LAW REPORTS.

Dominion, Volume 4, Issue 1133, 22 May 1911, Page 3

LAW REPORTS.

SUPREME COURT. QUARTERLY CRIMINAL SESSIONS. PRISONERS SENTENCED. NEW TRIAL ASKED FOR. The first business on tho resumption of the criminal sessions of tho Supreme Court on Saturday morning was the sentencing of four prisoners. The first of them-was sentenced.by Mr. Justice Chapman before whom he was tried, and the other threo by the Chief Justice (Sir Robert Stout). Tho trials of prisoners were then proceeded with, the Cnief Justice presiding. Mr. T. Neavo prosecuted for the Crown. Decisive-Measures Needed. William Haining, who had been convicted of a criminal assault, was sentenced by Mr. Justico Chapman. # Mr. Wilford referred briefly to the jury's recommendation to mercy. Mr. Neavo mentioned a previous conviction against the prisoner. His Honour said he assumed that the prisoner's character was respectable, but it was the. duty .of a. Judge to impose a. considerable sentence of imprisonment in 6uch cases by way of a deterrent. The number of such cases revealed a danger to the community which must be dealt with in a .deti'i™ way. Prisoner was eentenced to tlireo years' imprisonment ■with hard labour and a further period of reformative detention. ■■ • Probation Refused. , When Ernest Edwin Thompson was placed in the dock to be sentenced for attempting to procure a noxious thing for an unlawful purpose (an offence of which ho was convicted last November, when a law point was reserved for tho Court of Appeal) his counsel, Mr. S. J. Moran asked that he be placed on probation. The Chief Justice refused this requost end sentenced the prisoner to U months' imprisonment, dating from the conviction. . Twelve Months. George. Arthur Aldo had been convicted of , assaulting Charles Nicholls and causing him actual bodily harm. The jury had strongly recommended him to mercy. Ho was represented by Mr. H. F. O'Leary. Felix Black, formerly captain of tho steamer Pai'eora, gave evidence as to the previous good character of tho prisoner. Counsel said his client was a Finn by birth. A woman was the indirect cause of the trouble. He asked for probation. His Honour said he could not grant probation, but he would give weight to the recommendation of tho jury and inflict a sentence of 12 months' imprisonment. Recent City Burglaries. A young man, named Arthur Thomas Eeid, alias Arthur Thomas, 32 years of age, and a;. Canadian by birth, had pleaded guilty in the Lower Court to no fewer than thirteen separate charges relating to burglaries in this city, tho assessed value of the goods stolen totalling over £110. ' .■ ' . ' The Chief Justice sentenced'him to two years' imprisonment, remarking that he could have given him an indeterminate sentence.. ■ . SERIOUS CHARGE. NEW TRIAL ASKED TOE. The only case heard on Saturday was tha,t in which Annie Peterson arid Edward Reynold's were charged with unlawfully, using an instrument. with intent/to procure a miscarriage. Reynolds_ was further charged with supplying a thing, knowing it to be intended to procure a miscarriage. Mr. A. L. Herdman (for Peterson) and Sir. T. M.. Wilford (for Reynolds) asked to have the case against each defendant leard separately.

Mr. Neave opposed this course. His Honour after retiring to consult with Justice. Chapman declined tho request, but said 'he would reserve the question for the Court of Appeal. Tho Court was cleaned,'.and the publication of evidence forbidden.

During, the hearing Mr. Herdman pointed out that the case for the Crown did not comprise any evidence to corroborate that of the principal witness, who was an accomplice. He quoted authorities.

Mr. Wilford argued torthe same effect, and said, the caso was one for acquittal. Mr. Neave submitted counter arguments. Tho Chief Justice said that while ho assumed'the girl's story to be true, he had no alternative but to rule that corroboration was necessary. He directed tho .jury to briuj; in a verdict of not guilty. Tho girl might have a civil remedy. Her parents might .be able to sue for seduction, and call Mrs. Peterson as a witness.

The jury returned a verdict of not guilty, i>3 directed. . . .

Mr. Neaye will move for a new trial. The sessions will be resumed at 11 a.m. to-morrow, as to-day is a Court holiday.