SUPREME COURT.

Dominion, Volume 6, Issue 1575, 19 October 1912, Page 14

SUPREME COURT.

(Before His Honour Sir Robert Stout, C.J.) PRISONERS SET FORWARD FOR SENTENCE. MITIGATION PLEAS. THE CATTLE CASE AND OTHERS. Plena of guilty to indictable offences having been tendered in tho Lower Court, by l'our prisoners, they came beforo tho Chief Justice ( t Sir Robert Stout) for Bentenco in tbo Supremo Court yesterday morning. Mr. H. H. Ostler, of the Crown f.aw Office, represented tho Crown. Youth's Habits—Late Hours, Suppers, Cigarettes, Etc. "Only a boy, and a small boy at that." This was how bis Honour referred to Thomas Malier, a youth 17 years of age, who had pleaded guilty to a chargo of house-breaking at Blenheim. No counsel appeared for tbo lad, but Mr. R. M'Callum, it.P., appeared to testify to his previous good character. Mr. M'Calluin further 6tated that the lad lost his mother two years ago, and lack of parental control might have led to bis lapse. He had developed tbo cigarotto habit, etc. His Honour remarked upon the habits the youtb had cultivated—being up late at nights, attending picture shows, and, as ho himself put it, "shouting" suppers. After eome admonition from the bench, tbo prisoner was admitted to twelve months' probation, a condition being that he should give up smoking cigarettes and should not visit tho town of Blenheim during tho first six months of bis probation. "Wounded at Colesburfl." Wounded at Colesburg, mentioned in tho dispatches, Queen's Medal, five clasps, King's Medal, two clasps. This was portion of the record of Frederick Bailey Muir, a middle-aged man, recently following the occupation of photographer. According to Mr. C. H. Treadwell, Muir wont to South Africa witb ono of tho Australian contingents and gradually worked his way up the ladder of promotion until be reachcd the rank of captain and adjutant. Some time ago lie had been attacked by chronic asthma, and had gone to the Taranaki district to follow ail outdoor life and recover health. He now stood, self-confessed, as being guilty of four charges of forgery and uttering, having penned the name of his employer to cheques of considerable value. His Honour remarked that he -would take time to consider the case, and see whether he could. accede to Mr. Treadwoll's plea for leniency. Failure in His Examination'and "Words" With His Father. Mr. T. M. Wilford, who appeared for Herbert Joseph Nelson Birmingham, a sixteeli-year-old bo.y, stated that the hd had words with his father in Australia over his (accused's) failure to pass an entrance examination to the University, and, as a result, the young fellow came to New Zealand. The lad's previous character had been excellent, and it was difficult to account for. his sudden housebreaking venture, which had led to his appearance in Court. A medical man at Norsewood would take charge of accused until his father arrived, if his Honour would grant probation.. Six months' probation was granted on the usual terms.

Cattle from Tinakori Hills, A married man, named Cnthbert William Bridge, came up for sontenco on five charges of cattle-stealing. It appeared that prisoner had driveji tlie cattle from the Tinakori Hills to the Hutt, and from there had Tailed them to Opaki, where they had browsed for some brief period upon his 50-acro farm. Mr. T. J[. Wilford, who appeared for Bridge, called four witnesses to Rive evidence as to the previous good character 'of the accused. Counsel also read a petition, signed b.v 36 residents of Carterton, nskiiiß that the prisoner should bo admitted to probation and given a chance to reform. His Honour pointed out that, when first taxed with the offence, Bridgo had not told the truth. There were circumstances connected with the offence which made it appear as if it was not the result of a sudden impulse. str. 'Wilford stated that prisoner liad a wife and two young children depending upon him. Counsel suggested that the chafes should lie treated as one offence, and if his Honour could not grant probation he might order accused to come up for sentence when called upon. His Honour deferred sentence until this morning in order that he might give the matter further consideration.

RELIEF FROM FORFEITURE. In tlie Supremo Court yesterday, in Chambers, the Chief Justice (Sir Robert Stout) had before him an application, by Ernest Bealo for relief from forfeiture of a leaso through the non-payment of rent. Mr. C. B. Morison appeared in support of tho application, while Mr. P. E. Baldwin, of Palmerstoii IS'oTth, appeared for the respondents (Tamihana Werita nnd others). The application, which was made on tho ground that there was a counter-claim, was granted. His Honour, however, directed that the amount of the rent should be paid into court, and that tho matter should bo referred to the Registrar at Palmerstoa North to inquire and report as to Beale's clnim. \