LAW REPORTS.

Dominion, Volume 5, Issue 1357, 7 February 1912, Page 3

LAW REPORTS.

CRIMINAL SESSIONS. WORKING MEN'S CLUB CASHNO FINDING. GRANVILLE HUNT SENTENCED. CAUSE OF HIS LAPSE. The criminal sessions of the Supreme Court were resumed yesterday, before his Honour, Mr. Jifstiec Chapman. Mr. 11. it. Ostler, of the Crown Law Office, represented the Crown. CLUB CASE. ORDER FOR A NEW TKIAL. Hearing of evidence was completed on Monday in the case of Frederick William Green, who was charged with theft of .£175 19s. 9(1. from the funds of the Workingmeh's Club. The money was alleged to have been stolen between July 1, j 1011, and November 20, 1911. When tho I Court resumed yesterday, his Honour's I summing up occupied nearly half 'nn hour. The jury retired at 10.30 a.m., and returned at* .1.15 p.m., when tho foreman informed his Honour that there was no probability of a unanimous verdict. I His Honour thereupon discharged the j jury, and ordered a new trial to take I place to-day. GRANVILLE HUNT. MORPHIA AND MORAL SENSE. Graiiville Hunt was charged with forging two promissorv notes—one for .£142 Bs. 10d. and the other for .£159 7s. Oil — at Wellington on July 29. These purported to be signed by W. H. Nash, and they were uttered to Wright, Stephenson and Co. Hunt had previously pleaded guilty in tho Lower Court to a charge of false pretences. Mr. T. W. Hislop, who appeared for Hunt yesterday, tendered pleas of guilty to the charges of forging and uttering. Beforo sentence was passed, Mr. ITislon spoke on the prisoner's behalf. Counsel stated that after having experienced considerable financial worry in the business which ho was managing Hunt had been attacked by serious illness, and Jus physician had reluctantly been compelled to administer morphia to him. Subsequently Hunt took to administering morphia himself, with the result that his moral sense anil his memory had been affected. His mind seemed to be almost a blank as to tho period when the offences were committed. After ho left Wellington, he had taken employment nt Kihikihi, and had hoped to be able to redeem his position and to satisfy his creditors. He had been in n fair way towards the realisation of this hope when his arrest was effected. In the promissory notes tendered, to Wright, Stephenson and Co., prisoner had gained no monetary advantage. He had simply been able to temporarily stnvo oif trouble. Counsel asked his Honour to take a lenient view of the offences, and to look upon the case'as the case of a man who, under ordinary circumstances, had been an exemplary citizen, but who had suffered temporary aberration as the result of using morphia.

A medical certificate was put in, stating that deceased had been a sufferer from a serious illness, and that morphia had been administered to him.

Hi's Honour remarked that ho had listened attentively to Mr. Hislop's address, u great deal of which, however, was merely the assertion of the prisoner to his counsel. It might have been true that th« use of morphia had blunted the prisoner's moral sense, but his cunning remained. Jt enabled him to carry out these frauds, and then to success! ully disappear. All this showed design. His Honour had to take a serious view of the se cases. . Frequently poor, ignorant labouring men from the country came before the Court for committing lorgents, and his Honour had found it necessary to deal severely with them In the present case the prisoner had a commercial training, which made his offence more serious. The sentence of the Court would be eighteen months' hard labour on the first charg-o and twelve mouths" hard labour on the second charge, the seutcuct'3 to ruu concurrently. THE BANK BOOK. WAS THE BIGHT MAN ARRESTED? The charge on which a young man, named William Frederick Jones, was arraigned, was cue of iorging and uttering. Mr. 11. F. O'Leary appeared for accused, who pleaded not guilty. In the evidence tendered for the prosecution, it was stated that, just before -4 p.m. on December 29 last', a young man walked into the Post Office Savings Bank, on Lambton Quay, and presented a passbook belonging to I. Jacobus. He received a withdrawal slip, which ho filled ill for JJS, signed the slip as "I. Jacobus," and presented it for payment to one of the clerk?, Francis Taylor Bennington. The latter, as is' usual, compared the signature in the book with that on tha slip, and found a great discrepancy iii them, lie showed the signatures to Iv. M. l'avitt, another clerk, and also to (lie accountant, and then declined to pay out on the signature. 13ennington tlien went out to look for a policeman, but when he returned with a constable, the man' who had presented the withdrawal slip, had disappeared. During the course of the same evening, Detective Andrews interviewed JTi-ickuo Jacobus "ut the latter's place of residence in Willis Street. Jacobus was then under the. influence of liquor and the accused Jones was on tho promises, but the detective, was unable to obtain a clear account of anything from Jacobus, and had to pustpoio the interview. .Next day, Jones left the city for Martinborough where employment was offering. Subsequently the police learned that Jacobus had known Jones for about three years, that Jones stayed at. his place on tho night of December 28, and was there on December 29, that during that day Joues asked for a loan of about 55., but witness had no change and oflered him his bank-book to get a loan ou. Jones, however, refused this although Jacobus stated that he would give him an order on tho bank". On January 13, in company with Constable Dick, of Martinborough, and F. T. Bennington, of tho Savings Bank, he arrested Jones at Mr. Sutherland's station at Hinakura, 25 miles from .Martinborough. Jones was then engaged in painting for the firm of Taylor and Gray, Martinuorough. Bonnington and Pavitt identified Jones as tho young man, who had presented the withdrawal slip in the name of I, Jacobus.

