LAW REPORTS.

Dominion, Volume 7, Issue 1989, 20 February 1914, Page 11

LAW REPORTS.

SUPREME COURT,

THE PENALTIES OP CRIME

UNPLEASANT CASES,

REMARKS ABOUT FLOGGING

'Nine' prisoners were sentenced by the Chief Justice (Sir Eobert Stout) in the Supreme Court yesterday. Bernard Smith, -a middle-aged man, had pleaded guilty to a charge of having indecently assaulted a little girl. Mr. C. Watson (for the prisoner) Baid that although Smitli had been twice previously convicted, ho was, except for this failing, a hard-working, conscientious man.

His. Honour said that he could have dealt leniently with the'' prisoner but for tho'fact that on April 28, 1909, he had been sentenced to five years' hard labour for a certain assault on another child. There was also a previous charge of dishonesty. Prisoner had repeated the offence of assault when he could not have been out of gaol a yoar.. "I shall not in this cass"—said His Honour; "I have never done' it yefc-r-but if this continues it will have'to be done. lam afraijl I' shal 1 have to resort to the' prnishing of those guilty of this class of offence'by ordering'that thoy shall be flogged.'.' Prisoner ■ vf'a's sentenced to imbrisonrnent for seven years with hard labour,

His Honour warning liim that if ho offended again "he would be declared ah habitual criminal, »nd tht|t if that hap-' pened he would not be likely to be at, large again. '•• > '-.'' Fond of tho Races. diaries Vivian Porteous, " a young man, convicted of having stolen moneys' from his employer'at Paekakaiiki, 'was admitted to probation for two years'. • Jlr. H. F. O'Lear.v, for the prisoner, reminded His Honour that the.jury had recommended the man to mercy, and in view of the fact that the, report of, the police and of the probation officer .wore good, he would ask His Honour to extend to the accused the provisions of the First Offenders' Probation Act. .. His .Honour dealt with tlio prisoner as. counsel had suggested, but His Honour, said that it appeared to him that the accused had got into his trouble by following up {racecourses. If -he wished to live a good and a happy life he' would have to dissociate himself from that class of amusement.

•<■ v A Light sentence; Thomas Coffey, a .young man, recently arrived in' New Zealand, stood convicted of a certain assault on a girl of tho age of 13 years. •. For the prisoner Mr. H. F. O'Leary pleaded for leniency on the ground of his age, .23 years, aiuTof his previous good record. •'.'■■ ' ' His Honour said he would take into account t;ho fact-that accused had . nothing agairtst him, and that he had notdone 'what was 'frequently done—gone into the witness-box and committed n,or- . jury. Ho would make, the'sentence exceedingly light. Prisoner was Sent to. gaol for three years...-. • .; :....-." .... ; . i i: I j[ S flB!ot ctljGo/kI jßoccird,-.. man'lJast middle'life', appeared-ior sentence on a conviction of theft from the person at Featherston. '.•' ," : f<ir- the^ac-^ '■' cused, said that- prisoner had only boon* convicted once previously (and-that by on a charge of false, 'pretences. PriovHo that' offence'he had resided for 20 years in tho country without anything being recorded against 'him. Mr. Card asked His Honour also to consider, the fact that the accused had bcpn'in 'gaol for six wei:ks. ■' •'_"

