LAW REPORTS

Dominion, Volume 7, Issue 2248, 7 September 1914, Page 9

LAW REPORTS

SUPREME COURT

PRISONERS FOR SENTENCE

SERIES OF BURCLARIES. Kve prisoners appeared before His Honour 51r. Justice Hoskiug in the Supreme , Court on Saturday morning to to sentenced for offences to ■which they had pleaded guilty. Mr. H. H. Ostler, of the Crown Law Office, represented the Crown. J A youiig man named William Gillham, otherwise James Gillham, had to answer.for several chargea of housebreaking and theft at Wellington '.and Wangamii. In ..the. course of. a couple of months he had stolen jewellery and other property to the value of over £300. He stated that the property, which had not been recovered by the police, had been destroyed, because he regarded it as of no value. His Honour pointed ■ out that it could not have all been destroyed, as the total value of the jewellery ' still misemg was over £100. Prisoner said he had directed the police in regard to that property which had been found, and he could not recollect where any of the other articles were. His Honour: I shall- remand you for a fortnight, and you might be able in the meantime to remember where some of this stuff is. You had better try and recollect where you placed it. . THEFT OF MONEYS. The charge to which Leslie Vfalker had pleaded guilty was , theft of moneys at Levin. 3lr. H. E. Anderson asked His Honour to deal leniently with the prisoner, who was 32 years of age aaid a married maji with one child. Before committing tho present, offence, Walker had always borne u good character, and this theft, it was submitted by counsel, did not show any mind. The prieoner had assigned his estate for the benefit of his creditors. Mr. Ostler, explained that the principal creditor had seen the accused deed of assignment, and liad intimated that lie wa\ prepared to accept his proportion of the money in full settlement of the amount due to him. . His Honour remarked that as the Probation Officer's report ' was favourable, he was prepared to deal leniently with ■ the prisoner. Instead of being admitted to probation,' it would bo better that he should be ordered to come up for sentence when called upon. A condition would be that the costs the prosecution were paid within one' 'calendar month, and unless that condition were complied with tho prisoner would have to appear for sentence.

THTSFE FROM A DWELLING. Patrick Joseph O'Connor, aged 18 years, and Ernest Jones, aged 24 years, were jointly charger] with* theft from a dwelling. '.The property which had been stolen had since been,recovered. His Honour pointed out to O'Connor that as this was his fourth conviction lie was liable to be declared a habitual criminal. His Honour did not proposo to make the declaration on that occasion,, but be could not see his way clear to deal more leniently with him thaiv to sentence him. to two years' detention for reformativ.o treatment. .In.the.case of Jones, the report of the Probation Officer was favourable, and His Honour ordered "the prisoner to come up for sentence when called upon, a condition of his release being that the costs of the prosecution (£2 145.) should be paid within three months.

CHARGE OF FORGERY. Williain Joseph 'O'Dwyer, who had pleaded guilty to a charge of forgery at Wellington, stated that the crime had been committed before the offence of false pretences., on which His Honour had already sentenced him to two years' imprisonment at Auckland. His Honour imposed a sentence of six months' imprisonment, Y<it\\ Wed labour, to take effect after the term of hard, labour O'Dwyer , was already serving. . The reformative treatment to which the prisoner -had been sentenced would come into operation whon the terms of hard labour expired.

CIVIL ACTION.

! 'A MOTOR-OAR -ACCIDENT. Reserved ■ judgment was delivered by. His Honour Mr. Justice Hosking in the Supremo Court on Saturday morning in the case of Michael Sweeney v. Sidney , KArVcaldie and Elsie KArkcaMie, in ! which the sum of £501 had been claimed as. damages for injuries received in a collision with the defendants' motor-ear. Hie case had been tried before His Honour and a special jury some mouths ago, and the jury had awarded the plaintiff £150 damages. Subsequently defendants'' counsel moved for judgment on the ground that the'trial bad not proved that the accident was due to the negligence of Mrs. Kirkcaldie; in the alternative defendants moved for a new trial. Hi - 6 Honour dismissed the motion, witli costs 10 guineas and disbursements. Judgment was accordingly entered for plaintiff in the notion with costs as per scale, fifteen guineas for second day, witnesses' expenses, and disbursements. At tho hearing Mr. A, Gray, K.C., with Air. AV. Perry, appealed • for the plaintiff, while Mr. C. P. Skerrett, K.C., with Mr., E. K. Kirkcaldie, appeared for the defendants.

IN DIVORCE,

DECREE NISI GRANTED. Hearing was continued, on Saturday of the divorcs case o[ Elizabeth Mary Dayey v. Jeremiah Patrick Davey, in which allegations of habitual drunkenness and cruelty formed the grounds on which petitioner soiight dissolution of her marriage. Mr. I'. _M. Wilford, who appealed for tho petitioner, called further evidence' as to tho insobriety of the respondent. His Honour Mr. Justice Hosking granted a decree nisi, to bo made absolute in three months, tho petitioner to have interim custody of tho Wo children.