Kvidcnce for (he prosecution was given yesterday bv ]'. T. Benninston, K. M. J'avitt, F. Jacobus nnd Detective Andrews. ]>oth Hemiingtou nnd Pavittwere subjected to lengthy cross-examination by Mr. O'liCary an the question of identity. For the defence tho accused William Frederick Jones elected to μ-ivo evidence. Itc stated that he was :1 painter by trade, but hod followed I In , i-ea for n tiinp. On December 1:1, he received a Mcpram nllcrinj; him work at but he was unwell lit tlie time and did no! go. On December l!l he received a further request from 'J'aylor nnd Gray and decided to so on December 30. On December 28 ho pawned his watch and ch.iin for J:\ 10?. (pawn ticket produced), nnd expected that this money would be sufficient to pay his fare to Martinboroup;h anil !:een him for the first week. He had it in his pos-ession when lip visited .Ta-eol.u-i. and a I so had a few odd shillings in his pocket. The object of his visit lu Jacobus was to borrow a lillle extra money for current expenses. He deniid :ib.-'i!iilel.v <"»t I" , "'"I visited the Saviii','s liaiik and there iiresenlrd the pass biiuli. 'I'lu'ie h.id nrarly a dozen men ill and out of Jacobus's house on December i! 0. Al the close of the evidence his TTonour recalled Detective Andrews, and asked if he had observed the clothes which Jones was wearing when seen on December 2!), nnd if an exaniina'ion of his effects had licpii made at: lliiiaknra in order to ascertain what clothe-- he possessed. The detective replied that Jones was wraring dark trou-urs on Dpcpinber ill, but he dill nut observe him very closely, ns he did not. wish to nlarm him. When Jones was arrested at Ilinakura, he (the

deteclivei hml verv little time Id! lo c:il.-h 111- iniiii back lo Wcllinsl'M. mill w;i- cm:-ci|i!tMi!ly innibli' t» cx'.ihmiii' his livlonginc-. The jury retired at :).:«l p.m.. mid alter U'l'iig absent for nearly four and u .hull hours announced Hint they weiv unable lo agree upon a verdict. Mis Honour then dischiirged Hie jury, and ordered the prisoner to be retried nt the currenl sessions. The Court, then adjourned unlil ' n o'clock this morning. CIVIL LIST. The civil sessions of the Supreme Court commence on Monday next, before Mr. Justice Chapman. The following nws are already set down for hearing (nil before a judge alone); — J'enlon Henry Latham and oilier? v. liobcrt Charles Kenner and others, claim for ,£.")0, alleged to be due us indeinnily for money paid under judgment. James ' O'Dea v. Thomas Cieorge Macarthy, claim for I.ls. Id., nlleged to be due for work done. Fleming Koss v. James Diysdale, claim for XSOO damnges, alleged to bo due, uml for release on memorandum of mortgage. JI.M. the King v. Walter Leopold Duller and others, claim for JMOO for duty alleged to be payable. Charles Pritchard v. J. .1. llarle, claim for ,£157 Bs., alleged to bo duo for work done, etc. Fredk. ITy. Pitcher and others v. W. C. A. Dimock'and others, claim for dissolution of partnership. James M'Leavey and other? r. G. W. and W. ]•]. Dickinson, claim to set aside sale of shares, etc. Martha M'Gregor v. the District Land Registrar and others, declaration, etc. James Pearce v. John M. Galloway,' , claim for .£250 damages alleged to bo due for bodily injuries sustained. Chnrles'Hayword Izard v. \V. J. Jnmieson, claim for possession and for mesne profits, etc.