SUPREME COURT.

Dominion, Volume 4, Issue 1047, 9 February 1911, Page 7

SUPREME COURT.

i' , ' SERIOUS ASSAULT CASE, -MOTIVE-SAID TO BE JEALOUSY. j ; V " A BOTTLE USED, rienry Joseph Cieirients, who was found -guilty ;on . Tuesday , before Mr. Jii&tlco |;V Chapman; of having unlawfully assaulted X® n ? 0 C. llickok, was brought forward j!< . for;sentence yesterday morning. ; ; ;\Mr. E,'J. l-'dtzgibbon, who appeared for V, the.prisoner; informed 1 tho , Court- that > ■ Clements; was. St years of ago. Ho was ah orphan boy,,'arid hod never had any of, tho benefits -of , a homo life, having btcii:brought up:<in'<an orphanage, lio 'if.; ; had,-been- lookiug after himself for the ■j: ; . past;live or six years, and had only bad two, small lapses. Ho had been in trouble »i 7. : for-insobrioty once and on another occat■" ; sion for assault, in that he boxed a boy s lie%•:■■■ Some - tdmo ago the police naa- < 'ri" occasion, to make a report on accused lor >'; tlio.i'ducatlon Department, this , re- . port 'counsel understood, was. altogether favourable. The jury had found accusod guilty on the'third count,. common asHultyand had brought in a recommendation'to mercy on the ground that tho jfl'ence: was committed under extremo " provocation. - Counsel asked, that, .con- • i 6ideririg all tho circumstances of ihe case, '.*■ coiiyaction ■'arid order-to como up for I ■ sentence when" called'; on should be entered; or,' if this oould not.bo done,"that . "j|.flrio should' bo'.iihposodj, as would; lie suggested, hnvo bceildonohada magistrate doait with the casejn"; tho. Lowct h:■■■'■ Court". -Accused was a manof.very neri toils' - -temperament^and/- imprisonment ; »ould'be injurious tb hii health.;. : J iHis' HonourUaid,ho; could not-'agroe that'the course a'magistrate- would take ' wquld:be; to' inflict fa ;a magistrattfiknew;his,duty,- he.woilld certainly, inflict a'sentence •of imprisonment in a .where a man had used'a bottle reok-, ■ lesslr,"" and ;had broken the bottle over ahotner 'mail's head, and then proceeded > to\'use tho. broken; pieco -"that remained , in .'hiSNhandto continue, the, assault. 11wiih it/ to bo : ; .understood,'''; continued his; Honour,' that except in very'' "rare »■ - ■! cises whero there 'is' an 1 explanation, ' I •(idll 'treit'.violent assaults, as cases for Imprisonment.' It was clear,that prisoner lintlibeen drinking'. and ! his Honour said r - had very littlo aoubt somo cduw would be'.found to account'for 1 the violence'on ■! th-ts Occasion,: as fan tho previous occasion :<> * ;• wHeifprisoner struck, .the; "His «;■ Honour said he';attached importance to the'faet- that this was not a - solitary cis A. ' l'; The records of the Court showed that'A very large ■ number <of such'; cases ■ • a4;tho'present caine'before' magistrates, vit., cases of men who could not control >' themselvesJwheri, they had ri little:drink ) in them. . when a • man. used a dangerous. ' ' weapon, such >as prisoner > had > used, >it ' wasa.cajo for.- imprisonment; and tho . CoUrt had no .alternative but to imprisonHis .Honour said he' had ' nrf hesitation- in.accepting-v.Hickok's , state- '. - ment. Hickok gavo; a moderate and fair a descriptionand '; exaggerated :'. nothing,. | * , fact wa9 that accused : was -j. ■ jealous of illickok.., NoV.doubt Hickok' gave; accused - somo provocation,' hut tho . r 4 Court could riot adiriit fo? a moment that > -.' 6iich .provocation as ho gave justified-the uso'of such-a- weapon;/ Had* thewound nfetiprogrosMd'as; it-did,'and had-it resulted - fatally, prisoner : wonld undoubtedly , haire;-:-been 'tried arid; found- guilty i of V manslaughter...