LAW REPORTS.

Dominion, Volume 6, Issue 1826, 12 August 1913, Page 3

LAW REPORTS.

OFFICER'S TRIAL. THE CASE OF JOHN H. SMITH. TAKEN IN CAMERA, JUDGE'S COMMENT &' ACQUITTAL. Reference to the case of John Holdswortli Smith—a Territorial officer ivho had been, tried on.charges .of committing an indecent act and'ail indecent assalt—was made by Mr. Justice Chaxmian irt' tho Supreme Court yesterday. His Honour has ruled that the verdict of tho jury entitles Smith to an acquittal. "As this case was tried with closed doors, I wish to explain tho course that has been taken'," taid liis Honour, in ■ announcing his decision yesterday. "The ovidence, which was properly withhold from publication, was mainly that of several young lads. It was obviously truthfully given, and accused did not go into tie witness-box or otherwise contr(i'dict' any 'part'- of it. The statements mado ■by these lads were undoubtedly true, and their conduct in the matter reflects great credit on ttem. An attempt was made to show that Captain Frandi had influenced them, or had influenced the course of the proceedings. There is not a particle of foundation for this or. any suggestion to the detriment of that officer. Tho jury returned the following verdict: "Not guilty on counts for indecent assault; guilty of wilfully exposing, but without criminal intent.' As I did not wish to hastily decide the effect of this, I took time to consider whether it was necessary to reserve any question for the Court of Appeal. I am satisfied, however, that it is not necessary so to do. The verdict negatives oriminal intent, and this entitles tho accused to an acquittal. I have had an opportunity of consulting 3lr. Justice Edwards and Mr. Justice Sim, and they agree with, me as to this. - Judgment to this effect will.'accordingly be entered. Tho recognisance given for tho appearance of the accused is vacatcd." THE PROWLER, SIX YEAKS OP QUIESCENCE. "In these cases of what I call suburban prowlers—theso men wlio hang about the outskirts of the town and interfere witn boys and girlsr—l invariably inllict very heavy sentences," remarked Mr. Justice Cliapman yesterday, wnen dealing with Edward Patrick Madigan, !!G years of age, who had pleaded guilty last week to a- serious assault. The prisoner had been remanded for medical' observation,, and whon the Court sat yesterday, his Honour handed tho report of the medical officer to Mr. P. W, Jackson, counsel for the prisoner. ■ ; Mr. Jackson, after perusing, tho report, remarked that the case emphasised the need for some placo that was not a gaol nor yet a mental hospital. His Honour stated that the courso which he proposed to tako was that which was best in the interests of the public, and—in the long run—of the accused. In "cases like tllis, wlicro there was some weakness/ though not amounting to insanity, the proper thing to do was to sentence the prisoner to a htalthy course of treatment. Bat tho sentence must be for a period that recognised the enormity of the offence. Mr. Jackson submitted that while the . offence was a very serious one, tho ac- ' tual 'act was not very serious. His Honour: Oh, yes, it was. It indicates a very perverted mind, and men who commit offences-of this kind can only bs regarded as very dangerous characters.

11l addressing tho prisoner, his Honour said that in a similar case a of ten. years' imprisonment had been imposed, but, in this case, his Honour did not propose to mako 'the sentence so long, becausa the prisoner's general character had boen. good, and, to soma extent he was not in full control of himself. He would not be sentenced to hard labour, but would be detained for six years for reformative treatment. His Honour added that, at an early date, the prison authorities would • consult tho proper medical authorities to. see what should bo done in cases such as this. He would send a report from the Bench to the Prisons Board, so that investigations could be made. WOMAN'S CLAIM. A oase set down for hearing in tho Supreme Court. yesterday was that in which Ida" Davidson claimed .£2OOO from Cecil Charles Maguire as damages for : alleged seduction. A settlement in the matter had been arrived at out of Court, and a jury was not called upon to hear evidence. CIVIL BUSINESS. ' A Wanganui case, which camo before his Honour Mr. Justice Chapman in. the Supremo Court last month, was the subject of a reserved decision delivered yesterday afternoon. It was an action in which the plaintiff was Robert Harold Daveney, farmer, of Urunui, and the defendant, 'William Lucius Carey, builder, of Marton. At the hearing Mr. A. Gpay, K.C., with Mr. 0. Beere, appeared for Daveney, while Mr. W. J. Treadwell, of Wanganui, appeared for Carey. Tho claim -arose out of an exchauge of lands, plaintiff (Daveney) -having exchanged a farm at Mercer for certain properties belonging to the defendant at Marten. After the deeds had been signed and possession given, it is alleged that defendant rescinded the contract, and plaintiff (Daveney) therefore clainted to recover .ESGS damages'in respect of the rescission. On the other hand, the defendant counter-claimed tho sum of .£586 .'ls. lOd. Ho alleged, that he suffered damages to this extent in consequence of misrepresentation on the part 'of' the plaintiff as to the condition of the plaintiff's title to the Mercer property. In the first instance, tho case was heard before n-iury of twelve at Wanganui, but tho only issue submitted to the jury was the amount of damages. The jury awarded ,£3lO to the plaintiff. Legal argument on the various other phases of tho case took place at Wellington on July 5. Yesterday his Honour held that Carey had no defence to the action. Judgment was accordingly entered for Daveney 'for the amount awarded by the jury, together with costs and witnesses' expenses.