LAW REPORTS.

Dominion, Volume 6, Issue 1748, 13 May 1913, Page 9

LAW REPORTS.

CRIME & CRIMINALS. PLEAS, TRIALS, & SENTENCES. SESSIONS BEGUN. JUDGE ON OFFENCES NORTH & SOUTH. Quito a large number of spectators filled tho Supremo Court yesterday, the occasion being tho opening of the criminal sessions. His Hononr, tho Chief Justico (Sir Kobert Stout) presided. Mr. 11. H. Ostler, of the Crown Law Office, represented tho Crown. Tho following were chosen for tho Grand Jury:—'W. H. Morton (foreman), David William Anderson, A. M. Lewis, Frank Dyer, Wm. Crichton, Francis Gormlcy, Frcdk, Arthur Barclay, Clias. Wm. Chilmau, Hy. Jas. Ivory, J. E. Fitzgerald, J. H. Halliwell, J. L. Arcus, E. B. Bristow, Harold Muir Thirkell, L. TVhitcombe, Robt. Hunt, Arthur Young, John Prouse, Chas. Baker Bowie, D. K. Blair, C. A. Richardson, J. B. Palmer, and Fortcscuo Wright. His Honour's Address. In his address to the Grand Jury his Honour pointed out that, while none of the oharges were of a serious nature, still, when the number of persons who had pleaded guilty come to be considered it was clear that the number of criminals here was far in excess of what it was in southern districts. Therefore, as far as crime in the district was concerned, he could not say that there was any decrease, though he would not say there was an increase. Tho cases on the list were of the usual nature. Only one, in his Honour's opinion, called for special comment. That was a charge against a man for having assaulted another and caused him serious bodily harm. ,There were two other assault cases, but this one was different from the others. Hero the witnesses for the Crown agreed that the man, who was assaulted, was the aggressor and that tho accused only acted in self-defence. There was the additional fact that accused had used no lethal weapon. _ The injured man had been under the influence of drink and probably lio might not have suffered such serious injury but for that. If the jury believed that the injured man was not assaulted and that accused merely acted in self-defence, their duty was clear. The other cases on the list wero all briefly referred to by his Honour befcte tho Grand Jury retired to consider them. True Bills. True bills were found in the following eases:—Allan Moody and Harold Bronson, alleged conspiracy to defraud: Patrick O'Donnell, alleged wounding with intent to do grievous bodily harm; George Williams, alleged perjury; Samuel Francis Aitken, alleged perjury; Vincent Furniss and George Patrick M'Namara, alleged assault causing actual bodily harm; George Butler Lusk, alleged theft (ten charges); and Carl Pederson, alleged breaking and entering. No Bill. No bill was returned in tho case _of Fitzgerald Clifcrk, alleged assault causing actual bodily harm, and no bill also in tho case of/waiter Litchfield, alleged oausing threatening letter to be received.

HALF-CASTE MAORI. HABITUAL CRIMINAL AT 21. Before any of the "trials were proceeded with, several prisoners, who had pleaded guilty to offences at different places, wero brought tip for sentence. Two charges of theft at Waitara were against a half-caste Maori named William Duncan, alias "Billy Eriwata," who appeared in, 'the dock. Ho had also admitted a charge of breaking and entering and &eft, as well as a charge of forgery and uttering. There were altogether eevou previous convictions against him, and, on one occasion, ho had been sentenced to two years' imprisonment for a sexual offence. No counsel appeared for him yesterday, and he had nothing to say on his own behalf. His Honour, after referring to tho difficulty which ho experienced in dealing with accused persons such as Duncan, who was only 21 years of age, imposed a sentence of two yeaiY imprisonment with hard labour, and declared the prisoner a habitual criminal. It was a sad thing, his Honour concluded, to see such a number of Burnham School- boys continually coming before 'the Court. His Honour did not know why it was, but ho supposed that it might be due to such a number of bad boys-being collected at the school. Burnham did not appear to liavo done the present accused much good, and it was a question whether some other system of reform —something like the George Junior Settlement in America—would not have to be adopted. TURNED ON HIS FATHER. PLEA' OF YOUNGISH BURGLAR. Glyn Ivor Hazel, aged 19 years, had pleaded guilty recently to two charges of breaking, entoring, and theft, and, when ■ he appeared for sentence yesterday, Mr. ] V. R, Meredith had a few words to say on his behalf. Counsel stated that the lad I had come out from Homo with his parents | a few years back, and three years ago, as a result of a "row" with his father, ho j had been turned adrift. I His Honour: AVhat was he turned away from home for? Sir. Meredith said that the lad had informed Mm that his father had insisted that he was to go 'to a hotel for drink, and, because of his refusal to do so, ho had been turned ont. Counsel mentioned that, at tho time of tho offences, tho prisoner was practically starving. His Honour remarked that that would hardly account for tho serious nature of the offences. As the prisoner was young, however, his Honour considered tho best thing would be to impose a sentence of reformative treatment, 1 and order that Hazel should bo sent to Invcrcargill. Tho eonteuco passed would Le a long ono (four years), but it would not necessarily mean that he would havo to servo it all, because the Prison Board would have power to release him. "ONLY THE PRISONER'S AGE." SERIOUS OFFENCE. An elderly man, named James Miles, who had been committed for sentenco from tho Magistrate's Court at Hawera, handed up a written statement to tho Judgo when nsked if .he had anything to say why sentence of tho Court should not bo passed on him for attempting to carnally know a giirl fourteen years of Honour said tho prisoner bad asked to be treated leniently. The utmost punishment that could bo inflicted was five years' imprisonment, and it was only the prisoner's age, combined with the fact that he had not been before the Court before, wh/ich weighed in his favour. Tho offence was all the more serious because the prisoner's victim was practically an imbecile. The sentence of the Court would be four years' imprisonment with liani labour. GUILTY OF RECEIVING.

