LAW REPORTS

Dominion, Volume 9, Issue 2620, 16 November 1915, Page 9

LAW REPORTS

SUPREME COURT CRIMINAL SESSIONS PRISONERS FOR SENTENCE His Honour Mr. Justice Chapman was on the Bench when the criminal sessions of the Supreme Court were continued yesterday , morning. Mr. V. It. Meredith, of the Crown Laiv Office, represented the Crown. Before any trials wero proceeded with, two young men, who had pleaded guilty to offences in the Lower Court, were brought forward for sentence.

A young married man, named Fritz Auton Strack, formerly a clerk in tho Department of Public Health, was first placed in the dock. Ho had pleaded guilty to tho theft of'official postage stamps, to the value of £40. - . Mr. T. M. Wilford, who appeared for Strack, handed His Honour references as to the good character of his client. Those included a letter from the Hon. .1. A. Hanan, Minister of Education. Counsel urged on behalf of his client that when the theft was reported, Strack had admitted his guilt and had assisted tho Crown to clear the matter up. His Honour might take this fact into consideration in passing sentence, and deal leniently with the prisoner. If he were given a chance on this occasion, it was not likely that ho would ever get into trouble again. His Honour was not prepared to pass sentence yesterday morning, and directed that the prisoner should be remanded in custody for a few days.

Francis. George Bolton, • nineteen years of age, was brought up for sentence on a charge of indccent assault. He was represented by Mr. T. M. Wilford, who produced letters as to tho previous good character of the prisoner from Archbishop Eedwood, Mr. W. G. Riddel I, S.M., and Mr. It. W. M'Villy, Chief Clerk of the Railway Department.

Counsel submitted that the gaol was tho worst possible place to send such a youthful offender, and asked that His Honour should, if possible, deal with the young man, without sentencing him to imprisonment. • His Honour said he would have to consider , the matter, and the prisoner, would be remanded in custody until this, morning; HOUSEBREAKING CHARCES. A PRISONER'S STRANGE BEHAVIOUR. A case of housebreaking, in which explosives were apparently used, was afterwards investigated before a common jury, who at the same time heard tho ovidence tendered in respect of two other oases of housebreaking. The parties most concerned in the cases were Robert Stockbridge and William James Stockbridge, alias' Devonport. The two are brothers and natives of New Zealand, tho former being 30 years of. ago and the latter 27 years of ago. It was alleged by the Crown that on August 22 last the Btockbridges broke into the counting-house of the Miramar Borough\Council at Miramar, and stole therefrom the sum of'£29 lis. lid., tho monev of tho Miramar Borough Council. * The two wcro jointly charged with breaking into the Miramar Golf Club House on or about the same date and stealing about £l'B in money, as well as a quantity of cutlery and tinned foods. A third information alleged that on or about July 17 tho brothers broke into the shop of Henrj? Edwards, at Moxli'anv ; Avenue, ICilbirnie, and stole therefrom' 72 pairs' of' boots and shoes, of a total value of £33. Mr. P. W. Jaokson appearod for. both prisoners, and, when _ the charge had been read over, lie directed His 1 Honour's attention to the fact that both Urisoners were somewhat hard of hearing. The Registrar (Mr. W. 'A.. Hawking then read the indictment over in a loup voico in close proximity to the prisoner's dock.

A plea of not guilty was entered by William Stockbridge, but the other brother (Robert), who was behaving in a peculiar manner from the time he entered the dock, muttered something which could not be regarded as a clear answer. Some little discussion took place as to how the answer should be construed, His Honour's ruling being that it was not a direct'- answer, and that it should ba entered as a plea of not guilty. Mr. Meredith declared that if there was any suggestion of insanity lie'was prepared to combat it with tho evidence of prison warders and doctors, but the suggestion was not. put forward. Mr. Jackson then made an application that the charges should be taken separately, as the evidence was such that the jury might bo apt to confuso tho cases to the prejudice of the accused. His Honour refused the application, and also declined to accede to a request that- the trial of William Stockbridge should be severed from tho trial of his brother. i The trials apparently presented no difficulty, and the jury could be trusted to use. common-sense and a sense of justice. In order to avoid the necessity of the evidence being repeated to tho'prisoners, Mr. Jackson agreed to accept the responsibility of his clients understanding what was said by the various witnesses.

Tho ovidence called for the -prosecution was on the lines of that given in the Lower Court. It appeared that the Miramar crimes were discovered or. Sunday morning. August 23, the Kilbirnie affair having been previously reported to the police. Detective-Ser-geant Rawle, accompanied by Detective Cameron and other members of the Police Force, visited Miramar, and ah inspection of the Council premises led them to the Conclusion that tho strong-room door had been forcod by an explosive. A. length of fuse was discovered in the building. Tlie following day the police decided to remove portions of the strong-room door to tho Government Finger-Print Department in the city, , tlie result being that certain impressions were found to be identical with those of- the two Stockbridges, whoso finger-prints were already in. possession of tho Denartmont. Early on the morning of Wednesday, August 25, a visit was paid to No. 9 Hutchison Road by a police party; consisting of Detective-Sergeants Rawle. Lewis, and M'llveney, Detectives Andrews and Cameron; and Constable Wilson. The house in question was then in the occupation of the accused Robert Stockbridge, his wife and two children, and a married couple. Detective-Sergeant Rawle placed Robert Stockbridge under arrest, and on the same evening William James Stockbridge called at the house, and was also arrested by polico officers, who were in wait for him. A search, which was conducted at the house, resulted in tho discovery of several detonators, practically the whole of the missing property, and a Savings Bank pass-book, which showed recent deposits of fairly lariie amounts.

