SUPREME COURT.

Dominion, Volume 6, Issue 1822, 7 August 1913, Page 9

SUPREME COURT.

MAN AT WAR WITH SOCIETY. OTHER CRIME CASES, LONG LIST IN BOTH COURTS, Much real crime, and also some crime merely alleged, occupied the attention, of ! both tho Supreme Court and the' Magi s. trate'a Court yesterday. ■ In the Supreme Court the first businoss was the passing of sentence on James Henry Sargeant. This offender had on tho previous Evening been found guilty of receiving certain jewellery stolon from tho hoiuso of Charles Jenkins, jockey (resident at levin). Mr. Justice Chapman was on the Bench. ■ The Crown Solicitor (Mr. P. S. K. Maeassey) stated that SargeanFs record contained Humorous previous convictions, . and ho was at present undergoing a. sen- , tence for theft. At Palmerston North i in November last ho had been convicted as a rogue and a vagabond; at Auckland, in February, 1908, he had received a sentence of six years' imprisonment on three charges of horse-stealing; while in November, 1902, at Auckland, he had been convicted on thirteen charges of arson and sentenced to seven years' imprisonment. There were also convictions for housebreaking and attempted houae-breaking. Mr. C. V. Goulter, who appeared for the prisoner, stated that at tho time that Sargeant committed arson ho was only fifteen years of age. Counsel believed that, if prisoner were leniently dealt with, that course' would tear good fruit.

His Honour remarked that he had read

the prisoner's petition, and hud considi ered what was best to be done. Prisoner apparently considered himself at war with society, but his Honour coulil. not take that into consideration. Taking the whole of the man's career into consideration, and also the whole of the evidence as to his character, it wm clear that he ■had shown a preference for crime. The present charge showed that also. He had been earning good wages at a flaxmill, and, if it were true that ho had lost his position through something beinr disclosed about his past life/ he could have obtained work elsewhere. On the whole, his Honour had a strong impression, that oargeant had preferred a career of crime. In these circumstances, it was his Honour s duty to impose an adequate sentence, and it was especially his 'duty to sea that prisoner was kept under restraint. His Honour could not foresee what'course m!° Boartl WOMltl but he thought that the case was one in which he might recommend the board to give prisoner another 1 chance. Sargeant was then sentenced to two years', imprisonment with- hard labour and was declared ail habitual criminal. TAPS AT THE DOOR. THE CASE AT LAMBTON STATION. It was alleged against a young man named Frnnk O'Brien Gillespie that on ? tad attempted to break' into the booking office at the Lambton railway station with intent to commit a Ho pleaded not guilty, and was defended by. Air. V. R. S. Meredith. Jlr. Macassey, in opening the case, said that, on the Sunday afternoon in question the Lambton stationmaster was in his office when ho heard, a tap at. his avli? 11 i t r°' the booking office. A little _ laterp. key was placed in the door. The stationmhster: opened'"fcho-door, but saw no one until, upon further investigation, he discovered Gillespie behind tho door in the porters' room. The explanation given by Qilleapieiwas to- the Meet that ,he .had been sent by an officer to obtain a magazine, but this statement' was found to bo false. For three years or more Grilespie had been employed by the Railway Department, and was for some time porter at Lambton station. . At tho time of the all'egod offence hp was hot in the employment of tho Department., Several witnesses gave evidence in support of the Crown case. Mr. Meredith called no evidence for the defence, but contented himself with addressing the jury.

I'ha jury retired at 11.30 a.m., and, fcrty minutes later, returned with a verdict of not guilty. The prisoner was discharged. COMRADES IN CRIME. SEAMY SIDE OF CITY LIFE. ..Companions in crime—Walter Thomas Miles and William Albert Murray, both thick-set men—figured next in tho dock. I hey were charged with assault -and robbery at Wellington' on June 18. Both pleaded not guilty. Mr. P. W. Jackson appeared for Miles, but Murray was not represented. Evidence called by the Crown indicated that, on Juae 18, shortly after 1 p.m., a young man named William Beresford entered the City Hotel and purchased a drink. The two accused came in, and, when Beresford went outside, they followed. Murray oaught hold, of Beresford and held' him- while ' Miles rifled his pockets. Beresford called out, and Miles, in order to quieten him, struck him on the mouth. Murray and Miles , finally made oil' and boirded a tramcar travelling up Kent Terrace. They were subsequently arrested on different dates by Detective-Sergeant Ca9sells. Mr. Jackson called no evidence for the defence of. Miles, but Murray gave evidence on his own behalf. Under crossexamination he admttod ten previous oon.vietions, extending from 1904 until 1912. The jury retired at 3.2 D p.m., an<J returned at a quarter to fonr with a verdiot of guilty, The prisoners were remanded for sentence. "BEER & MISSIONS." SCENE IN TARANAKI STREET. James Grennell, a seafaring man, who resides in Wellington, was tried next. Ho was charged with, assaulting Alexander Francis M'Lean, with intent to causo grievous bodily harm. There were alternative counts of causing actual bodily barm, and of common assault. Mr. H. F. O'Leary appeared for Grennell, who pleaded not guilty. M'Lean, and a friend, named William Rankin, reside togethor in Watson Street. On the evening of June 2 they went out together, and occupied tho evening with what Mr. O'Leary facetiously described as "a mixture of beer and mission." According to their own evidence, as delivered in Court yesterday, they had "three medium beers" during the evening, and visited different mission halls in Tory Street and Taranaki Street. About 9.30 P.m. they were in the vicinity of the Mission Hall in Taranaki Street, and thero saw the accuscd Grennell engaged in combat with somo other person, while other people were standing round. Grennell went up to Rankin and inquired if the latter was "looking for fight." Rankin delivered a reply in tho negative, received a blow from Grennell, and then turned and walked away. M'l/eari. was next asked by Grenrell if ' he (M'Lean) was "looking for a fight." The result of this question was that blows were exchanged, and M'Lean was pickcd up covered with blood and carried to Dr. Martin's surgery. His injuries included a deop cut in th» boss, and ha had to spend four days in the Wellington Hospital. Grennell wm arr»st»d on tlio whnrf somo days latar. The Cr«wn casa olosod last ovening, and as Mr. O'Leary intimated that ho would oall several witnesses, further hoaring was \ljourned until this morning. CIVIL CASE. SBAMEN'S MISSION BUILDING. In tho Supremo Court yesterday, before JiLs Honour tho Chief Justice (Sir Robert Stout), hearing was concluded of the case of Williams v.'the Attorney-Goncral and others. The action was for rectification of a deed of trust, and concerns the control of tho Missions to Seamen building at the corner of AVhitmoro Streot and Stout Street. Particulars of the claim

and tho defence have been published in a previous issue. Air. C. I'. Skerrett, K.C., with Alv. T. Neave, appeared for tho plaintiff (Alary Ann Williams). The Attorney-General was not represented in the action, but Mr. T. I'. Martin appeared for tiro other defendants. Tho Court reserved decision. COURT OF APPEAL. A sitting of 'the Court of Appeal was held yesterday, when the Chief Justice (Sir Robert Stout) presided. There were alao present:. Mr. Justice Cooper and Air. Justico Sim. Final leave to appeal to the Privy Council was granted in tho case of tho Solicitor-General v. the Tokcrau District Maori Land lioard and others. Mr. H. H. Ostler appeared for tho Solici-tor-General, while Mr. W. J. Sim appeared for tho Land Board.