LAW REPORTS.

Dominion, Volume 4, Issue 1132, 20 May 1911, Page 14

LAW REPORTS.

SUPREME COURT. THE NEW STYLE OF SENTENCE, SEVERAL EXAMPLES, A number of prisoners who have been found guilty at tho present sitting of tho Supremo Court ivero brought forward for sentenco by tho Chief Justice (Sir Robert Stout) yesterday morning. Gurote—Nearly "Indeterminate." "After ho had pleaded guilty I was amazed to find- tnat ho had at least 18 previous convictions against him," remarked Mr. H. E. O'Leary, counsel for one Charles Gurote, who had pleaded guilty to theft. At tho same time, added counsel, Gurote had only been in the Supremo Court twice previously. His Honour: But the police report is not favourable. The convictions included larceny, house-breaking, breaking and entering, and resisting the police. Mr. O'Leary remarked that accused had not a friend in tho world and no one trusted him. Ho was not living with his wife, though he occasionally sent her money. His Honour said ho was not going to mako prisoner au "indeterminate," though he had laid himself open to this. He would bo sentenced to two years' imprisonment with hard labour. O'Brien, Voss, Lane—Varying Sentences. Michael O'Brien, Frank, Voss, and Thoa. Lano wcro brought forward for sentence for theft from tho person. Mr. F. P. Kelly pleaded for a chance for O'Brien to iiindorgo reformative tieatmont which might still save him frcm tho ranks of tho habitual criminals. His Honour said that ho did not intend to pass as sevcro a sentence as he might. O'Brien would bo sentenced to two years' imprisonment with hard labour, this to bo followed by threo yeais' reformative treatment. .' '. "You have had so many chances that I cannot again treat you in,tho sam'o lenient way. You are no sooner out of gaol than you are in. again." Such were his Honour's remarks' to Voss who was sentenced to two years' imprisonment, and was declared a habitual criminal. Referring to Lane, his Honour said that nothing was knownagainsthimexcept that ho had been drinking. Lane was admitted to probation for two years, and was ordered to take a prohibitionorder out against himself.'' ' At the end of tho first term of tho prohibition order, it would have to be renewed for another twelve months. "If you are found drinking you will have to como up for sentence," concluded his Honour. Hunter—Reformative Treatment. A young man named Frederick Hunter, who had pleaded guilty to charges of criminal assault, was sentenced noniirmlly to twelve- months' reformative treatment in tho Invercargill gaol. His Honour said that ho had consulted a doctor, and had found.that it would be brat for prisoner's own good to keep him under some control for a time. After three months, however, Hunter could apply to tho Prison Board for his release. If ho was over a certain troublo then, he would be released. Prisoner would be put under special treatment in tho gaol. Everything would depend on himself. Hacitett—for Probation. John ITaekett was brought forward lor sentence for criminal assault. Mr. FitzGibbon, who appeared for accused, suggested that, in view of tho fact that his client was somewhat harmless,. and could bo controlled, he might be allowed to return to his home, on condition that his people undertook to look after' him.

His Honour remarked that lio had consulted Dr. Hay in regard to the case, and ho had come to the conclusion that prisoner could bo allowed out oa probation on condition that his parents kept iu touch with the Mental Hospital doctor at Porirua, and allowed the prisoner to bq examined periodically. • Prisoner was allowed out on three years' probation. "I know that you are weak in mind, and I will not address any remarks to you," said his Honour to prisoner, "but I hope that your parents will look after you, and consult with the doctor at tho Mental Hospital as to what is best for you." CASES ON TRIAL. TWO EOLLS OP TWEED, AND AFTER. A plea of not guilty was entered by an elderly man named David Irwin to a charge of having broken and entered the premises of Kitto and Graham, tailors, Manners Street, and stolen two rolls of tweed, valued at £18 15s. Mr. T. Neavo appeared for the Crown, and prisoner conducted his own case. , Evidence was given to the effect that tho premises had been broken into, and two rolls of tweed stolen. Shortly afterwards, it was found that prisoner had given a. portion of one of tho rolls of tweed to a friend named Waters. Waters admitted having received the cloth from accused._ When arrested in Napier, he stated tliat he did not know Waters, or Kitto and Graham's shop, or, in fact, anything about the charge. When approached by Detective Lewis in Wellington, accused said that a man had offered him the tweed in tho To Aro Hotel. All that ho could remember about tho man was that ho had a peaked cap on. "My character is not of the best, and I would rather not give evidence," said accused when asked if ho wished to go into the box. In a statement from tho dock, prisoner stated that ho had been having "a few drinks," and, when coming out of the To Aro Hotel, met a man who offered him tho tweed for 15s. Ho 'bought it, but did not like the colour of it. and so gave it to Waters. The jury retired at 12.15, and returned, after an absence of five minutes, with a verdict of guilty of receiving .stolen property. ■ His Honour sentenced accused to two years. There were four previous convictions against him, and he had been leading a drunken life. Also, bo (his Honour) was instructed by the probation officers, that prisoner's associates wcro of a bad class. This, concluded his is your last chance. If vou come before tho Court again you will bo declared a habitual criminal. CASES FOR TOaDAY. The cases Annie Peterson and Edward Reynolds, alleged use of an unlawful instrument, and Edward Reynolds, alleged supply of a certain thing for unlawful use, also tho case Georgo Stewart Neish. alleged criminal assault, have been set down for this morning. THE CIVIL LIST. SOME IMPORTANT CASES. The following cases have been sot down for hearing at tho civil sessions of tho Supreme Court, which opens on Monday:— Beforo a Judge and a special jury of twelve.—William Cablo v. Alexander A. Reynell, claim of £1000 damages, for alleged bodily barm. Jjpfore a Judge and a. common jury of twelve.—Pitcaithlv and Company v. John M'Laan and Son, claim £20,000 .damages for alleged breach of contract;