His Honour said n was pity to see. an-old man beuce the Court having been so long in <l;e country with'-a clean record. TV. prisoner must recognise as. 'Ie (His Honour) thought -very few of :/i!r citizens recogrised, thrifc indulgence in liquor, oven in small quantities, tended to'reduco a" man's will power. He would deal leniently with the prisoner on'account of his age:. ■'"'•. ' Collins was sentenced .to' imprison.hient for six months with hard labour. Railway Steward's Crime. : Sidney Hull,, the railway steward who had been found guilty on the previous day of certain offences . against' two ■railway cadets,'was also sentenced, r Mr/T. M. Wilford asked for leni- . ci.cy on the ground of preyiins good . character.- Ho would also ask His Hon- •. ,riir to take into account the fact that accused was a married man- with a young wife and a child, who. had not a ccul to look to for help. _ His Honour told the prisoner that he was liabb-'to 'a very long term of imprisonment for.the offence of which he stood convicted. On account of his previous good character,' however, lie woukl.be given'a very J-a* t sentence. .': Hall,was scut meed'l<: imprisonment' for oiio .year. / .A Lenient Jury. David Jlenzies was sentenced for criminal attack upon a little-child of eight years 'of age. Mr.'. W. A. , Sim, for the- prisoner, • urged.that notwithstanding the gravity of the Honour would oe'jus-■tifiod-'-in■'passing' a light sentence. Ac-' cused ''ha'd. eohunittod--' ther'crimo' while under the influence of liquor. His Honour said he-had power- under .the law'.to 1 declare -the prisoner, a 1 habitual criminal, but lie would refrain from doing so becauso the man had kept out of the clutches of tho law since, 1910. He could.not, however; overlook tho fact that he had acted, in a very ''disgraceful way. The jury had found, liim guilty.on tho lesser charge against him, .but the • fury would: have been 'justified in treat-' . ing the.accused more severely. Probably .the jury- had desired to take' a : lenient / view of the case. ..'Prisoner was sent down for five years.

A Serious Grime; ■ . William.Birch, who was convicted'on Wednesday of a certain offenco against' a giH'of eleven years of age, was presented for' sentence. "'. . ':' Mr. T. M.' Wilford' said 'that he had nothing to remark on behalf of accused. '■• ",.'. . His Honour stated he was ■not going t'n inflict.;the full penaltv.of .the. law. Prisoner's .past character had' been very eood. and it was very extraordinafv that he should bo, guilty of such an offence. Birch was sentenced to imprisonment for three years and a Half. . Partners In Theft, Two young men named Thomas O'Ncil and Frederick Sheldrake stood convicted on their own pleas of Breaking and entering and theft. According to the. account given bv' himself, Sheldrake's share in the affair had been to receive £4 —half of-the result of the robbery. Sheldrake* was sent* down for six months. O'Neil, whof/O record was not good, went to gaol for two years.

CASE ON APPEAL •LOWER HUTT HOTEL DEAL. An appeal from the decision of Mr. J. S. 'JCvans, S.M.. was leard at the Supremo Court .yesterday, before Mr. Justice Hosking The appellant was Rfchnrft Cuinni flower Hutt: hotolkeepor (defendant '.in the Court below), and the respondent. M. Demuth and C 0.,, of

Wellington,-land ami commission agents (plaintiffs in the Court below), Mr. T. Voiing appeared, for the appellant, and Mr. D. M. Fitxllay for the respondent. .In the Magistrate's, Court plaintiff claimed to recover the sum of £100, commission oil the sale of the ant's hotel, or, in the alforimtive, damage for breach of the agreement to give textile plaintiff tiio eiold' right to sell.the said hotel up to Monday, September 29 last. The magistrate held that the plaintiff was the agent of tlio defendant under a special authority to sell to a Mr. Tucker for .£2400, and a point of the contract was that the aj>oitcy wag to last till noon on Monday, .September 29. He, was satisfied that Tucker was ready and willing to. Buy. the' hotel on the Saturday before the.Monday set out in the agreement, ami had expressed a willingness to the plaintiffs. Ths plaintiffs .actively continued - to try to effect a salo after receipt of the wiite of a,c-. coptaiicei and wo'tild have been able tx> completb, arid earn the. agreeiS coniiniKsiqn, had it hot been for the' breach of contract of' agency by the sale, by defendant, to one iiossi..on the Saturday previous to Monday, Sejitetnb<>f 29. The magistrate accordingly"glive juctgriient to plaintiff for £100, and it was from this decision that the apjeal was made. ' j. In support of the appeal, Mr. Young Bajd that it appeared to. be a conflict between tiro agents, they claimed that the sale to Ross wa.s.effooted by Messrs. Dwaii Bros., and £100 commission was paid to that firm. Decision- was reserved.

" TIMES " V. " XVS MINION," An application for leave to deliver interrogatories.was made befors His. Honour the Chief Justice-/ Sir R.ohert Stout, in the .Supreme Court yesterday morning, by. the defendant in the libel case "New Zealand Times" v.Tht. Dominion, Mr. 0. B.Moriso.n, g JO., with ten Mr. M. Myers; appeared ift support of the. .'application, and, Mr.. O. IV Skerrett, K.C.j opposed;:.-The interrogatories ask" ed were in the direction of ascertaining details of the circulatioff of the. i? i*iine«" from the beginning'of the strike and. details of .the advertising business of the "Times'' before' arid after the piibfie'a" tioii in -The Dominion' of the article complained, of. The argument will be resumed this morning.

