SUPREME COURT

Dominion, Volume 7, Issue 2200, 13 July 1914, Page 11

SUPREME COURT

PRISONERS SENTENCED. THEFT OP POSTAL PACKET Four prisoners," who had pleaded guilty to different offences in the Lower Court, ivero brought before His Honour the Chief Justico (Sir Robert Stout) for sentence in the Supremo Court on Saturday morning., Mr. H; H. Ostler ap2»ared for the Grown. Roland Bill Nelson, who was said to be 19. years 'of age, had: admitted tho theft of a-postal packet,- 1 •Edwin Arnold, Visiting Justico to the Wellington- Gaol, deposed to meeting Nelsoii duringfta visit to the gaol. Tho lad. had told 'him ho was a Canadian by birth, but had'more recently resided in Germany. He-thought the case was ono for the Discharged -Prisoners' Aid Socioty. to" deal. with. 'If the lad were given a chance tho society would got him'away to Canada or Germany. : Mr. Wilford, for the prisoner, pointed out that the case was not tho,ordinary one of theft by a, postal officer, and moreover Nelson had not cashed the stolen money-order, so that he had not benefited by the theft.. His Honour remarked that the Probation Officer's report was favourable, "but the lad could iiot be admitted to probation. In order to give him a fair chance, however, . His Honour would order him. to come up for sentence when called upon. MARRIED ON £70 A YEAR. ■ • 'A YOUNG MAN'S'FORGERY. A married man named Jack James Hyams, 23 yeaTs of age, was placed in tho dock for sentenco on a charge of forgery and uttering. .. . ' v -.. Mr. T. M. Wilford, who appeared for tho prisoner, stated that his client had married when in receipt of a salary'of £70 per aiirium,,and as one of his items, of expenditure was 255. per week in rent' lie had quickly got into arrears. To make ends meet he had forged a 'cheque and uttered, it to the Grand Hotel, He now realised his mistake.. The Probation Officer's '..report /was favourable.' His' Honour ordered' the ; prisoner to come lip for . sentence when called upon. HIS FIFTH THEFT. ' A SENTENCE AND A WARNING. Daniel Patrick Cummins, ' aged 24 1 yoars,; pleaded that he was under the influence of drink at/the time that lie committed a theft from 'a dwelling. . His Honour, who romarked that the prisoner liad jyst come out of gaol, and that there,: were four previous, convictions against him' for theft-—prisoner had. thus rendered himself liable to an indeterminate Cummins to. .18'"months': reformatory;'treatment in' ' the' Irivercargill Prison, and said that. if ho. again appeared Defore t-hfe _ Court he., w'ould probably; be ;givon an'indeterminate sentenco. ; BREACH OF PROBATION ORDER. Christepher Janies '.White, 16 years of ago, appeared for sentenco on a charge of breach of a probation order. ; ■ Mr. : Ostler, informed the : Court that the lad!s parents:were separated, tho father being caretaker. of the Feilding 'racecourse and' the, mother having employmentas a!'cook. > -■ His Honour ordered a remand .for a week^inb order.-, that the parents- mightbo communicated with-to see .what be;.'done for' the prisoner. CIVIL BUSINESS. 'MISNAMING OF A LEGATEE. ,; "An application to the Supreme Court; to interpret ithe will of. David _ Cusitar Murray, deceased, was doalt Tvitb in a reserved . judgment delivered .' by . the 1 Chief' Justice "(Sir' Robert - Stout) . 'on Saturday.morning. The plaintiff in the case was"the'Public/Trusteed and"the' 'defendants were William Murray, and- ■ /' '■ ■ Mr.' Ji W.' Macdonald (solicitor for '.the Public. Trust Office) appeared for the Public Trustee, while . Mav D.- M. , Findlay appeared for. the defendants. •;/ As stated in a, previousoutline;of tho case, David Cusitar Murray left under > his . will a small estate to be' adminis-" tered upon- - trust to' he invested' "until Mary\M-Nab Vaiid. Ethel M'Nab; "my - ; nieces; daughters, of Frederick and Ethel' M'Nab, .of Mosgiel, attain the ago of tiveiity-ono years, when I wish.my estate to be divided. equally between: them, share and share alike."-Neither of these nieces was iiamed . ; Mary;' Ethel May M'Nab was tho name of one, and Janeit -(''Fanny'')" Frances 'M'Nab 'the riaih« of, tho other. , The .testator (David Cusitar Murray) had a. niece named Mnvy Ann Ellon M'Nab, but sho died in 19(11; and was -then 11 years old, so if siio lmd been alive at tho date of his will sho -would'have been twenty-three years of age.' -He knew of the death of_ Mary Anil Ellen. M'Nab. and knew tho 1 two; nieces, ono commonly called Fannv and the one called' Ethel May M'Nab; These two nieces were twins,' and 'were' born on May 30. 1893. and were not therefore 21. years of age when he made his will.Tlie question was: Could the Court say that half , of tho estate could go'to Janet Frances M'Nab,-the niece, 1 who i was commonly called Fanny? . ■■ . His Honour held; that the misnaming of a legatee or -oscentor .was not suffir cicnt . to disentitle'.'the legatee to a, legacy There were. ,(he . said)' many oases in -vvhicli Courts had' considered +Vt- sirpli' a mistake might be rectified. He was of oninion that, the two nieces Who! May M'Nab and Janet ; Frances M'Nab) were'entitled to. divide the'.pro: norty equally between them. Tho Public Trustee .was entitled .to the costs allowed 'to,-him by the regulations of his office, •and the .other'.narties' to ten. guineas costsV aiid any disbursements. JUSTICE FOR A WIDOW. An application' for maintenance out of the estate of.the late William Moriarty (formerly a Carterton storekeeper) camo before His Honour the Chief Justice (Sir Robert Stout) in December last, and again last week. : His Honour delivered his reserved judgment: on. tho application on. Saturday morning. . By his will, made ill 1912, Moriarty. left £1600 to Miss'Brogan, of Cartelton, 1 whom'' he' described as a grandniece. but whip was in fact no relation of his. Miss Brogan was for many years a faithful employeo. • The residue of. tlio estate was loft to two sons-in-law in the United States. It appeared, that Moriarty came to New Zealand many, years ago, leaving his wife and three daughters in America unprovided for. His Widow was now 72 years of age, and penniless, one of tho daughters was a widow (Mrs. Pnrdy) ill. poor circumstances, and the other two daughters wore'married women, whoso husbands were well able to support tlicm. Tho application for main- , tenanco was made oh behalf of Mrs. Moriartv and her daughters. ■ His Honour, after considering all tho circumstances of tlio. case, decided that it would lie advisable to give the widow a lump sum to enable her to purchase an annuity in the United' States. Ho allowed her .£SOO, to be changed agailist tho legatee's bequest, and 20 guineas costs. To the widowed daughter (Mrs. Purely) lie allowed £200, and to. each of tho other daughters, £100 and 10 guineas costs, these latter amounts to bo charged against, the residuary estate. Mr. H. E. Evane received judgment

for tho applicants, while Mr. J. AV. Macdonald appeared for the Publio Trustee.