SUPREME COURT

Dominion, Volume 8, Issue 2281, 15 October 1914, Page 9

SUPREME COURT

SIX PRISONERS SENTENCED BRUTAL ASSAULT ON CHINAMAN \' -.——, ..■■■■■ ■: THE COURTENAY PLiOE AFFAIR.: Six prisoners, who had pleaded guilty to various offences in the Lower Court, appeared before His Honour the Chief Justice (Sir Robert Stout) for sentence in, the Supreme Court yesterday morning". Mr. H. H. Ostler, of the Grown Law ■ Office, -represented the 'Crown. . ;.■',, v': ' •James Little, a labourer, 29 years of age, had'nothing to say when charged b; the Registrar. A pica of guilty had previously been (entered by him in connection with a brutal unprovoked assault on a Chinese:in. v Courtenay Place. i. "Your case is a.crime against life, and you aro liable to imprisonment for life." His Honour cprnmented on the blackguardly'.'attack, made ,'upon the' unoffending, victim, Who tad been, left unconscious. A sentence of two years' imprisonment with hard labour' was imposed to be followed by four years' detention for reformative treatment. Stratford Draper's Lapse. -~ Charges of breaking and entering 'and theft were the cause of Archibald •'Wilfred'Ruwlbs appearing in the dock. He had' stolen motor s tires and other articles to' the value of £40, and his offences had extended oyer a period of several .months. . . . , Mr. A. AY. Blair, who appeared' for the prisoner, stated that,-prior.to. getting into the present ..trouble, Rawles had borne a good character. Ho was 29 years of age and was a draper carrying on business in Stratford. Counsel submitted that the case was a suitable one'for probation but, if His Honour could riot see his: way clear to.so deal with Rawles; he .'• might perhaps order, him to come up for sentence when call-; ed upon.. There was a witness present to give evidence as to character. J. B. Hine, M.P. for Stratford, said that accused came of one of Taronaki's oldest families and his parents were respected residents of 'Stratford. , Accused himself was regarded as an honourable citizen and nothing criminal had ever been suspected against him until the present offences were revealed: /It was believed that accused was tho .tool*.of an. associate who, unknown to accused, had been convicted of theft. Restitution had been guaranteed by accused's parents, if it had not already been made.- If lenient, treatment were extended to accused there seemed to be every probability of his keeping clear of tho Court in the future.

'His Honour pointed out that it would be going against a decision of the Court of Appeal to grant probation to the prisoner, .but he would take into consideration- the fact,"that accused's previous character had been good and that restitution, had been made. Accused was, however, in a different position from a young man in want. The sentence of the Court would be. six months' imprisonment with hard labour., Other Sentences. "Now, Your Honour, I'm an old man and I ask you. to give me a chanco to die a free-man," was the broken appeal made by Edward M'Kenna alias. E. Gordon, who awaited sentence on charges of forgery and uttering. The prisoner was 60_ years of age, and there were": four previous convictions against him,,dating from 1891. On his last ap-' pearanco in' Court he had been declared an habitual criminal but [ had subsequently been liberated,on license. In addressing His. Honour, the prisoner said lie had been free for over five years and had been working honestly for the Akitio County Council until ,a "scoundrel"! came along; and disclosed his record. In a weak moment he left the job. and gave way to drink. The offences 'liad been committed^ while he was under, the influence of liquor. '

His Houou-r remarked that prisoner had previously made a promise and broken it, but 'His' Honour would give him one more chance. If he came before, the Court again he would never get.out of he would be given an indeterminate sentence. He would now be- sent to prison for : eighHeen months with hard labour. Prisoner: Thank you, Your Honour, There were six' previous convictions against John Johnson, alias .Robert Lemon, who was convicted of breaking and entering and theft at Palmerston North. He was' sentenced to 'eighteen months' imprisonment with hard labour.' '.'■'■'■ Nothing ' previously" was' known against the character of Herbert Henry Barriugton, a musician, thirty years of age, who had pleaded guilty to four charges of breakuig and entering, and two changes of theft at Stratford. The Probation Officer's report was favourable, but His Honour said that as the prisoner's; offences extended, over a period of-some months, the provisions of the Probation Act could not be appliedl'to v his case. Ho would be _sen r fenced 'to twelve months' imprisonment with hard labour. ' An hotel porter, named Claude Batt, nineteen years of age, handed up a written statement when asked if he had anything to say.as to why sentence should not. be passed upon him for the crime of forgery. Ho declared that he had never had a fair chance in life, and asked to be admitted to probation. His Honour remarked that the prisoner appeared to. have been buffeted by society. He had been in tho Burnham Industrial School, and had previous convictions for theft. The provisions of tho Probation Act could not bo extended to him, but in consideration of his youth,, a nominal sentence only would be passed. Ho would bo sentenced to six month's' hard labour.

COMPENSATION CLAIM. • CASE BEFORE A FULL BENCH. Construction of tho Stratford-Okura railway gave rise to a claim by tho New Plymouth Borough Council for compensation for laud taken and certain points of law in connection with .the claim warn argued in tho Supremo Court at Wellington yesterday before a Full Bonch, comprising Their Honours, tho Chief Justico (Sir Robert. Stout), Mr. Justico Denniston, Mr. Justice Edwards, Mr. Justico Sim, and Mr. Justice Hosting. Tho plaintiff was tho New Plymouth Borough' Council, and the defendant was the Minister of Public Works. ■ __ „ '~, , . Mr C. P. Slrerrett, K.C., with him Mr D. R- Boggard, appeared for the Borough Council, while tho SolicitorGeneral (Mr. J. W. Salmond, K.C.) appeared for tho Minister. It appeared that in 1903 certain land belonging to the borough.was entered upon and occupied by the Crown for use as a gravel-pit in connection with the construction of the Stratford-Ohura railway. On November 21, 1012, tho land was formerly taken by proclamation, and the borough, thereupon made its claim for compensation m respect of tho use and taking of tho land, which consisted of an area of about seventeen acres in the Ngairo Survey District. At tho hearing of the claim it was proved that the land had increased in value- between tho time of tho Crown s entry in 19(33 and the formal taking in 1912. $ Tho question then aroso as to whether compensation should be based

on the value of the land at tlio time of entry, or tho value at tlie tirao. of taking. Tlio borough made alternative claims for £1482 12s. lid. and £1769 3s. Id. respectively. Mr. Justico Hosting, President of the Compensation Court, agreed to state a special oaso for a Full Benoh of the Supremo Court, and it was this, special caso which came on for heanng yesterday. Tho question submitted m the case was When land is entered upon and used .under Section ISO of tho Public Works Act, 1894, and is thereafter taken in pursuance of the requisition or the owner under Section 201 of tho Public Works Act, 1908, is tho compensation payable to be equal to the value. of the land at the time when it was so entered upon, or is it to be equal to the valuo of tho land when so taken, together with compensation for damage suffered betwen entry and taking? The Solicitor-General contended that compensation should be based on the value when the land was first occupied by the Crown, while Mr. Skerrett contended that the Borough Council was entitled :to compensation for injurious affection of the land right up to the time of taking, together, with tho value of the land 'in its actual condition at the time of taking. , After hearing legal argument the Court reserved decision.