THE CRIMINAL SESSIONS.

Dominion, Volume 4, Issue 1212, 22 August 1911, Page 3

THE CRIMINAL SESSIONS.

THIRD TIME ON TRIAL PETERSON CASE: JURY DISAGREE. Tho criminal sessions of tho Supreme Court were continued yesterday, before Jlr. Justice Sim, wlien Annie Peterson was placed on trial, for the third time, on a chargo of unlawfully using an instrument for an illegal purpose. At the last criminal sessions, accused was acquitted by direction of the judge, but the Court of Appeal ordered a new trial, on the ground that his Honour had misdirected tho jury. . Accused was placed on trial again last week, when the jury failed to agree. Jtr. T. Neave appeared for the Crown yesterday at His third trial, and Jlr. A. L. Herdman for the prisoner, who again pleaded not guilty. Full use of the right to challenge jurors was made by the defence, and twelve challenges were also exercised by the Crown. The Court was cleared for the hearing of the case, which extended into the afternoon. The jury retired at a quarter to i o'clock. About 8 p.m. the jury returned and informed his Honour that • there was no prospect of a verdict, being arrived at. Mr. Neave made formal application for a new trial, and stated that he would bo able to.inform the Court this morning whether or not it was intended to go on with the prosecution. In view of two previous disagreements by juries, the matter would require consideration. Leave for a new trial was granted, and, on Jlr. E. K. Kirkcaldio's application, the prisoner was again released on her own recognisance. A "MOUNT COOK" QUEST. A negro named Alfred Britis was charged with unlawfully selling liquor on Juno l last to one Alfred New. Jlr. H. 11. Ostler conducted tho prosecution, and Mr. C. R. Dix appeared for the accused, who pleaded not guilty. Jlr. Ostler, in outlining the case, stated that the facts ware simple, but the circumstance that Britis had twice previously been, convicted of similar offences mode the penalty such that he had a right to be tried by a jury. Ho had. so olectcd, and that was, why. the case had come before them. It was' stated in evidence for the prosecution • that Britis was a resident of Taranaki Street, and (hat New lived next door, at No. 80. On Sunday, June i, Constables Price and Atkinson had disguissd themselves as bluejackets, 'and had walked up Taranaki Street until they met New. As an aftermath of a conversation which they had held with New, the latter went into No. 82, Taranaki Street, and presently returned with a bottle of beer. This the constables paid for. Subsequently Now made further visits to the house of Britis, and, each time, brought back more beer, the constables paying for it. As the result of theso transactions, Sergeant RuHedge procured a search warrant and searched tho houses of Britis and New. In Britis's house were found three full bottles of beer, a bottle of whisky, and several empty bottles. In Now's house empty bottles only were found. Tho outcome of the search was that an information had been laid against Britis for selling liquor without a license. The principal witness for the prosecution (Arthur New) admitted that there were a number of previous convictions against him, and that he had been imprisoned four times—once in Australia and three times in New Zealand. One of the charges, for which he had been imprisoned in New Zealand, had been selling liquor without a license. The case for the Crown closed shortly after 5 o'clock, and the Court then adjourned until 10 o'clock this morning. CIVIL LIST. Tho civil sittings of.tho Supreme Court are set down to commence on Thursday morning next. The following cases a.re already on the list for hearing:— Before a Judge and a Common Jury of Twelve. Charles B. J. Midlane, by his guardian ad litem Charles T. Midlane, v. Thos. Highet and the Wellington City Council, a claim for .C'GOO damages . for alleged nuisance. T. G. Macacarthy v. James Bonnie and others, a claim for .£'looo and interest alleged to be due under mortgage. Alfred Geo. East v. Herman Lewis, a claim for .£IBOO alleged to bo due as balance of commission. William Henry Goodman v. Edward Reynolds, a claim for .£5Ol damages for alleged seduction. Cathie and Sons, Ltd., v. George Davies, Ltd., a claim for >£G4G 17s. damages for alleged breach of agreement. Roderick M'Kenzie v. The Australian Kodak Ltd., a claim for .£20,010 2s. 3d., penalty for alleged ' evasion of Customs duty. Same v. Harold Anthony Beauchamp, a claim for <£20,010 2s. 3d., penalty for alleged evasion of Customs duty. Before a Judge and a Common Jury of Four. Leslie Trotter v. Geo. Herbert Scales, a claim for .£250 damages, alleged to bo duo for bodily injuries received. Before a Judge Alone. Eleanor Thorns v. Edith Dorothy- Ellis a.nd John Ely Ellis, claim for an injunction. Frank O'Brien Loughnan, Thomas Veinon Venables, and Frederick Charles Bennett v. Wilhelm Farquhar Eggers, claim for .£Bll Bs. Id. and interest alleged to be due under agreement. David M'Kinlay v. Herbert Hill, Ltd., claim for JElfiO, alleged damages to land caused by excavation, or in th(j 1 alternative .£IOO and an injunction. Fleming Ross v. James Daysdale, claim for execution of release of mortgage and .£SOO damages. Edward Andrew Bonthorno v. Christina Backstrom, claim for an injunction. Heathcote, Beetham, Williams and others v. Miramar Limited, suit for specific performance. James Wilson and Archibald M'Leod Wilson v. Charles James Stanton HarcouTt, claim for 42101 3s. Id., alleged to be duo for work done. CAUSES IN DIVORCE. The following petitions for divorce have been set down for hearing:— BefoTO a judge and a common jury of twelve: — Joseph Edwin Ffrost v. Emilie Ffrost and Jlaurice Fitzmaurice. Before a judge alone:— Hastings James Churchill v. Sissy Blanche Churchill and Henry M'Leod. Johannah Kelly v. Timothy Kelly. Robert Allan- Jlitchcll v. Alice Maud Mitchell. , „ . ~ William Marshall Mcrngold v_, Beatrice Jlerrigold and Andy Dane. Richard Evans v. Emily Henrietta Evans. Christina Jano Reynolds v. Edward Brown Reynolds. _ Harold Douglas Barton v. Henrietta Elovse Ida Barton and Gcorgo Henry Williams. Kezia Jane Thomas v. Charles Thomas. Victoria Jlilligan v. William John Jlil"Arthur Easterby Stokes v. Ada Rosina Stokes and Cecil Gooch Elizabeth Lowther v. iredonck James Lowthor. Marcia Subina Procter v. Thomas Vibona Procter. . Richard James Jloore Lang v. Jcssio Ellen Elizabeth Lang. James Thomas Hall v. Sarah Ann Hall and William Symes.