Throughout the hearing of-evidence, the accused Robert Rtockbridge maintained liis peculiar demeanour. Tlio case for the prosecution closed just before 5 p.m.. and the Court then adjourned until this morning.

the Bankruptcy Court yesterday morning. Tiie Department was represented by the Acting-Official Assignee (Mr. S. lansloy). Application was made for fclie annulment of the bankruptcy of Joseph Myers, who had paid his creditors 20s. in the £. The applicant had been- adjudicated bankrupt in February, 1809, and shortly after a dividend of 1 5-Bd. in the £ had been made available to his creditors. Since then his creditors had been paid in full, and Mr. H. E. Evans now asked the Court to grant the application for annulment uuder Section 136 of the Bankruptcy Act. His Honour (after perusing the papers): -Well, it is not ofteiuwe get an action of this character. It is certainly very creditable to Mr. Myers that, after -so many years, be should have paid his creditors' in full. Tho application was granted, the bankruptcy being annulled under the seotion of tho Act mentioned. There being no opposition, discharges were granted to the following bankrupts:—Thomas and George Scurr, coal dealers; and W. E. A. Gorrie, labourer. Mr. T. M. Wilford appeared in each case. In the oase of David Crombie, bootmaker, His Honour said ho would have to look into the matter to see what power there was to grant the' dischargo asked for. Decision would be given on the morrow. Mr. T. M. Wilford appeared for Crombie. Tho Assignee was released from the administration of various estates, which had been under his control for some time past.

MAGISTRATE'S COURT

POLICE OASES. Mr. D. G. A. Cooper, S.M., presided at yesterday's sittings of the Magistrate's Court, when an old offender.' named James M'Michael, was charged with drunkenness, and with using obscene language. He had twice previously been convicted for obscene lan(jpage, and the Magistrate imposed a fine of £5, tho alternative being a month's imprisonment. Charles Francis, convicted of drunkenness andindecency, was fined a total sum of £3 10s., in default to undergo 14 days' imprisonmont. Ernest Marsh, for using obscene language and for assaulting an unknown, man, was fined a total sum of £3, the alternative being 14 days' imprisonment in his case also;

Robert Henderson, charged with being a rogue and' a vagabond, because he had hesil found without lawful excuse on premises at 18 Barker Street, pleaded that he was drunk, and had no criminal intent. He was convicted and ordered to come up for sentence when called upon. • On an application for variation of a maintenance order, the Magistrate directed that the payments to be made in future by Patrick Williams should bo increased to 10s. per week. Andrew Price was sentonced to three days' imprisonment for disobedience of a maintenance order, but t'he sentence will not be enforced if the amount of arrears (£2 10s.). be paid within 48 hours. In the case of Georgina Barr v. "William Barr, the complainant was granted a. separation order with custody of tho two children. Defendant was ordered to make maintenance payments of £1 per! week.

For ill-treating a. horse by working it when it was suffering from ringbone, Wong Chew was fined 20s. ■ He was also ordorcd to pay 7s. Court costs and 10s. 6d. solicitor's fee. Default was fixed at three days' imprisonment. " Frank Fitzsimmons, charged with drunkenness and with obtaining a meal without paying for it, was remanded for a week.

Persons convicted of drunkenness were dealt with as follow John Patrick Coyle, fined £3, with the .option of one month's imprisonment; Alexander Sutherland, who made no appearance, forfeited the amount of his hail, 205.; Guy Oocklmrn lined 10s., with the option of 48 hours' imprisonment; George Harley, 'fined 10s. or 48 hours' imprisonment; and John Robert Webb fined 10s., or 48 hours' imprisonment. Five .first-bffenders were leniently treated.

PETONE POLICE COURT

At the Petone Police Court yesterday, before Messrs. J. W. M'Ewan and J, I Piper, J.P.'s, Richard Waters and Robert. Ferguson were charged with threatening behaviour in a public place. As Waters was considered to be tlie aggressor, he was fined 205., with Bs. witnesses' expenses, in default 24 hours' imprisonment, Ferguson was discharged.

LOWER HUTT COURT

At the Lower ,Hutt Court yesterday, before Messrs. J. Pearce and C. Holland, J.P.'s, Frank Ell was charged with drunkenness and using obscene language in a public place. Ell was fined 55., in default 24 hours' imprisonment, on. the first charge, and on tlie Bccond he was fined 405., or seven days' imprisonment. For allowing cattle to wander, Phillip Cameron, Geo. Packwood, Francis Twomey, Donald Fraser, A. Hardham, and Clias. Cunningham were each fined 55., with costs 75., in default 24 hours' imprisonment.

AUCKLAND SUPREME COURT

CRIMINAL SITTINGS. By Telosra,ph.—Press Association. Auckland, November 15. The Supreme Court opened to-day, before Mr. Justice Stringer. His Honour, in charging tlife Grand Jury, expressed regret that the calendar was unusually heavy. .-Twelve of the charges related to offences-of a sexual character. Commenting on the large number of charges of indecent assault on young children, His Honour said if aggravated cases of this kind continued to occur, the Judges would have to seriously consider the matter of the reintroduction of flogging. In none of the present cases had the children suffered serious results, but parents and guardians could not _be too careful to protect them against being tampered with by men of vicious habits.

DUNEDIN SUPREME COURT

CASE OF COMMON ASSAULT. (By Telegraph.—Press Association.) Dunedin, November 15. At 1 tlie Supreme Court to-day John Daniel Black, charged with attempting to commit a serious offence on a young woman, was convicted of common assault, and remanded for sentence.