Arthur Broad Reynolds v. his Majesty tho King, claim £3000 for dismissal; Charles Bruce John Midlano (by his guardian) v. Thomas Highet and tho City of Wellington, claim £600 damages tor nuisance; .John 'Wallace Ea'sson and Percy George Easson v. the City of Wellington, claim £1500, 'damages for injuries to land; Ina Frances May Cudby v. Uosetfa Joseph, claim £7G3 15s. 6d,, damages for bodily injuries, Before a Judge and common jury of Tour:—Elizabeth Walsh v. Benjamin John Fuller and others, claim £114 10s., damages for bodily injuries. Bcforo a Judge alone: —William Edwin Redstone v. tho Silverstroam Land Company, Ltd., claim £173 10s. od., interest duo under agreement; Albert Berry and another v. Arthur Frederick Wimsett, possession of land and £50 for mesno profits; Eleanor Thorns v. Edith Dorothy Ellis and another, injunction, etc.; Frank O'Brien Loughnan and otheiri v. Wilhelm Farquhar Eggers, claim £44 Bs. 4d. and interest duo under agreement; Alexander Simpson v. Ellen Cockayne, claim £503 lis. od., duo under agreement: David M'Kinlay v. Herbert Hill, Ltd., claim £400, _ damages to land caused by excavation, or £100 and injunction; Fleming Ross v. James Drysdalp, claim for execution of release of mortgage and £500 damages; Alexander M'Eay Harrison v. Charles Benzie, claim £350 damages for loss on bargain, etc. j Mary Josephine Black v. cforbert Leslie Hickson, accounts, etc.; Edward Andrew Bonthorne v. Christina Backstrom, injunction, etc.; Hannah Bevan v. Thomas Bevan, clecrco for assignment of securities; Arthur Batchelor v. Emest Mark Snndstein, claim £195, damages for alleged slander; Heatheoto Beetham Williams and others v. Mirarnar, Ltd., specific performance; Arthur Law v. Wellington Working Men's Club and Literary Institute and others, injunction ; Ncllio Frances Gibson v. John B. Cooper, injunction and £200 damages; James Wilson and Archibald M'Leod AVilson v. Charles James Stanton Harcourt, claim £401 3s. Id., for work done. IN DIVORCE. The. following cases in divorce (all for dissolution of marriage) will bo heard: — Before a common jury of 12. —Hastings. James Churchill v.- Sissy Blancho Churchill and another.; Victoria Milligan v. William John Milligan. Beforo a Judge alone.—Ellen Wiseman -v. Ernest Wiseman; Mabel Anno Harlfiold v. George Samuel Hadfield; William Langforcl v. Florence Truscott Longford and another; Millicenfc Anna Collins v. AVilliam John Collins; Mary >MaVylees Luceua v. Charles Herbert Luccna Millie Connor v. Edward Connor; Rosa Ann Oxley v. Adolphus Osley; Henry Dwarber Dodson v. Mercy Hester Dpdson ahd another; Ethel Annie Johnson v. Frederick Alban. Johnson; Caroline Forrest Stapleton y/Percival Ernest Stapleton;.-, Robert Forbes Weir Johnston v. Sarah Johnston and another; Evelyne Marion Boyes Sparling v. Walter Hubert Macdonald Sparling; Henry Butters v. Eva Butters arid another ; Harold Wilkinson v. Lucy Martha Wilkinson and anothor. MAGISTRATE'S COURT. (Beforo Mr. W. G.' Riddel], S.M.) ANOTHER DESERTER GAOLED. Robert Charles Bughy, a duly-articled seaman on tho Whakarua, pleaded guilty to having deserted his ship on April 6 last. His arrest was effected yesterday morning, and sentenco was deferred until tho afternoon.

