LAW REPORTS.

Dominion, Volume 4, Issue 1210, 19 August 1911, Page 14

LAW REPORTS.

THE CRIMINAL SESSIONS. ROBBERIES SIFTED. SEVERAL CASES DEALT WITH, TO-DAY'S PEOGKAHME. The criminal sessions of the Supreme Court ivcro coutiuued yesterday, before Mr. Jiibtico Sim. Tho first case was that oi Arthur Frederick Charles Davies, a young married man. Ho was charged with that, on April 13, ho stole irom the dwelling of Margaret Hume, a. diamond ring valued at ,£l3, and Ifas. iu money. There was a second count of "receiving." Jlr. H. H. Ostlev, ot tho Crown Law Office, conducted the prosecution, and Air. H. .I'. O'Leary appeared ior tho accused, who pleaded not guilty. According to the evidence for tho prosecution, ilrs. Hume, who, at the time of tile alleged offence, resided at No. 8 Ivniggo Avenue (off Ingestro Street) was standing at the iront gate of her neighbour's, ''place" on the evening set out in the sheet. Davies resided next door. Sho had had occasion to send her niece into the house to do ironing, aud, presently, the niece came running out in a flight, calling that "there was a. nian in the house." The neighbours were summoned to the scene, but nothing was found to corroborate the statement made that a tall man in a grey suit had made his exit by the back door. Subsequently, however, Mrs. Hume discovered that slie had lost a diamond ring, and that 18s. in money was missing from her purse. At a later date Detectives Cassells and Mason recovered the ring from Davies's wife, and Davies (in a statement alleged to havo been made to the detectives) stated that ho had found the ring inside Mrs. Hume's -gate, and (knowing of the alleged robbery) had not returned it at onco for fear of being suspected. Ho had given it to his wife to return. In defence, Davies absolutely domed stealing tho ring, and asferted that his statement made to the police as to the finding of the ring was true. Ho also i asserted that ho had never, for years, worn a grey suit, and the fact also remained that ho was not "a tall man, and that the niece of one erf the witnesses for the prosecution, who was in the habit of serin? him daily, did not recognise him as 'tho intruder. . Mr. O'Leary, speaking to the jury, laid stress on the fact that tliere was absence of such evidence as would directly connect accused with tho theft. . ■ Mr. Ostler pointed; out that accused? fnilure to return the ring, and his denial (in the first-place), that he knew, anything of it. furnished strong presumptive, evidence against.'him. ' ' ■ ' ■'• The jury retired a.few minutes before 1 o'clock, and returned at 2.20 p.m. with a verdict of "guilty on tho charge of receiving." The foreman stated that tinjury did not hold Hiat there was sufficient evidence to convict on tho charge of theft. The prisoner was remanded for sentence until this morning. BORROWED WATCH, TKLMJIEE CONVICTED OP ASSAULT. Robert Farratt, trimmer, pleaded not guilty to a charge of assaulting Leonard James Hogan on July 4, and robbing him of his watch. were alternative | counts of assault with intent to rob, and of common assault Mr. H. H. Ostler appeared for tho Crown, and Mr. E. J. AVebb for accused. . ' ■ Briefly,- the story told by Hogan was that, on July 4, ho nad met.Parratt and another man (said to be named Moran), and, after they had had lunch together, they "visited some hotels." At tho Albion Hotel, Hogau went into the yard, and, subsequently! • alleged that, whilo there, Moran struck him, and took, liis watch, and that Parratt also struck. On July 5, Detective Cameron arrested Parratt, who admitted being in company with Hogan and Moran, but denied coin-' plicity in the crime. No traco has since beou found of Moran. Hogan had his watch returned to him in a parcel in tho bar of a local hotel, but could not find out who "left" it for-him. Counsel for defenco did not call evidence, but relied on his address to the jury. ■ . Mr. Ostler's address was very brief. The jury retired at 3.15 p.m., and returned, at 4.5 p.m. with a verdict of guilty on the count of assault. Sentence will 'bo passed at 10 o'clock this morniug.. THE STATION COOK. AND HIS CITY ADVENTURES. William Lyndhiii-st, : a short, • thick-set man, had to answer a.'charge of assault and robbery, tho complainant being John Larmour, who, it was alleged, had been relieved of the sum of Ui2o on August 7 last. Lyndhurst, who was not represented by counsel, pleaded not guilty to the cliarge. Mr. H. H. Ostler conducted the prosecution. Evidence called for tho prosecution was to tho effect that Larmour, who followed •the calling of station cook, arrived from the Maryborough, district in August, with some ,£2l in his possession. Ho intended to take a trip to England, and, while remaining in Wellington, ho spent about £3 in .clothes, and then "fell in with some acquaintances," and commenced to visit several hotels. Ho declared that, when in the Princess Theatre- Hotel about ■i o'clock in the- afternoon cf the date of the offence, he had been attacked by Lyudhurst nud another man. The matter was reported to the police, and Detective Ra-wle arrested, Lyndhurst, but the second assailant could not bo traced. Lyndhurst, when arrested.'had the sum 'of £1 2s. Id! in his possession, and the sum of £2 10s. was found, to have'been'left by.him at a boardinghpuse.... ' . Lyndhurst did not offer any evidenco in defence, but, in addressing tjio jury from the dock, declared that, though he had had a drink with Larmour, ho knew nothing of tho robbery. Tho jury, after a quarter of an hour's retirement, returned a, verdict of guilty of assault and robbery. The prisoner, against whom there wero seven previous convictions, was sentenced to' two years' imprisonment. Tho money recovered was ordered to be paid to Larmour. Tho Court then adjourned until 10 o'clock this morning, when, after sentence lias been passed on two prisoners, the case of William Booth, charged with assault and robbery, will be taken, TO VARY A WILL. SUIT BY : THE PUBLIC TRUSTEE.... An application , to vary'an order made under tho Testators' 'Family Protection Act in tho estate of Allan Dickson- Mac-' donald, late of Wellington, gentleman, deceased, was heard in the Supremo Court yesterday. On March 20, 1903, Mr; Justice Chapman made an order allotting to deceased's widow an annuity of ,£3OO, instead of ,£2OO allowanco in tho will, aud.reserved leavo to tho Public Trustee, the executor of the will, to apply for a variation. Tho widow re-married recently, and tho Public Trustee applied accordingly. Mr. J. W. Macdonald appeared'for tho Public Trustee, and Mr. E. K. Kirkcaldio for the widow. The estate consists of shops and houses and the Public Trustee desired to brin" to the notice of the Court tho inadvisability of tho whole income being expended in the annuity. As the premises were old, tho cost of repairs were natura'.lv increasing, aud then it was desirable (in tho interests of the children, who ultimately took the wholo estate) that some provision '.should be made as a sinkingfund to pay off the morlgagcs on the pro"perty, in case that the mortgagees refused to renew, or desired a reduction of the mortgages when they matured. As tiio will did not give tho wliolo incomo to tlio.lifo tenant, it was advisable, in tho interests of good management, that a contingency fund bo provided. Judgment was reserved. MYSTERY NEVER SOLVED. PROBATE Of WILL GRANTED. - Yesterday, finality was reached in connection with tho I'iiblir Trustee's application to t lie Supi'Pinp Court Tor probate of tho will of Annie Johan Daw, late of Taylorville, near. Gr.eym.outl], widow, who

