SUPREME COURT.

Dominion, Volume 8, Issue 2313, 21 November 1914, Page 4

SUPREME COURT.

CRIMINAL SESSIONS FOUR PRISONERS SENTENCED " Several prisoners, who had been convietcd of offences at tlie criminal sessions of the Supremo Court, were sen-, tenced by His Honour Mr. Justice Hosking yesterday afternoon, Mr. H. H. Ostler, of the' Crown Law Office, represented the Crown. Appearing in the uniform of the New Zealand Expeditionary Force, Lawrence Gerard Healey, 26 years of age, had to answer a charge of forger} , . Mr. H. If. O'lieary, who appeared for the prisoner, pointed out to His Honour that a previous conviction, against Healy was for an offence committed eight years ago when the prisoner was only 18 years of age. Counsel went on to state that tbo prisoner's service in the Permanent Artillery had been marked by good conduct and efficiency. It seemed, inevitable that he must be sentenced to imprisonment, but his case was not a hopeless one, and if His Honour could eee bia way to make the eentence a light one, the prisoner would get out of the country on Ms release. Hβ was anxious to serve at the front. His Honour remarked that the prisoner's crime eeemed to have been the result of a thought-out scheme, and he had in , mind the paseipg of a reformatory sentence. He woiud like to hear what the Crown had to say. Mr. Ostler: Might I suggest, Your Honour, that you give this young man a chance to reform himself by the conditions, of active service at the front, following a light sentence of imprisonment. ■ His Honour said, that one did not want to make a: hardened criminal of tha prisoner, and the suggestions of counsel would be acceded to. A sentence of three months' imprisonment on each charge would be the sentences to run concurrently. FORTUNE-TELLER SENT TO GAOL. Robert Henry Gibson, who had been found guilty of undertaking to tell the fortunee of two women at their home in Roy Street, w.ns next placed in the dock. ' .. . : Mr. D. S. Smith, on behalf of the prisoner, asked His Honour not to consider the offence as aggravated because of the fact that Gibson had pleaded not guilty, as that plea had been entered on the advice or hie solicitor, who conceived it might be difficult to define the crime under the Act. Had the prisoner been convicted in the Lower Court, the maximum punishment would have been, one month's imprisonment. His Honour might take into tiou ' the fact that the prisoner had. already been ten weeks in gaol, and that this wae Ms first offence.

His Honour pointed out that the Probation Officer's report was not favour; able to the accused, who was a cookb" occupation, but who had been earninfj 'his living by going from house- to ■undertaking to tell fortunes. Moreover, he was addicted to gambling, and p< . regular visits to Chinese gambling houses. His Honour could not overlook, certain evidence, which had not bee* presented to the jury. That showed £) _ under cover of telling fortunes, he did. something else-r-practically counselled women to commit crime. He was liaWto a year's imprisonment, and His Honour had in mind to jjass a sentence of six months, but in view of the period ho had already served in gaol, the sentence would be five months' imprisonment. ...■■,-.-

•a: stolen cheque. Sutherland Murray Donald' Grant, 42 years of age, handed His Honour a written statement when-asked if he had anything to say as to why sentence of the Court shonld not be passed on him for the theft of a cheque for £15. Mr. Ostler informed the Court that tfhen arrested the aceused_ had two forged cheques in his possession. Therewas a previous conviction against him for issuing a valueless oheque, while he bad been tried and acquitted on another occasion in Auckland. His Honour said that in. view of all the circumstances of the case, the least sentence that could be passed was nine months' imprisonment with hard labour. ONE OF THE WORST CRIMES. A young man, named Lewis James Hocking, nest appeared for sentence on three charges ot carnally knowing a girl under ten years of age. Mr. P. J. Q'Regan said in euch a painful case one could only bring under the notice of the Court the previous good conduct of the prisoner, who had been 10 years in the railway. service, and who was still a very young man. The prisoner had expressed , a desire to serve his sentence at one of the prison camps, and had asked counsel to mention tho faot to the Court. His Honour said he had no power t<) make any order as to where the prisoner should serve his sentence. It was certainly unfortunate to find a man in such a position, as the prisoner after aErevioiis good career. This crime was, owever, difficult to deteot and it was stigmatised by the code as one of the worst. There waa power to order three floggings, and though, his Honour did not intend to make auch an older, he could not do,less than impose a sentence of five years' imprisonment with hard labour. ' . LAST CASE ON THE LWF. The last case for trial on the criminal list was taken yesterday before, hisHonour the Chief Justice (Sir Robert Stout). It was the case in which David James M'Ewen' and Ernest John Lashke, alias M'Ewen, were charged with assaufting \Valter Pierson Jackson so as to oause him actual bodily harm; Mr. H. H. Ostler conducted the prose-, cution, while Mr. P. J. O'Regan appeared for the accused, both of Whom entered pleas of not guilty. Evidence for the prosecution was to the effeot that while Jaokson was returning to his homo in Aro' Street on the night of September 21 he was accosted by. a woman, who asked him for a drink. ' While he was talking to the woman the two accused rushed round a corner and attacked him, one of them striking him. on the face with a bottle or a glass. During_ the struggle his watch and gold chain were snatched from his pocket and could not after-, wards he found. Jackson's injuries necessitated his being attended to by Dr. Ewart, who had to insert eleven,stitches hi ono of the wounds on his face. ' The defence was •an alibi. Lashke stated that he was in bed on tho night of the aesault before the time it was alleged io have tnken place, and that he know nothing about it until the other accused came and told him that tho polico wero in the house. David Jamos M'Ewen declared that he did not see Jackson on the night in question until ■he observed him in tho streot, bleeding from his injuries. M'Ewen wont to secure a cab to send Jackson to a dootor, but when ho returned Jackson had disappeared. . ■ The jury retired at 4 p.m. and returned an hour latoj with a verdict of guilty. Tlie prisoners wero remanded until 10 o'clock this moruiug for sentence.