Mr. Dean, who appeared for the agents of the- vessel, pressed for a heavy penalty. The Whakarua was now on her way to London, but,. before she left, the agents had been put to expense to sceuro a substitute- in accused's place. Counsel stated that he had been instructed to_ bring before the Court the position in which masters and owners were placed by these desertions, which almost invariably occurred just prior to the vessel's departure. Substitutes usually demanded very high wages. The magistrate, in passing sentence, said that a number of cases of desertion had been before the Court of late. Thero was no distinction between them and the case now before him, and the penalty would bo the same—one month's imprisonment. A YOUTHFUL THIEF. George Armitage, a youth 17 years of age, pleaded not guilty to a charge of stealing four dozen postcards, valued at Bs., the property of Eleanor 6. Corrin. Evidence was called with a view ty sbowiug that accused had walked into the shop' to look over soma postcards, and, under the pretence of inspecting others in the window, had made off with a bundle. Thero were two previous convictions against him. Tho magistrate, in recording another conviction, remarked that it was evident that accused required some supervision. Ho would bo sentenced to one month's imprisonment, and would also be recommended as a fit subject for an industrial school. ASSAULT. John Cook pleaded guilty to a charge of having assaulted James Harris. SubInspector Sheehan stated that tho assault was not a serious one, that Cook had expressed regret for it, and that complainant did not press/for any heavy penalty. His Worship agreed that there was a good deal in favour of accused, and that a light penalty would suffice. A fine of 10s.. without costs, was imposed, the alternative being 24 hours' imprisonment. ' , MAINTENANCE. William Beck- was sentenced to_ one mouth's imprisonmont for disobedience of a maintenance order, under 'which the arrears amounted to £27. An order was mado for tho warrant to be suspended so long as £1 a week was paid off tho arrears. SUNDAY TRADING. Alfred John Slack was charged with keeping open his shop in Riddiford Street for the purpose of Sunday trading. Defendant, who did not appear, was fined 205., with feosts 95., and witness's expenses, 35., in default seven days' imprisonment. BREACHES OF BY-LAWS. W. Adams, through his solicitor (Mr. E. J. Fitzgibbon), pleaded guilty to a chargo of using offensivo languago on a tramcar, and to a further charge of failing to pay his fare on demand. The City Solicitor (Mr. J. O'Shca) said that this was the case of a man, who, being under tho influenco of liquor, was carried past his stopping place, and demanded to be taken back on tho tram. Ho had also used some offensivo languago on tho car. For using the language, defendant was fined 205., with Court costs lis., and solicitor's fee £1 Is., in default 48 hours' imprisonment. On tho chargo of failing to pay his fare, he was convicted and ordered to pay Court costs, 7s. Suo Sing Hung, who did not appear, was lined 40s. and costs os., for allowing offensive rubbish to remain on his premises. Default was fixed at seven days' imprisonment. For a similar offence Ngan Kco and Co. wero lined 205., with costs 75., and solicitor's fee £1 Is., in default seven days' imprisonment. John Milcsi, through his solicitor Mr. Baillie, pleaded guilty to a chargo of boarding a train at Lower Hutt while (ho train was moving. It appeared that defendant had had a narrow escape from death. Ho was fined 10s., and Court costs lis.

For allowing a horso to wander in Scatoun Road, James Dillon was fined 10s:, and ordered to ' pay Court costs 7s. For a similar offence in Hamilton Road, Ngan Kec and Co. were penalised in like manner. For riding a bicycle after dark without a light, Edward Joseph was convicted and ordered to pay Court costs 7s. For leaving a vehicle unattended for moro than five minutes, John Taylor was fined 10s., and Court costs, 7s. OTHER CASES. An elderly man, named John David Speight,- who stated that he was subject to fits, admitted making use of improper languago -while drunk, and also pleaded guilty to a charge of procuring liquor during the currency of a prohibition order. On tho chargo of drunkenness, he was convicted and discharged. For breach of tho order, he was lined £2, with tho alternative of 14 days' imprisonment and, for making use of tho languago complained of, ho was fined £3, tho alternative in this case being 21 days' imprisonment. Frank Bathgate, charged with drunkenness, was fined 10s., in default 48 hours' imprisonment. Ellen Johnston and Annie Murdoch, on charges of drunkenness, were fined ss. each, tho option being 21 hours' imprisonment. A first-offending inebriate, who did not appear, was ordered to forfeit his bail (10s.), or to undergo 24 hours' imprisonment. Two other first-oifendors were convicted and discharged. —**-