LAW REPORTS.

Dominion, Volume 6, Issue 1824, 9 August 1913, Page 14

LAW REPORTS.

SUPREME COURT. TERRITORIAL OFFICER'S CASE. IN CAMERA.. THE JURY'S SPECIAL FINDING. ' When tie criminal sessions of the Supremo Court were continued yesterday rooming, the trial of John Holdsworth Smith, a Territorial officer, charged irith committing an indecent act and indecent assault, was resumed. Mr. Justice Chapman was on the Bench, and Mr. P. S. IC. Maoassey, represented tlio Crown. , Mr. 11. Myers, with Mr. T. Ncave, conducted the- defence, while Mr. E. C. Levvey watched the coso on behalf of eomo of tlio witnesses. His Honour had previously made an order, clearing the court and prohibiting the publication of evidence'. The jury retired at 12.30 p.m., and returned four hours later with a vcrdict of "not'guilty"' o'n tlio charges of indecent assault. On the other count tlio jury's verdict was "guilty of the act without criminal intent." Mr. Neiive: I submit, your Honour, that that is a verdict of "not guilty." His Honour: I will have to consider 'that, and perhaps state a case for the Court of Appeal. Mr. Neave: I submit that the proper courso now is to discharge the prisoner, if your Honour is going to reserve tho question for the Court of Appeal. His Honour replied that ho did not proposo to detain the prisoner in custody.. It was, however, a special fiuding, and would have.to he considered. Mr. .Ncave suggested that his Honour should release the prisoner on tho same .bail as previously.

: His Honour agreed to this, and Smith Was accordingly released and bound over to appear if required in November. His Honour intimated that 'lie would consult the other Judges in Wellington, and, if tliey were of opinion, that the verdict was 0110 of acquittal, and not arguable, then he would release the sureties, BAR SCENE. WHAT BEFEL IN THE ROYAE TIGER. A fruit-hawker, named.Walter Thomas Miles, was arraigned on a ohargo of assault and robbery. It was alleged that on June 5 last he assaulted Jesse Underwood in the Royal Tiger Hotel and robbed him of a purse and money amounting to £2 as. Ho was also charged with having committed ' the theft in company with Gome person unknown, and thei;o was an alternative count of theft. Ho pleaded not guilty, and was defended by llr. P. W. Jackson. Evidence for tho prosecution was to the effect that, while TJndenvood was in tho bar of the Royal Tiger Hotel, and under the influence of liquor, Miles snatched his purse, and subsequently cashed a .£1 note which'he-had taken from it. . No evidence was called for the defence, and tho jury, alter a brief retirement, returned with a verdict of "guilty on tho charge of theft.'" •' DANGEROUS MEN. PUT "OUT OF ACTION" BY COURT. William Albert Murray -was then put into the dock with Miles. On Wednesday they had both been found guilty of a . charge of assault and robbery in the City Hotel. • .'■Mr. Jackson stated-''ttiis ii-was Miles's first serious lapse, although there were minor convictions against "him. He was a married man with a respectable Wife and , fivo young childrn. Drink had been the cause of his fall on every occasion. , Mr. Macassey stated that the police report showed that both jvere men of lxid character. The convictions against Miles dated from 1908 to 1912, while Murray's record was worse, dating as it did from 1904. . In passing sentence his Honour menfp'onec}. that both prisoners had clearly shown themselves to be men of'.very bad character, and he was. going to deal with them as men who had shown a preference for crime. Miles would bo sentenced to 18 months' imprisonment on the charge of stealing;'this' term to run concurrently with v a ; sontenco of, 18 months' imprisonment with" hard labour oh the charge of assault and robbery. At the end of his sentence hfe woul<| be detained for two years for reformative treatment. Murray was sentenced to 18 months' imprisonment and declared a habitual criminal, CASE FOR DOCTOR.., PRISONER'S STATE OF MIND. Edward Patrick Madigan, 20 yeafs of age, pleaded guilty, to a charge ot assault of a certain nature. .. Jlr. P. W. Jack-.' son, who appealed for the man,' suggested that lie should- be medically- examined-as to his mental condition. His Honour concurred, and tho prisoner was remanded for sentence until Monday, LAST OF LIST. ' . This morning the last case on the criminal .list will bo dealt with, when two men named Donovan and Lewis will be charged with "housebreaking at NortliI land, . ■'