LAW REPORTS.

Dominion, Volume 7, Issue 2228, 14 August 1914, Page 7

LAW REPORTS.

SUPREME COURT

CRIMINAL TRIALS >

POSTAL OFFICER'S THEFT The Criminal Sessions of the Supremo Court wero continued yesterday. Mr. Justice Hosking presided. Mr. V, S. K. Siacass.ey, ot' the Crown. Law Office, represented the Crown. Frederick David Plimmer, who had been found guilty on Tuesday of theft of postul packets, was brougnt .forward for sentence yesterday morning. Mr. E, J , . Ti'tzgibtjon, oa behalf of the prisoner, asked His Honour to tako into consideration the fact that the amount stolen was small, and that prisoner had previously borne a good character. Counsel submitted a report by Itotectiv«rSorgeant Itawle to. the effect that prisoner, .who. was a married man 37 years of age, had been a good worker in the Chief Post Oflice for thirteen years, and had not previously como under the udtice of tlio polioe. In these circumstances counsel asked His Honour to deal as leniently as possible with his client. \ ■ His Honour said he had indicated that h> would take tho prisoner's previous good character • into consideration, and it was quite true that the amount of money stolen, was email. It could not bo overlooked, however, that it had been taken, not to satisfy any pressing need, J>ut to ■ send to ' TafJtersalls. Theft of money, from letters was a very grave oifeiic'e, and had always been so regarded by the Court, while, tiie Legislature had, for- this oft'once, ' imposed'the highest penalties provided for theft, The Post Uih'ce was used largely by poor people for remittances, and the non-arrival of these remittances might cause the most seripus distress. Apaat from this, tho f mictions of a postal officer wore of the highest trust, and the public deserved protection. Moreover, the Public Service deserved protection, and was entitled to be vindicated from tho suspicion that might rest on many, through the offence of one, and especially from the unjust suspicion that might perhaps fall on one bearing not such a good character as ostensibly borno by the prisoner,- The very least sentence His llonour oould impose was 15. months' imprisonment with hard labour. . THEFT ON A STEAMER. Danisl O'Jv«efe, found guilty of theft on. the steamer Nikau, was sentenced to tiiree nionuis' imprisonment witn nurd labour. Mr. P. W. Jackson spoto oa the prisoner's behalf. . FORMIDABLE RECORD. Frederick Logan, otherwise Frederick logan Marshall, y/ho was called upon on .Wednesday to answer a charge of thett ot jiiwtiuery {inu money, wus louuci gujlty ot the olionbe yesterciay.- In tho cuurse of cross-exaniuiatiqn' by" the Crown Solicitor yesterday, !Log<in admitted having'b&en eonvjeted of tueft ou six occasjons in Australia' and once of housebreuking. Smoe his arrival in New ■ Jieaiaiid in 1910, the prisoner had received sentences of tour years and one year for thefts, and while in. the Mount Eucn Gaol had been placed in irons for an assault upon a prison official. The" jury took ony half an hour in arriving at a. decision.- that the prisoner, was guilty. Ho will be sentenced on Saturday morniug. Mr. C.'V. Qoulter appeared for the <iefonce. .'"■■' SERIOUS OFFENCE. : Charles Chadwiek, 23 yeai's of ago, was found guilty of a eerious offonco, and will be sentenced to-morrow moi'iiirig. ilr. G,'Samuel appeared; for the prisoner, ALLEGED CONSPIRACY. Two young mwi, nameU Michael Boylo and Joseph Dante, were chargod with con. spiring to dcfrauil an old ■■man - named Janies Pettigrew of the'euni'pf «£7. There was a minor coiint against each accused of obtaining- money by f«lso pretences. Both pleaded not guilty and were deT fended by Mr. P, W. Jqoksou. Evidence called for the prosecution was to the offeot that Boyle bad met Pettigrew at. the People's.Palace Hotel ani} had 'peuresenteu iiuuself as a jockey. 'Hβ'had advised Pettigrew to- back the racehorse Chortle, for a race at the recent Gisborhe meeting, and Pettigrew had invested £1 on the horse with Dante, whom Boyle ih' troduced to him as a bookmaker named Davis. Chortle ivin a dead-heat for first place in t>h>e race in question, but Pettigrew was unable to coliept any dividend, and'he subsequently placed tho matter in the hands of the police. . . When tho evidence for the Crown was completed yesterday, His Honour Intimated that he had come to this' conclu-* sjoh that there was.no evidence of coni spiracy, and he proposed t.o so direct the Vry, but at tho request of 6ho Crown Solicitor he promised to reserve the point for the Court of. Appeal. : ■ Boyle gave evidence in hig own defence last evening before the adjournment. His story was in tho direction of exonerating Dante. Ho declared that ho recovered the money from Dante and invested it with another man. After Chortle had won, and on Pettigrew's direction, he put the n.oney "all up" on a horsn which lost on the second day, a;u) ao Pettigraw was not entitled to, recover anything, The hearing will be continued this morning, ' CIVIL BUSINESS. \ ALLEGED LTBEL ACTION. Reserved judgment wiij given by hia Honour Mr. Justice Edwards yesterday in an interlocutory proceeding in , connection ■with tho action jn which Robert M'Nab isi suing the Welliugton Jublishing'Company to yecpyrir the sum of £.}W as! damages for an libel in connection with a letter published in Tiis IJosijNiQfi Plaintiff mpvid . for b,s order direpti.ng tho defendant company to answer certain interrpgatones, and for an order for the discoveiy of documents the' original of two letters -referred to in the statement 6£ defence). His llonoar ordered the production pf the letters, at a Hpie and placo to be arranged, the cost of the summons and order (three guineas and disbursements) to be the plaintiffs costs in tho cause. in regard to the interrogatories' (seven jn all), two were abnudbned by counsel at tlje argument. - Two were flispllpwe'd, but his Honour allowed two others and part of the remoinbg one, on t!ie ground that they did not infringe, any rule and might advance thn plaintiff's case. The costs of the>pplica,':iou and order 1 (three 'guineas) will be costs ill! the cause. .