AUCKLAND SESSIONS

. FORGERY CHARGES BREAK DOWN. (By TeleiTraph-fross Association.) • Auckland, September 6. The hearing of five charges of forgery and false pretences preferred against Anthony Claude Gumm occupied the attention of the Supreme Court all day Saturday. Accused succeeded in proving an alibi, and was accordingly found not guiHy.

MAGISTRATE'S COURT

ROBBERY IN POLICE CELLS AN UNUSUAL CASE. Rather unusual circumstances centred round the charge of theft preferred in the Magistrate's Court oil Saturday morning against Daniel Donnelly. The accused pleaded not guilty to the theft of £2 from a wharf labourer. The facts, of the case as brought out in the police evidence were that on Thursday Doimelly. ivas arrested for, drunkenness and placed in one of tie!

police cells at Mount Cook. Later, a wharf labourer, for a similar offence, was bundled into the same cell. Tlio latter had been out on a spree and the usual police search before gaoling him disgorged seven £1 notes from his poclccts. Only 93. had been found on Donnelly. Early next morning Donnelly clamoured for bail, but as ho was Is. short of the requisite amount no was rofused. When tlio watch-house-keeper made his second round Donnelly was ready witlwa £1 note for bail. "I didn't rob anybody, I worked hard for it," he added when he osplained that he had discovered it in the lining of his coat. Unfortunately for Donnelly his cell mate had been engaged in drawing up a mental balance-sheet of his assets and complained he was about £2 short. This money which ho had concealed in his belt had been overlooked by tho police, but had evidently been revealed on more diligent search by another person. When Donnelly was searched again and another pound note found on him everything pointed to t'he fact that Jio was tho other person. In Court Donnelly persistently denied his. guilt. Ho exhibited the hole in his pocket -where tho notes had elipped through. Unfortunately again for him tho watch-house-keeper informed the Magistrate that the hole was considerably larger now than tho original one. "I wish I was. well enough off to have £2 in my pockets and not know it was there," remarked the Magistrate, Mr. D. G. A". Cooper, S.M., as he convicted the accused on circumstantial evidence and sentenced him to seven days' imprisonment.

A BRIGHT TRIO. An ill-assorted trio—Marry Louisa Spencer, Annie Quinn, and Samuel Speight—were each charged with being idle and disorderly persons in that they habitually consorted with people of illfame. Each pleaded not guilty. Spenoer and Speight wore also charged Vith the use of obscene language. The Magistrate sentenced each ofthis accused to two months' imprisonment, while, on tho charge of obscene , language Spencer and Speight were each fined £2 or 14 days' imprisonment.

TWO SORTS OF DWELLINGS. Because Miss Margaret Webb had a decent house to live in, and May Gibbons, of Court notoriety, had only a hut, the latter hurled all manner of missiles at the house 'in question last Thursday. She accounted for eight panes, of glass and was later arrested and accordingly appeared in Court charged with drunkenness and. damaging'£2 worth "of glass. The accused had first invited the' occupants' of the house to come out and fight and broko the windows when they refused. The Magistrate sentenced her to two months' imprisonment for drunkenness and to seven days for the breakages.

.. THE RESULTS OF A SPREE. It took practically three men to cour voy John Hinchley to the lock-up and his battered appearance in Court gavo ample ovidenco of this. The charges resultant on his behaviour were drunkenness, tl\o primary cause, resisting a constable, and damaging n police lie\met. "It is about three years now since I had drink," remarked accused woefully, "and it took effect." "So it seoms," dryly remarked tho Magistrate. On the first, charge Hinchley was convicted and discharged, on the second fined £1, in default seven days' imprisonment, and ordered to pay the cost (9s. 3d.) of tho: helmet damaged or spend three days in gaol. I

OTHER CASES. Mary Hunter, with 16 previous convictions against her name, was charged with. t\\o Uieit of goods,, valued atlls.i the property of Sarah Donovan. She was fined 305., in default seven days' imprisonment. ."William Tierney, who was discovered at' 3 o'clock sleeping snugly in the Corporation vard at Clyde Quay, was charged with vagrancy. Accused . was already well known to the police, and the Magistrate gave him a surety of lawful quarters for a month. John Barnes was remanded to September 11 on a charge of being a person released on probation and committing a breach of the condition'of his probation license. For, insobriety Guy Cockbwm was fined 1 £2, in default seven days' imprisorjmont; Charles Fowler was fined 205., or three days in gaol; aaid William Connelly 10s., or 48 hours' imprisonment. Nine first offenders wero dealt with.