disappeared in October of last year under peculiar circumstances. The facts live, shortly, as follows:—

In .September,, 1910, Mis. Daw, shortly after her husband's deceafe, became- j lather despondent, and wont to live with her son (Mr. AY. ¥. Daiv) at Tnylorville. I On the evening, of October 21 Mr. Daw i lct't liis liujiH', intending to go to a theatrical performance, and leaving his j mother alone. Upon returning about 10 i p.m. ho called to his mother, but received no reply. He wont into her room, 5 but could find no trace of her, and, ac- * eonliiigly, informed the police oF her dis- \ appearance. The neighbours then made ', tutile searcli for the. missing woman. '(. Iho next morning two miners, crossing !" the suspension bridge at Taylorville, dis- ; calpratl a coat and umbrella—unca idon- * titied as belonging lo Mrs. Daw. No < trace of lier had since been found, a\- j though exhaustive Fearch had been made 3 along the river banks and the beach for SS miles around, and also in the neighbour- t. ing bush. It was generally supposed fit that Mrs. Daw had either fallen or I thrown herself off the suspension bridg" 3 n?i * tb ? l ivor ' and ha(i becu drowned. I Ihe fact that no trace of her body could i be discovered would be accounted for by 3 the heavy flood in the river at the time, I ot her disappearance. i After reviewing the lengthy evidence submitted by Mr. ,T. W. Macdonald soli ? c tor for the Public in supSt i of his application the Court yestorday I graated to him probate of the will. | PROBATE GRANTED. \ WILLS OF DECEASED PERSONS. i On the motion of Mr. J. W. Macdon- k SP, fl- T' e T Col i rt hK ? raQte <i to i Itie Public irustee probate of the wills of 5 the undermentioned deceased persons-- v Charles _Loacn, late of Orinondville, far- ? mer; bidney Scott, iate of T < merchant jKobo.t Campbell, lateof Ct \ tau gentleman; IYederick Palmer, late 5 \Lu lms^l \ u . Kh > Mb Proprietor; Charles * Walter Babington, late of Christchurch, ( retired colonel; Francis Humphries Vra- i ssr, late of Wellington, settler; Edmund 11' 1 ?, '~l atG of ilillsrove, settler; Archi- . ; told iTaser Macrae, late of South Wellington, ■ civil servant. f fn O [i der « t ?> adl ?,! nister wa ' e also granted to the- Pub he Trustee in respect of the • estates of the folloiring:-Daniel .Macfar- Li lane, late of Koputaroa, farmer; James p 1 Miaw, late of Westport, labourer; Matilda J Oldham,. late of Wellington, domestic- ■ ' John .Sanson, late of Glen Oroua, farmer H i? i , i ffer .K , lato of Christclnirch, sntUer (with will of deceased annexed): John i ierns Campbell, late of T«'iup(aii '■•'. - wid^ ; fc r nvS: n ;a^i.? tane ' mer; William Gooding, late of To Aro'lia, P labourer; Stephen Horton, lato of Nelson, « labourer; Lawrence Irrine, late of Waverley, farmer; William Perry, lato of Wai- ; uku farmer (dn Iwnis non); Arthur ■ Ctibbs, late.of- Timaru, labourer, Andrew OBnen, lato of Kurow, farmer. 5 .- The Court directed a sale of tho realty * in the estates of Lucy .Sarah Tronwn hte i v -u^l , P'^T- 1 woman; William iuill, late of Bosl.vn. carpenter: Philip ! Jenkins, lato of Wellington, settler I