SEQUEL TO ANOTHER CASE. Thomas Darroch had pleaded guilty to a charge of receiving stolen property. Ho had been a steward on the steamer Essex, ami lind received jewellery from the prisoner, Hfl7,el, who had been sentenced earlier in the morning. The arrest of this prisoner had been cDected at Port Chalmers. . Mr. U. F. O'Leary, on prisoner's behalf, pointed ont soino oxtonusitinß circumstances, and handed up to tho Hench somo references which i > l \ appear that, in Glasgow, Darroch had hud the reputation of being "intelligent, steady, and a good worker." His discharges from various steamer? wore \oiy good." Counsel asked that his Honour would grant probation or givo the accused a chanco by recording a conviction, and ordering him to corac iip for sentence when called udoh. Already

Darroch lmd been in gaol six weeks awaiting sentence. . In consideration of the prisoner's youth, and tho fact that ho hnd owned to tho oifeneo when charged with it, his Honour thought tlml it would lie sufficient to order that ho should appear for sentence when culled on. DOUBT AS TO SANITY. J!AN TO COME Ul> ir CALLED, When George Waters was called on to appear, Sir. U.stler reported that tho prisoner was detained in a mental hospital. At the last criminal sittings of tho Court Waters had pleaded giiilly to a charge of breaking, entering, and theft, but Mr. Justieo Chapman had somo doubts as to the prisoner's sanity, and therefore postponed consideration of his case. When it was yesterday reported that Waters was an inmate of a mental hospital, his Honour tho Chief Justicc said 'ho would merely order him to come up for sentence when called on. FIRST CASE TRIED. THE SPORTS, THE DANCE, AND AFTER. The first trial proceeded with was that of Carl Pederson, a farm labourer, who was,charged with breaking and entering a storo at Mauricevillo West. Mr. M. Myers appeared for tho accused, who entered a plea of not guilty. Evidence called ior the prosecution showed that on the night of March 25, Lars Maiso.i'a storo, at Mauricevillo West, was broken into and somo cigarettes and tobacco were taken. In addition, some of tho crockery was broken and strewn about the floor. Carl Pedersen had visited Mauricevillo tho previous day to compete at the sports there, and had remained for a dance, which was held in the evening. The following day ho was returning homo on his bicycle, when ho was arrested by a police constable from Eketahuna. At that time lie had cisarettes and tobacco in his possession. According to the constable, Pederson had said when arrested: "I can't understand why I did it. I must have been maddened with drink. I am sorry for old Matson, he is a decent old bloke." After this Pedersen handed the constable cigarette tobacco and cigarettes, but could not account for being in possession of them. Mr. Myers called several witnesses for the defenco yesterday. Tho accused declared that ho had been drinking heavily after tho sports on March 25 and had no clear recollection of what happened. He did not discover the cigarettes and tobacco in his possession until about ten minutes before tho police camo up. Other witnesses testified to peculiar behaviour on the part of the accused on tho night of tho robbery and on tho following morning—one witness' declaring that he appeared to be mad and others that he appeared to be very drunk. At 3.55 p.m. the jury retired and after deliberating for over an hour they returned to Court. In answer to a question as to what was tho verdict, the foreman said: "Wo find him guilty on tho second count of stealing. But at the same time we beliovo he was irrcsponsiblo_ for his actions owing to the amount of liquor lie hnd consumed. Wo therefore vccoinmciid him to mercy." Mr. Myers: I submit that that is a verdict of not guilty, your Honour. His Honour thought otherwise. Do you find him guilty of stealing—of knowing that he was taking tho things? he inquired from the foreman. Tho foreman assented. Mr. Myers considered that before replying the foreman should havo consulted the other membors of the jury. His Honour put tho question to other members of tho jury and no dissent was expressed. . . , . . The prisoner was then remanded ior sentence, tho learned Chief Justice remarking that'' ho would give effect to the jury's recommendation.

FARMERS' SQUABBLE. I SHOOTING CHARGE IN PIiOGBKSS. | An occurrenco on a farm near EketaI huna on March 16 was responsible for the appearance in the dock of an elderly carried man, named Patrick 0 Donnell. Ho was charged with wounding with intent to do grievous bodily harm and pleaded ust guilty. Mr. M. Myers appeared for tUo defence. Mr. Ostler, in opening the case for the Crown, informed the iury that 0 Donnell was cl farmer near EKctalruna. One of his neighbours was a man named Fraser. Apparently there was "bad blood between them and ninjbo the jury would form the opinion that the trouble was all Eraser's. On Sunday, March 16, accused was driving sheep along the road and saw the man Fraser by his (Fraser s) house. , o'Donnell called out to 1 rasor and told him that the next time that he had any complaint against any ot his (O'Donnell's) sons to come to hi in ana not to go chasing the sons about. By way of reply, Fraser made an insulting remark. and threw a clod of earth at O'Donncll. The latter called out to one of his sons to go and get a gun. and Fraser thereupon retired into his house. While standing near his door, ho heard the sound of a guii, 'and a pellet struck him in the, forehead. He subsequently informed the police and the next day some seventy pellets were extracted from the houso. Later on a doctor extracted a pellet from Fraser's forehead. Evidence for the prosecution was given yesterday afternoon by William Eraser, the informant, and by Constable Gray, of Ekotabnna. This closed the case for the Crown, and at 5.35 p.m. the further hearing was adjourned until 10 o'clock this morning, the accused being admitted to bail on his own recognisance.