COURT OF APPEAL. RESERVED JUDGMENTS. Certain questions of law, stated by agreement as a prolirainary to an Auckland Supromo Court action, and subsequently removed into the Court of App6al. came on for argument in .Wellington In Octqtw, beferaUialr Honoum the

Justice Denniston, Mr. Justice Ed-, wards, Mr. Justice Sim, and Mr. Juatimo Hosking. Reserved judgment oe the questions was doliveiroa by the Court yesterday morning. The case w«s that of Battersby and others y. Wheatley and others, tho plaintiffs being the trustees of the Loyal Fountain. Friondship Lodge, No. 3920, Auckland District, of the iVew Zealand Branch M.U.. 1.0.0. F., and the defendants being the truetees of the Auckland District Society, and the trustees of the New Zealand Branch (parent body) of the'same Friendly Society. At the hearing, Mr. P. Levi, with Mr. Robert M'Veagh, of Auokland, and Mr. R. L. Ziman, of Auckland, appeared for the plaintiffs. Mr. N. L. H. Biss, of Auckland, appeared for the trustees of tho Auckland District Society, while Mr. 0. P. Skerrett, K. 0., with him Sir Kenneth Douglas, appeared for the second-olass of defendants, the trustees of the New. Zealand Branch (parent body). ■ From the facts "before the Court it appeared' that tho Loynl Fountain, of Friendship Lodge, which has a membership of oyer 670, was founded in Auckland upwards of 70 years ago. It was now desirous of seceding from the parent body (the New Zealand branch U.V., 1.0.0. F. Friendly Society), and registering as a separate Friendly Society. The rules of the order provide that certain procedure has to be followed with regard to the funds. The papers were reforred to Antonio Thomas Traversi, who holds the position of Actuary of Friendly Societies,, under the Friendly Societies Act, 1909, and the question arose as to whether he proceeded in a proper, manner in ascertaining the amount involved in the "secession, .. . ■ _ . Their Honours were unanimously of opinion that the report of the actuary had no force, being ultra vires of his powers. The case was remitted to the Supreme Court at Auckland,' costs on the highest scale to be paid,.by the defendants. ECHO OF THE GILLESPIE CASE. Reserved judgment was also delivered by the Court of Appeal in_ an action, whioh • arose out of the misappropria-. tions of Oliver Noel Gillespie, a Feilding solicitor, who was convicted some time ago of the theft of trust moneys. Tho case had reference to the Land Transfer Act, 1908, and a memorandum of mortgage from Charles Haughton Miller, settler, of Apiti, to Sir George M'Lean, of Dunedin, and George Milne Mao Lean, accountant, of Punedin, the two latter parties being the Giinn Trustees.

: From the facts before the Courfc it appeared that. Prior and Gillespie, of Feilding, had acted 'as solicitors for both Miller (mortgagor) and the Gunn Trustees (mortgagees) in connection, with a mortgage for £2700 to he raised by Miller, who was desirous of clearing two smaller mortgages off his property and of obtaining a cash balance. The Gunn Trustees duly paid the sum of £2700 to Prior and Gillespie, but the money was never passed on to Miller, nor was it used to pay off th'e two smaller mortgages, although it was shown that the latter bad_ received one cash advance of £400. Prior, the senior partner in the firm, had since died, Gillespie had embezzled trust, funds, and no memorandum of mortgage could be found referring to the £2700. \ln those circumstances Sir George M'Lean and Georgo Milne Mao Lean (the Gunn Trustees) applied to the Supreme Court asking that an order should be made Sunder Sections 62 and 53 of the Land Transfer Act, 1908) defining and declaring the estate or interest of the applicants under the lost instrument (memo-? raridum of 'mortgage).- ,: The' application was, refused by His Honour the Chief Justice (Sir Robert Stout) with costs, and it was against.this, decision of His Honour that -fcho trustees now appealed. . . • • When the appeal came on for hearing last month, Mr. A. "S. Adams, of Dunedin, appeared for the appellants, while Mr. F. H. Cooke, of Palmerston North, appeared for the respondent..' In a judgment, of the Court, prepared by Mr. Justice. Sim and received yesterday by Mr. Justice Edwards, the appeal was dismissed with costs on the highest scale as from a distance. ~

MOTION DISMISSED. Mir. M. Myers, on behalf of plaintiffs in the case of the Ridd Milking Machine Company r. the Simplex Milking Machine Company, moved in the Court of Appeal on October 31 for provisional leave to appeal to the Privy Council against, the Court's decision in the action named. The-application was opposed by the defendants, for whom Mr. 0. C. Hutton, of Wangiinui, appeared. Tlie motion was dismissed by the Court in a reserved judgment delivered yesterday, defendants being allowed five guineas costs. NEXT SITTING OP THE COURT. Decision could not be delivered in the case' of the Herman and Weger Co. r. the Mangaone Oilfields, Ltd., as one of the judgments had not arrived from another part of the Dominion. ' ' The Court was therefore adjourned until December 14, the next date on which three' Judges will be in Wellington., •