MAGISTRATE'S COURT. *

THE.DESCENT ON THE CHINESE; • 111 of a descent by the Mount Cook police cn saitMo bo occupied by Chinese fis Ksmin-J houses, four Chinese- and three Eur<ip'eans .appeared yesterday before Mr. Fi. SV. Burton, S.M., ih'tho Magistrate's Court yesterday. The' defendants were All Qiiie, who was charged, with having kepi No- ;40 Haining as a common gamins house; Kow Kee, similarly Sharped respecting No. 149_ Taranalu Street; All Shew, charged with hjving assisted _in the management of a lottery, and with having btoi found in No. MO Taronftki Street; Janles Stephens. alleged to have been found'in No.. 140 Taranaki Street; and Alfred Dryrlon and Joseph Molioy. alleged to havobeen found in No. 40 Hniiiinp Street. Mr.' J.'F. W. Dickson, appeared for the Chinese, for wliom lie asked for » week's remand. This was crraiited, aria bail was fixed at £00, whirli t.o bo deposited, with the Court. ; iStenhens; Drvdeiu and Mollov wows, earth fined £2, in default thrco days' imprisonment.

'"'ifeerfard who is tlfo'Supreme Court on a charge of tho theft of a motorbicvole, appeared .to answer "counts of ha.vino- failed !to provide • for his wife ;s{a| child, who; are, at Jpuittdin,- f»ml 1 \ritll haviftg fitoleiTa fcun°ftom the ketch Dewron in January. 1912;.'' He was- remanded ,-till; , Wetfiwsday next, so that' sentence>'ma£ : in tho meantime be passed in tho. 'Supreme- Court on him. The police wilt.then ask for his remand to Dnncdin..'" MISCELLANEOUS. ■WilHnm Shannon, a, iSoamnn, was sen* teheed to ono month's- imprisonment for deporting the steamer Rotorus. The act W!>s committed at L.vttelton. Mid the defendant, had to be replaced at a. hitcher rato of pay than he was receiving. " , For .insobriety, Arthur Matmmg was sentenced to one month's . Michnel Krarv. who was charged with having b«en found lieWessb" 'Trunk, was reminded for a week's medical, treatment.

CIVIL SIDE. j THE UNDEFENDED OASES. In the following '•ases Mr,' W. G. Riddcll. SAL. witpvhd ji'fkittent.fir the nlaint'iff* hv'dcf.-"!*.:—Bat** and Le«-. v • \. Ketone. fIP T2s. Sfl., costs, />? >!«.- Smi*H <"id S"''th. Ltd.. v. T. B_ M'Con"o)l. £7' 7s. Sri., oojst-s'fil 3s. 6d.; Bing, Harris, nnd CK, Ltd.. v. R. Armr.t.rciV. £41 14.=. Rd.,e-.ts £9 H?.; H«r,n- Hughes. T,t<l., r. \V. J. NuttMi. £2 10=i..' cost" ilHi.: Wihdsiir WaiiM-f.-?.-turing>o. v. Emily He-Un. £3 10s, 3d-,. M ,t« KH.: same '•. Titoim* £ia ?». 6d.. stm*, fid.: .t. My-3 ■ and C«. v. Denirton' Co.nrr-™tirp S<iriotv 10s. <H.. r.."*' f? Ws. • Harrington Pro;; -. D. Cailaghaii, £5 Is., costs £1 3s. Cd. ' jUDGMENT r SUJ.tSrOKS. ', ■ T l .. Crop? whs ordered to pnT F. T). Ferguson £1 10s. by .instalments of Is. per week. ■ ■, ■,-., Thff Public Trust«c>. rts CKJcv*"- "f /'"> -5U of'.\Wr>i"Vr.Ram«le. f>-"«d .WiMvmKnot for £20 13s. '(mitt, ftnrt nnwewew i-nf a tenement-. -Judgment was entorea[for tlio plaintiff. . - ; . .. '