LAW REPORTS

Dominion, Volume 8, Issue 2377, 5 February 1915, Page 3

LAW REPORTS

SUPREME COURT THE CRIMINAL SESSIONS CONTINUED GUILTY OF BLACKMAIL The criminal sessions of the Supreme Court were continued yesterday before His Honour Mr. Justice Chapman, when the last trial but one on the list was taken. Mr. H. H. Ostler, of the Crown Law Office, represented the Crown. When the court adjourned the previous even my, Allan George Smith was on trial on a charge ol stealing on August o it gentleman's gold watch, a lady's gold watch, and a chain, the property of Edward Hurcoinb. The value of the 6tolen property was said to be about £30. There were two other charges against Smith, one of receiving stolen property, and another of corruptly taking a reward of £17 from Mward Hurcoinb on December 17 for the recovery of the property without using due diligence in' an endeavour to bring the thief to justice. Mr. P. W. Jackson appeared for the accused, who pleaded not guilty to all charges. ' Particulars ol the case for the prosecution were published yesterday. The defence consisted of a" lengthy crossexamination of the principal witness for the Crown, and a lengthy address by counsel to the jury, the suggestion being that the prisoner had been acting in good faith I'or a third party, whose name ho was in honour bound to conceal. His Honour, in the course of a brief summing up, said he felt bound to say tllat the jury had shown exemplary patience in listening to the case. He directed them to negard the third count in the indictment as a charge of blackmail. After a brief retirement, the jury returned with a verdict of guilty on the charge of receiving the stolen property and guilty of corruptly taking the reward. The Crown Prosecutor, in answer to His Honour, stated that there was no record of previous conviction for any serious breach of the law. The police report, however, was to the effect that the prisoner was in the habit of associating ' with tihieves and other bad characters. His Honour remarked that the third oount in the indictment was a very serious one, and the jury had found the prisoner guilty on that count. The sentenc® of the Court would be that he be imprisoned for three years with hard labour. CATTLE-STEALING CASE. An elderly man, named Alexander Mitchell, who on Monday last had pleaded guilty to two charges of cattleskaling near Greytown, was sentenced yesterday morning. The stolen property (seven oxen) was valued at £59 10s. Mr. H. F. O'Leary, who appeared on the prisoner's behalf, had previously called witnesses as to character, and had urged His Honour to treat the case as one in which probation might well be granted. His Honour said he was very sorry to see a man, who had lived a respectable life and followed a respectable calling for twenty-five years, in tho posi-, tion in which the prisoner now found himself. His Honour would have been very glad if he could have seen his way to abstain fiom imposing a sontence of imprisonment' on'Mitchell;-but such a course would have been inconsistent with his duty. The fact could not be overlooked that drovers were trusted in this country because of the nature of their occupation. Prisoner had been employed as a drover at the farm where the offences had been committed, and it was quite evident from the way in which he acted that he had used his knowledge of the place to bring away the cattle. Not only that, but ■ the prisoner had used his knowledge and skill as a drover in trying to pass off the property on to. unsuspecting people. His Honour was not going to take any notice of previous convictions long years ago, and moreover he was going to give the fullest consideration to the fact that the prisoner was well advanced invyears. The least sentence that could be passed, however, was six months' imprisonment with hard labour.

ALLEGED TRADING WITH THE ENEMY. A speoial jury will be called to hear tho charge of trading with the enemy, to be preferred against Honrick Wilhelm Magnus Duerkop. The case is set down\ for hearing in the Supremo Court at 10.30 a.m. on Monday next. PRISONERS FOlt SENTENCE. His Honour Mr. Justice Chapman will pass sentence at 10.30 a.m. to-day on' the following prisoners, who have pleaded guilty to'offences in the Lower Court: — Albert Edward Greenwood, indecent assault and attempted carnal knowledge. George Slavich, attempt to break and enter with intent; theft from dwelling (two charges); breaking, entering, and theft (four charges). Mary Jane Caple, housebreaking. Frederick Maurice Marlow, theft (two charges;. Charles Geddes, falso pretence. James Percy Williamson, obtaining credit by fraud. Alfred John Burrows, being found in dwellinghouse by night and theft" from dwelling (two charges). Oscar Stangebye, attempted breaking, entering, and theft; breaking, entering, and theft (three charges). William Samuel Beehre, forgery and uttering. Charles Hector Dudley, forgery and uttering (nine charges). CIVIL CASE. In the Supreme Court yesterday, His Honour Mr. Justice Hosking heard a summons by the liquidator of the British Empire Petroleum Company to enforce payment of application moneys due by certain shareholders, namely: Mrs. Hadley, of Auckland; John Hardley, of Auckland; J. W. Harclley, of Auckland; and To Heu Heu Tukino, of Wellington. Sir John. Findla.v, K.C., with him Mr. D. R. Hoggard, appeared for the liquidator, while opposition to the summons was raised by Mr. M. Myers, on behalf of Mrs. Hadley, and by Mr. A. W. Blair, on lehalf of To Heu Heu Tukino. Legal argument occupied the whole | day, His Honour reserving decision.