be cleared, and that the evidence should n'ot bs published. The jury retired at 12.45 and returned at 2.45' p.m.' with a verdict of guilty. Asked if ho had anything to say as to why sentonco should not be passed on liim, prisoner shook his head. "You have been very properly convicted," said his Honour, addressing the prisoner. "There could havo been no doubt whatever of the truth of tho story told by tho little girl who was tho principal witness. I tell you at once that if I had tho pow'er to sentence you to imprisonment for life I would do so without any hesitation. I have some doubt whether I'ought not to inflict punishment of tho lash on you, in addition to imprisonment, but I have retrained from doing so because I intend to sentence you to tho longest term of imprisonment which the law allows. Tho crime of which you stand convicted was accompanied by circumstances of brutality and bestiality such as I havo seldom been forced to listen to. Tho sentence of tho Court is that you be imprisonmed for seven years, and that that is to he followed I) 3' ten years' reformative detention, in terms of the statute passed during the past session of Parliament." ■' . A BRAWL. GUILTY ON THREE COUNTS. A middle-aged man named Georgo \\ dliams pleaded not guilty to having on December 7: (1) Assaulted Bartholomew Mahonoy with intent to rob him; (2) having assaulted Mahonoy so as to cause him actual bodily harm; and (3) having assaulted Mahonoy with intent to commit a crime. Accused conducted tho caso on his own behalf, and Mr. 11. H. Ostler appeared for tho Crown. Mr. Ostler, 'in outlining tho evidence for the prosecution, said tho 'whole three charges related to the one occurrence. Mahoney was a labourer, and had a previous record against him for drunkenness and assault, but he had never been charged with dishonesty. Mahoney's story was that on tho day in question he got £2 from a contractor, and spent ss. of it before evening. In the, evening he went into tho Princess Theatre Hotel, where lie saw and "shouted" for accused and two others. They then went to tho City Hotel, . where Mahoney bought five or six bottles of beer. On the way - along Courtcnay. Placo accused . invited Mahonoy to sleep with him in Alma Ijane, and on tho way up Mahoney "shouted" at tho Crickctcrs' Anns. When .they arrived at the house in Alma Lane and were lighting up, accused according to Mahoney, struck him on tho head with a heavy piece of crockeryware. Mahoney called for the .police, and accused struck him several times with a piece of the crockery, and •inflicted a number of wounds on his faec. Constablo Chr.llis arrived and found Mahoney holding- accused down; Mahoney being covered with blood. On ariping-at tho police station, Mahoney stated. that accused had also put. his hand in his (Mahoney's) pocket, and had tried to rob him.' Mahoney did not ■remember saying this. At tho watch-house accused admitted having punched Mahoney, and having inflicted tho wounds with a ..ring,. Several pieecs of earthenware were found in the wound.

Accused addressed the jury from tho dock. Ho alleged that Mahoncv struck liim first, and ho had only defended himself. Mahoney got the worst of -it, and turned round and cried out for tile police, and gave.him- in charge. Ho denied having attempted •to rob Mahoney, -or touch his money. Mahoney, he urged, fell, his face strikin" a candlestick. ° Tho jury retired at 5.40 p.m., and returned at G.lO with a verdict of guilty on the full indictment. .. . ' His Honour remanded prisoner for sentence until Monday. . The Court rose at 6.15 p.m., until 10 o clock this morning.

IN BANCO.

INTERPRETATIONS OF A.WILL. At a sitting in' Banco yesterday, big Honour the Chief' Justice was asked to decide what, the intention of the late Mr. Henry Hammond, of Sandon, was in regard to certain , mortgage payments over part of. his estate. Plaintiffs wero tho trustees in the estate, and tho nominal defendants the widow and children of. the deceased. By an originating summons, tho trustees in tho estate applied for an order i interpreting tho will, and determining the following questions(l) Whether, tho trustees should .pay.off tile mortgago now existing over a portion of the trust .property out of the incomo of the estate, or whether they had power, and should, under tho will, arrango for removal of the mortgage or for. a new mortgage; (2) If a renewal or new. mortgage should bo arranged for, what period and special condition should bo net out. (3) Whether Henry G. Hammond and Wilfred S. Hammond named ill tho will, tako a present vrfted interest in tho lands vested to them personally. His Honour reserved his decision, after hearing legal argument at considerable length. Mr. W. H. D. Bell appeared for the trustees, Mr. A. L. Hcrdman for tho daughters of deceased, -Mr. M. Chapman, K.C;, with him Mr. Luciue, for the sons,'and Mr. Organ for the widow.

SITTING IN CHAMBERS.

PETITION FOR ALIMONY. A sitting in Chambers was held by his Honour tho Chief Justice yesterday morning. A petition for alimony was made in the case Rodio v. Rodie, a Napier matter. Mr. Hadfield, who appeared for the wife, asked for a payment of £200 a year. His Honour wanted to know how it was that tho wifo had not made the application before, as she had been living apart from her husband since 1908. Mr. Hadfield pointed out that the wifo had been residing with her father, w!io hail maintained her.

His Honour said ho was nimble to understand what the respondent had done with all his money. It would bo fair to allow £.'! a wcelr at present, but, lie added, it must bo understood that- this was not to affect the court hereafter when it might have, to decide as to permanent alimony.' An order for the payment of £3 a week was accordingly made. Mr. Buwiy appeared for the respondent..