SUPREME COURT

Dominion, Volume 9, Issue 2619, 15 November 1915, Page 9

SUPREME COURT

EMPIRE HOTEL AFFAIR

FIVE PRISONERS SENTENCED

. Five prisoners appeared before His Honour Mr. Justice Chapman in the Suprome Court on Saturday morning to pay tho penalty for crimos of which they stood convicted. Mr. V. R. Meredith, of the Crown Law Office, represented the Crown.

William Garner, 22 years of age, and Thomas Jackson Smith, an oldor man, were brought up for sentence on a charge of attempted theft from the Empire Hotel. They had been found guilty by a jury on Wednesday last. No counsel appeared for either prisoner, but Garner asked for leniency in view of tho fact that he had been working to earn his living since he was 14 years of age, -while Smith declared that he had been working honestly whilo •waiting trial. ■_ ■ According to the police report there ■was a previous conviction against Garner for consorting with thieves, and several against Smith for assault and robbery, 'theft from tho person, keeping a disorderly house, etc. The two prisoners had been suspected of conducting a "sly grog" business at a house in Sage's Lane. Garner was sentenced to six months' detention ' for reformative treatment, while Smith was sent to gaol for two years' hard labour.

FORGERY 'AND UTTERING. .Charles Toinlin, who had pleaded guilty to three charges of forgery and uttering, pleaded that he was drinking, heavily at the time the offences were committed, and ho threw himself on the mercy of the Court. Tho Crown Solicitor reported that prisoner had previously been convicted of theft, but he was stated to be a respectable man except when ho was in drink. His Honour passed a sentence of 18 months' imprisonment with hard labour. ADMITTED TO PROBATION. - A youth, named Albert Cole, who had pleaded guilty on Wednesday last to the theft of a bicycle aiid a motor cycle, was next placed in tho dock. Mr. P. W. Jackson called evidence as to good character, and asked His Honour to deal leniently with tho youth. Hifi Honour admitted Cole to probation for a period of two years, and ordered him to contribute to the costs of the prosecution by monthly payments of 2s. 6d. ditring 1916, and by monthly payments of 3s. during 1917; This sentence was in conection with tho theft of' the bicycle. On the other charge, Colo was convicted and ordered to come up for sentence when called on, a condition being that ho should go back to finish his apprenticeship. His Honour pointed out that die young man had to thank his employer for generously coming forward to speak on his behalf. FOUR CHARGES OF THEFT.. Four charges of theft had been admitted by AVilliam Duke Graham, who on boing brought forward,.for sentence expressed regret for what ho had done. Nothing against his character had previously been reported, but ho was of intemperate habits. His Honour said i that as the thefts extended over a period a sontenco of im- , prisonment would have to be imposed. Prisoner would be detained for nine months for reformative treatment.

' THE CIVIL SESSIONS. SOME FIXTURES. His Honour the Chief Justice (Sir Robert Stout) presided at a Chamber' sitting of the Supremo Court on Saturday morning, when the civil list was called over and fixtures made as under: Tuesday, November 16. —AValter Din-' nio v. H.M. the King, claim for £501 damages for alleged wrongful dismissal. Thursday, November 18. —Harry Fieldhouso v. .S. Oppenkeinier and Co., claim for £190 for alleged breach of contract (before a jury of four).. ! Friday, November 19. —Alfred Goodbehere v. Wellington City Corporation,• claim for £550, alleged to- bo duo as damages for injuries received (before a jury of twelve);. Christopher Pinnock v. Thomas Dwah and another, declaration, etc.; undefended divorce cases as follow:—Margaret Wihstanley v. Norman Winstanley, Janet Dorothy Pane V. James Payne, William Leith Adams v. Margaret Adams, Jamos Alexander Williams- v. Mary Irene Frances Olga AVilliams,'Douglas William Hamilton v. Margaret Jane Vowless (declaration of nullity), Christina Jones .v. Richard Alfred Jones, John Luore v. Frances Emma Lucre.

Saturday, November 20.—Benjamin Bennett Lyons v.. Elizabeth Margaret Mary ; Lyons (undefended divorco petition).

Monday, November 22.—Frederick Leo Fitzgerald and others v. Wellington City Corporation, claim for £501 for alleged negligence (before a jury of twelve).

Other cases on the list, for whioh no fixture has been made, are as under:— Richardson, M'Cabe, and Co.) Ltd., v. Wellington- City Corporation, claim foi £4752, alleged to be due under contract (counter-claim to declare contract void).; Donald Fraser v. Ellon Nightingale, claim for £521,_ alleged to be due as damages for injuries received; Rangi Kerehoma v. District Land Registrar and others, action to set aside transfers ; Charles Clifton Osmond and others v. Dalgety and Co., Ltd., claim for £32 10s., alleged to be due in respect of moneys paid on withdrawal commission;. John Keir and another v. John G. W. Aitken and another, claim foi £6000 for alleged fako representation (counter claim); Susan Emma T.imv. South Pacific Mortgage and Deposit Co. ( Ltd., claim for injunction; Commissioner of Stamps v. Alexander Milne Bcgg and another, claim for £6311 15s. and interest alleged to be due for estate duty j Attorney-Gen-eral v. Wellington City Corporation, declaration; Jessie Annio Pearce v. Public Trustee, declaration, etc.; Frederick Jdnos .v. William Nevill Ward, claim for possession of land; William Bourke v. Lionel Ramsbottom Isherivood and another, claim for £100, alleged to be duo in respect of moneys paid on deposit; Henry Thompson Johnson v. Charles W. Martin, claim for £180 for alleged breach of contract; Samuel Law and another v. Arthur Staples and another, claim for rescission of agreement, etc.

NOVEL POINT OF LAW. A novel point of InW' was recently raised in an affiliation case heard before Mr. D. G. A. Cooper, S.M., in tlio Magistrate's Court, and tho matter came before tho' Supremo Court on Sat. urday by way of a case on appeal. Some years ago an order bad been mado against Willian) Klein, compelling him to contribute' to tlio maintenance of an illegitimate ohild until tlio child (a boy) : should attain, the ago of fourteen years. Since tlio order was mado on August 31, 1903, tho child had attained the age of years, mid tho order consequently expired. Another maintenance order was sought by tho mother, on the ground that the law of 1009 required that maintenance should bo provided until illegitimate children attained tho ago of sixteen jrears. Mr. A. Dunn appeared jn sup.

port of the application, which was opposed by Mr. E. G. Jollicoo, on tho "round that the original order had boon complied with, and that a further application during the present year had been dismissed on its merits. Tho Magistrate considered that under Section 85 of the Act of 1909 ho had power to deal with the application, and ho thorcforo made an order for the payment _of 7s. 6d. per week, and a sum of £8 15s. for past maintenance, and ono guinea for solicitor's fee. It was this order that was appealed against on Saturday.

His Honour tho Chief Justice (Sir Robert Stout), who heard tho appeal, reserved his deoision.