LAW REPORTS.

Dominion, Volume 6, Issue 1752, 17 May 1913, Page 3

LAW REPORTS.

SUPREME COURT. THE MEN WHO MOLEST CHINESE, COURTS TOO LENIENT. OPINION OF CHIEF JUSTICE. Two young men—Georgo Patrick M'Nanura and Vincent Furniss who on Wedlesday last liad been found guilty in tho Supremo Court of assaulting a Chinese in Frederick Street, were brought up for senence yesterday morning before tho Chief [ustico (Sir Robert Stout). Mr. H. H. Ostler, of the Crown Law )ilice, represented tlie Crown, while Mr. F J. M'Urath appeared for M'Namnra, lid Mr. 11. J. Fiugibbon for Furniss. Pleas for leniency were made by counsel on behalf of both accused. His Honour remarked that the offence vas ordinarily a serious one, a lid (in this ■ase) more serious because it had been »inmitted on Chinese, i In his Honour's ipinion these oifences had, in the past jceu treated too leniently both in this Jourt and in the Magistrate's Court. Unerring to M'Natnara, his Honour said ;hat he appeared to have borno a good (haraoter, to have been the sole support >f a widowed mother, and tho jury had 'ound that he was less culpable than Furniss. He would not be sent to gaol, >ut the conditions of his probation would >e stringent. Ho would bo granted pro>ation for twelve 'months, during which jeriod a prohibition order was to issue igainst hiui. Moreover, he would not be jermitted to visit Frederick Street, Hailing Street, or other localities where Chin>se resided. For tho first half of tho projatiouary period ho would not be permitsd to bo out after 8 o'clock at night uness by permission of the Probation Offl;er. Furniss, against whom there were prcrious convictions for assault, was een;enced to nine months' imprisonment with lard labour, his Honour recommending hat the prisoner be sent to a treo-plant-ng camp. CIVIL FIXTURES. A oh amber sitting of the Supreme Court vas held yesterday morning, when some ixtures for the civil sessions were made »y the Chief Justice (Sir Robert Stout). >ses wei;o fixed as follow:— . Monday, May 19. 9.30 a.m.—Undefended divorce case 3. 11 a.m.—James Bernard Pigott v. At;hur Warburton, senr., and Egerton Warjurton (before a judge and a jury of 'our). , To follow the above case.—Daphnie Bell Bull v. William Allan (before a Judge ind a jury of four). Tuesday, May 13. Henry Shapcott and Sophia Frances shapcott v. Melville Honeyman Robertion (before a Judge and a jury of four). Other fixtures will be made later in tlio session. IN WHOSE CUSTODY? A - somewhat unusual proceeding was heard before, his Honour the Chief Justico (Sir ltobort Stout) yesterday in regard to the custody of a child, Thelma Park Gilbord. Recently, the father of tho child obtained a rule nisi calling on the undo to show cause why a writ of habeas corpus should not issue -to bring the child into Court, there to abide the decision of the Judge as to the question of custody. Mr. T. Neave appeared for the father, and Mr. A. R. Atkinson for the uncle (a Mr. Forbes). The-parties all belong to Wanganui, and after somo brief discussion, his Honjur adjourned the case to that town, fending tho licaring, the child could ronain with the uncle. IN DIVORCE. Evidence in tho undefended divorce case -Mary Elise Neill v. Thomas Neill—was leard .before tho Chief Justice (Sir Robirt Stout) yesterduy morning. . Mr. C. B. ilorison, K.C., with Mr. M. J. Crombie, appeared for the petitioner. It appeared that the parties wero marked at Auckland in 1599, and afterwards ived at Durban, South Africa. After ;ome years' residence there tlie petitioner with the consent of her husband) retum>d to New Zealand. Tho husband had lot since jonied her, and she had not iiiard from him since January, 1901. The case was adjourned for further evilence. MAGISTRATE'S COURT. (Before Mr. W. G. Riddoll, S.M.) OUTRAGEOUS ACT. HORSE'S SHOCKING ORDEAL. In too" Magistrate's Court yesterday Georgo Bradloy