LAW REPORTS.

Dominion, Volume 5, Issue 1285, 14 November 1911, Page 3

LAW REPORTS.

SUPREME COURT. CRIMINAL SESSIONS OPENED. THE LIST ■ LIGHTER. The criminal sessions of tho Supreme Court opened at II a.m. yesterday, before the Chief Justico (Sir Kobert Stout). .Mr. T. Xeave, of the Crown Law Office, represented the Crown. 'J'he following were called for the Grand Jury:—Messrs. S. Kirkcaldie (foreman!, J. B. M'Ewan, S. .1. lirown, R. Wylie, Vs. Ballinger, T. I'ringle, E. R. M. Dymock. G. Robb, H. Earnes, R. V>'. Kane, F. Mitchell, J. I'. Mills, J. T. Wilkins, F. G. Staff, J. A. Charlcsworth. H. Coull, R. J. White, J. A. Stewart, G. F. Gibb, C. R. Stewart, J. Mandel, R. E. Heron, and E. Blundell. Broad Features. In addressing the Grand Jury, his Honour stated he was pleased to mention that the criminal list was not lengthy. There were a small number of offences, and none were of a serious natnre. Sixteen persons were charged, but eight of them were charged with one concerted theft—with having stolen tobacco from a vessel (tho Moana>. His Honour then referred to tho case in detail. He, mentioned that, when the pillage of the case had been reported, the men had been brought into a shed on the wharf, and, on being searched, eight of them had been found to havo tobacco in their possession. The case appeared to bo one which required investigation by another jury. There was a charge of manslaughter against a young man, who, it seemed, had been accosted by a man under the influence of liquor. There was conclusive evidence that accused had knocked down this halfdrunken man, and tho medical evidence showed that the fall had caused a fracture of the skull, the injury resulting in death. This was a matter for a petty jury to decide, and the Grand Jury should have very little trouble in finding a true bill. During the course of further remarks, his Honour made passing reference to a charge of receiving stolen goods (rubber tyres) against a cycle agent, to a charge of theft against an employee of the Opera House Company, and to a charge of sheep stealing at Ngahauranga.

True Bills. True bills were found in the following cases:—George Alfred Tracey, alleged theft; Edward .Rosenberg, alleged receiving of stolen Roods; William Joseph Dwane, alleged indecency; John Baker, alleged sheep stealing; Delia Pine, alias Booth, alleged theft; Frank Roberts, alleged theft; Cecil Braithwaito, alleged theft; Edward Francis Moffitt, alleged manslaughter; Alfred Nelson, Donald M'Pherson, Anton Olsen, John Hindle, William Young, Fred. Lindsay Backhouse, .Tames Wright, and Harry Douglas, alleged theft from a vessel. THE CASE OF DELIA PINE. FIVE £5 NOTES. Delia Pine, alias Booth, was charged that, on October 9 last, she had stolon five £'i notes from the person of Charles Cass. There was a second count, of common theft. Tho prisoner, who was not represented by counsel, pleaded not guilty. Evidence for the prosecution was given by Charles Cass and Detective Rawle, but no evidence was offered in defence. Tho jury after a brief retirement returned a verdict of guilty on the second count, and the prisoner, was remanded until Saturday for sentence. OPERA HOUSE THEFT. CARETAKER FOUND GUILTY. Frank Roberts, caretaker of the Opera House, was charged with the theft of a hamper containing a quantity of leather samples. Mr. C. R. Dix appeared for the accused, who pleaded not guilty. Tho charge arose out, of the disappearance of a hamper containing leather samples, which Messrs. Warnock Bros., of Auckland, shipped by tho Monowai from that town to Dunedin on September 27, 1910. The hamper did not arrive at Dunedin, and,, ultimately, the Union Steam Ship Company had to compensate its owners for its loss bv meeting a claim for .£47 Bs. 9d. Wlicn the ifonowai called at Wellington, en route to Duncdin, on tho trip in question, she had landed 26 tons of scenery and ."properties" belonging to the "Sweat Nell . of Old Prury" Company. It is supposod that the hamper- containing leather was landed in > error.,.at Wellington, and accompanied the theatrical "properties", to the Opera House, where it was recently found empty by tho police. The leather had been found underneath a bed in the house of Andrew Reid, a.carrier, in Newtown. Sergeant Mathieson and Constable Taylor obtained statements from Reid and Roberts, from which it appeared that, about six months ago, Roberts had asked Reid to .take a certain quantity of leather from the Opera House to store.at his residence and, if possible, to sell, any money to be divided between them (Roberts and Reid). The hamper, when recovered by the police, bore a fragment of an address tag, and tho label of tho New Zealand Express Co. In giving evidence in defence, yesterday, Roberts stated that the hamper had been lying in the Opera Houso cellar for some months. Ho had really no knowledge as to how it had come" there. Ho had found the leather turned out on the floor one day, and had wished to clear it out to make room for a large amount of scenery that was then coming in for "Tho Whip" Company. For that reason-he had handed it over to Reid. It was true that he had not reported lho occurrence to tho secretary of the Opera House Co. Tho jury retired at 2.10 p.m., and returned at 3.15 p.m. with a verdict of guilty. They, however, strongly recommended the prisoner to mercy, as they believed that fie was unaware of tho serious nature of his act. His Honour remarked that ho quite agreed with the jury. Prisoner was remanded until this morning for sentence. ENGAGEMENT RINGS, SALE QUESTION INTERESTING. A young man, named Cecil Braitliwaite, a former inmate of the Rotoroa Inebriates' Home, was charged with theft of three diamond rings valued at £3i, the property of Montague Heinemann. Mr. A. L. Herdniau appeared for the accused, who pleaded not guilty. Evidenco for tho prosecution was to the effect that Braitliwaite had represented to Heinemann. a jeweller in Willis Street, that ho wonted an engagement ring for a young lady to whom lie was to bo married. Heinemann knew that Braithwaito was well connected in' Diinediii. and did not hesitate to trust him. (?ne ring was given on approval on September 2-4, and, later, Braithwaito obtained two others. The arrangement between Heinemann and Braithwaito was that i'he latter was to keep two rings, and return one, payment to be made on tho following day. Nono of the rings was returned, and no payment was made. It w;i> subsequently discovered that two of the rings had been pawned, and one of the pawn tickets had afterwards been sold. The third ring had disappeared, Braithwaito alleging that it'had been stolen from him. Mr. Herdman did not call evidence for the defence. He contended that there was nothing to -substantiate a charge of theft or of false pretences. The rings had been given. out on approval to a young man whom Heinemann had been prepared to trust. Braithwaito was to keep them or return them within a specifiedtime, and as they had not been returned within the specified time, the transaction constituted a sale. Counsel cited the Sale of Goods Act in justification of this contention, and argued that Heinemauu had no other- remedy than a civil action if he wished to recover their cost. As for the charge of falso pretences, counsel submitted that the Crown had done nothiug to provo that the representation was false, or that the young lady referred to did not exist. Tho jury retired at 3.f.i p.m., and returned somo 70 minutes later with a verdict of guilty on a,II counts. The prisoner was recommended to merry, 'he jury believing thai, hi* will rower _wns somewhat wakened by the effects nf drink. His Honour agreed with the jury's recommflndatiofl, and Mtnaikd that - bo

would consider what to do with the prisonrr, who is lo bo brought forward for sentence ut 10 o'clock this morning.