LAW REPORTS

Dominion, Volume 8, Issue 2309, 17 November 1914, Page 9

LAW REPORTS

SUPREME COURT

CRIMINAL SESSIONS

When the criminal sessions of the Supreme Court were continued yesterday before His Honour Mr. Justice Hoskiiig, the first business was the adjourned hearing of the charge against the young man, Georgo Mace, who, it was alleged, had committed an indecent act in a lane off Pipitea Street in August last. Mr. P. S. K. Maeassey, of the Crown Law Office, represented the Crown,' wliile Mr. P. W. Jackson appeared W the defence. After evidence had been called for the defence, His Honour summed up strongly- in favour of the prisoner, and the-jury, -without leaving the box, returned a verdict of "Not Guilty." His Honour concurred in the verdict and remarked that the prisoner could leave the dock with the additional testimony the Court that there was no evidence of a depraved mind on his part. The affair was apparently the result of a drunken accident and nothing more, but the prisoner should be.careful when next he had a holiday not to spend it in tie same way.

' ; ' 'A KETRIAL. Herbert Charles Stoddart, in whose case tie jury could not agree upon a verdict last week, was placed in the dock for retrial on a charge of Laving committed an indecent act in a. house ia Macdonald Crescent on October 21. He pleaded not guilty and was defended by Mr. T. M.Wilford. The Courtwas cleared-.during the hearing of evidence. ■ • ' . The-case was not completed when jte adjournment was taken last ■ evening and the trial will be resumed at 10 o'clock this morning. ' BANKRUPTCY COURT. AN APPLICATION ADJOURNED. A sitting of the Bankruptcy Court was held yesterday morning before His Honour the Chief Justice (Sir Robert Stout).-. The only business before the Court was A. T. M'Williams's adjourned application for discharge. The applicant, who is a livery stable-keeper, was represented by Mr. F. E. Petherick. • Opposition to the application was raised by the petitioning creditor, who was represented by Mr. C. W. Neilson. The ground of the opposition was alleged fraudulent preference and fraudulent conveyance to F. v Ebffa. ' Mr. 0. Zachariah, Aoting-Official Assignee, stated that since the last sitting of the Court a fortnight ago a meeting of creditors had 'been held and a motion had been put to set aside the sale and bailment transaction -between the bankrupt and F. Boffa. That motion had been lost by a majority representing £1 value. Subsequently Mr. Nielson had asked for leave to take certain proceedings in .the Official Assignee's name and the request was being considered. . In the circumstances, Mr. Zachariah thought he was justified in ■ asking thai; the application should be further adjourned. Mr. Nielson'informed thorCourt that, in connection .with' his application to take proceedings, ho had offered to indemnify the Official Assignee against all costs. • ■•'■.■;

Mr. Petherick • said he considered .bankrupt was entitled to his discharge and he would point out to His Honour that a number.of'creditors had signed n. consent to immediate- discharge as they were under the impressioD that bankrupt. i was suffering misfortune. Counsel ' also drew attehtioJi to tne fact that at the last meeting of creditors an adverse motion had been defeated, i

His Honour expressed the opinion that it would be better for all parties, including the bankrupt, if tne application were allowed to stand over. If it were dealt with, now, His Honour might have to make some comment which would influence a jury. The application was accordingly adjourned until the next sitting of the. Bankruptcy Court on February 8 at 10 o'clock, fo enable Mr. Nielsen's client to bring proceedings if that course were decided on.