■( His":-Honour. said • v he'«; l could not , , troat .) the -, offence >. ' lightly. • The jury./had. ibrqught in ; a II . - verdictfol-guilty'jof common'assault, but, ■ ejild .his Honour,h«r pould not shut;', hit eyes •;to rthe fact that, what .they choso -to t- common,assault'was'an assault in ' w^ich r Mrious.injuip'. wasVdone. ' The facts' wirt? ; indlsputaiiw.;/i'RoVdonbfvtho I 'i^o explanation ,Was'that the' jury, r who were thtw" hours' considering .their, verdict, had ,i i ; had,'difficulty in arriving fat unanimity, - ' and'the-veroict'was'the ; beit result that they. could arrive at under' tho' circumi : . ttancw;- 'It would bo riecessapr to impose , it< substantial penalty <-n If.- it j interfered with tho'prisoneKs health;; the authorities' ; . . coiild'deal with the matter. , '• Mntenw.of eight';months' imprison-. ; Blent trith. hard labour.was imposed.- -. • J' ' - ', IN BANCO. - ( a INTERPEETATiON; OE 'A .WILL. v-.. i iiesirved 'decision was given bj\the Chief ' Stout, in : the, origin- ? ; aHnj['summons and concerning . the'..will ■ i'i.;'.: of Henty Hammond,"deceatcd, of Foxton. '.'•y/ vThe, parties vwere j Henry: Hammond and others," trristees in the estate, -Isabella :^-;vv^'Court. : pd'Others. <,p;. j_, ; • i sP'AMiTkHiprincipal . questions. the', Court,,jvas, - t<)':decido thelmort.' jr-- . / gage r that • will} spori b'o",due," and.js; over SC%•; part"M'th>'testator's freehold' property, -oiight]to the residue, or ; .whether it , should be * continued . until 5V' '' wttte thej widow Mies,' or "five years elapse V . from; the" testator's death, and then; be v,in'the ; „mod6;-pointed out;,in" tho ; - f.': >vjll. r; Tho sojind .question was .whether .-i HenryiGodf/cy:Hammond and ' -MTpilfred Stuart.Hammbnd, .tako a present Vi' ;■ vested,'int<!rest; in, the,lands, : i devised 1 ; to , them;; Of whether th'eir, interest .is contin'>[i gint V on'. ■thMr'-i surviving.i either. ;thcit . five years: from the "death .of -.th'e testator.. : Discussing the' second aucs- ;" ti6ni> his. Honour remarked; that booking ;i v ,; at'the whole .mil;- it was clear from tho •| S-i'dWisibn^of.-tlio 1 estate'that;.'the. testator •>: njearit. 'tp 'inako.i provision. for: the >indi«&i';V)dual' members .of his family. His Hon-, - oiir' said 'thatihe camo'to. the'conclusion ;thill' tho answer was ."Yes" • to , tho question put as -to' whether 'Henry ..Godfrey • , Hairimond and .Wilfred Stuart Hammond •^'y-' should take" a' present "vested- interest-in ■ >v:tho eslate,' but 'they'.wero not.'entitled 'to v . tho. ;anv, part;,of .tho .estato .-: until, tho death of their mother,' or" tho : lapso. of- five; years, as .stated-lit a' proviso.' - Dealing with the question of tho ,i , mortgage, ihis Honour, said, ho thought it' • wmildi be "violating the intention of tho ' ■' - Wstato* if tho payment of the full amount. .-"of .the niohcy; was cast on ,tho '■ daughters; or if, on .tho : other, hand, it'- ■{ H si'-wjere; cast' on tho! estates that were "mort«f£.V^Jgig*d,": and; that,; therefore, tho trustees !' -;'.'wpuld;bo''empowered.to tako steps to w-' it '. Jtend?tho mortgage duo on .Juno 30,-1911, '■!; - until" 1 September Avhen the "five' , years ''irieritionedwould-; expire,; and in doing this they would-not bo violating iir any way' the wishes of ;tho„ testator. ,Itwould be.only' right l that*tho;costs.of all •. ''parties should Mmo;out of the estate, be- , caiiso; they werp reajly -in :the nature ■of ->• - testamentary' expenses. His Honour left • the amount to.bb fixed by.the Registrar., > ! . -. i Mr.';Wi H. D. Bell apnwred for 'tho -trustees;- Mr. -'fqrY the . •' daiighierV of tho .deceased; Mr, IT.' Chap- ' man,' KIC., with hirii Mr;-Jf.* P. Luckie," . for: the' sons;; and Mr, ,Org?n'' for'Vithe; widjw.v,t -i. v\ v ; - v .