was charged with having cruelly beaten «. horso. Mr. R. B. Williams, who appeared for the S.P.C.A., said that a feature of the [lase was tho deliberate brutality of tho accused. Albert Hemy Hunt, a railway officor, stated in evidence that he was passing along a street and saw a good number of people collected round a vehicle, ono wheel of which was in tho gutter. The driver (defendant) ivfcis lashing th-e horso, and afterwards use tho butt end of tlio whip. Then, after the horse had moved along, defendant deliberately stopped tho animal and belaboured it with a pieco of brokon shafting several inches in circumference. The thiUshing ho gave tho horso was outrageous; the Blows wero so heavy that the horse groaned under every one. The blows fell across the horses ribs. ' Bradley was fined <£5, with costs £.2 12s. He denied that he had treated the horse as cruelly as w»3 alleged/ WORKING SICK HORSE. John Kelleher was chbrgod with having ill-treated a horse by working it while ft was ill. Mr. R. H. Webb appeared for ifcho S.P.C.A. Tho defendant pleaded not'guilty, but after hearing evidence tho Court imposed a fine of £3, with costs £2 155., in default 11 days' imprisonment, ILLEGALLY SELLING BEER. James M'Bonald was fined £5, with costs 75., for hlaving, without a license, sold beer. Tho police stated that the beer was sold from a house, tho occupier of which had previously been convicted of sly grog-selling. Fourteen days' time for tho accused to pay the fine was'allowed, and tho default was fixed at 14 days' imprisonment. DANGEROUS CYCLING. H. Scott, who. was said to havo made a practico of, while riding his bjcycle, catching hold of a tramcar so that he oould bo pulled up Duppa Street hill, was prosecuted. Mr. E. M. Beeehey, whe represented tlio City Corporation,. Isaid thiat tho caso was brought to make it clear that this dangerous .practico must bo stopped. His Worship remarked that tho defendant should know that thero was an element of danger in tha practice. ' Scott was ordered to pay Court costs 7s, RULES OF THE ROAD. Harry Tarpley was oonvicted and discharged respecting a cliavge of his laving ridden a bicycle without a light in Adelaide Road. ... ... Frank Pettengell was fined 55., with costs 9s„ for having driven an express on the wrong sidb of Willis Street. John Jlorley was ordered to pay cosfe (75.) for having driven a trap round the corner of Cti.ba and Manners Streets at inoro than a walking pace. OTHER CASES. As tho persons responsible for t.lie condition of <hinmeys which caught fire, Mrs, Atmfe Petley, Mrs. E. Gnudrey. and Airs. Mary Wilson were each ordered to w court costs (75.). . Mts. Martin Williams was convicted, ol 1 ha vine foilsd to pAy ft .trwn fare, Bh« irw

ordered to pay costs (135.). Other particulars of this uaso nro reported under another heading. Gtorgina l'errott was sentcnccd to one mouth's imprisonment for having importuned in ft public street. Patrick Cavanugh was fined £2, with costs 75., for having £okl milk from mi unregistered dairy. CIVIL ACTION, KBefore Dr. M'Arthur, 8.M.) > BOOT UNION OA9E. The Now Zealand Federated Trado Industrial Association of Workers claimed a XlO penally against Hobsrt Hannah and Co., ooot manufacturers, for an alleged breach of tlio Now Zealand. Male Hoot Operatives' Award. Tho alleged breach was eaid to have consisted in tlio action of tho defendant company in dismissing Kowley Edge, a lasting operator, who was a unionist, and employing John Durford, a non-unionist,-in his place without first communicating with the uuion, and well knowing that a number of competent unionists wero unemployed. The union also claimed .£lO penalty for defendants' employing a non-unionist (George Issitt), well knowing that a number of competent unionists wore umein¥i, i. O'Regan appeared for the union, and Mr. A. Blair for tho defendant company. Decision was reserved.