LAW REPORTS

Dominion, Volume 9, Issue 2621, 17 November 1915, Page 9

LAW REPORTS

SUPREME COURT

THE CRIMINAL SESSIONS

CASES FOR PROBATION

Two young men, who had appeared in the Supremo Court for sentence on j Monday, and who had been remanded, were yesterday admitted to probation by His Honour Mr. Justice Chapman. Tlio. first case dealt with was that of tlio young married man, Fritz Anton Strack, ivho had admitted the theft of £40 worth of official postago stamps from the Department of Public Health. Mr. T. M. Wilford appeared for tlio prisoner. His Houour said that lio had l experienced considerable difficulty in doaling with the case, because of the fact that he had on previous occasions severely punished Government officials who had betrayed their trust. In view of Strack's youth, however, and tlio special circumstances ' connected with tbe case, ho would bo admitted to probation for a term of 12 months.

In the -case of the youth, Francis George Bolton, who had pleaded guilty to a chargo of indecent assault, His Honour adopted Mr. Wilford's suggestion that the offence was the result of a momentary impulse, and on account of the extreme youth of tlio prisoner probation for a poriod of 12 months was granted. His Honour warned tho young man to be careful as to bis future conduct. FOUR YEARS' IMPRISONMENT. Finality was reached'yesterday morning in the cases of Robert Stockbridge, 80 years of age, and William Stockbridge, 2S years of age, two brothers, ; who were charged "with broaking and entering the Miramar Borough Council Chambers, the Mirainar golf house, and a. bootmaker's shop in Kilbirnie. 'Mr. V. R. Meredith, of the Crown Law Office, represented the Crown, while Mr. P. W. Jackson appeared: for both prisoners, who had pleaded not guilty. Particulars of tho evidence called by the Crown were published in yesterday's issue. Mr. Jackson called no evidenco for tho .defence, but urged that the finger-print system should ■ stand alone as a means of identification. After a brief retirement the; jury returned a verdict of against both prisoners, with the qualification that William Stockbridge was guilty of receiving only in' respect of tho bootsliop robbery. The Crown Solicitor informed the Court that Robert Stockbridge had been previously convicted both in New Zealand and Australia of such offences as threatening bohaviour, playing an unlawful game, theft, and theft from tlife person. William Stockbridge had been twico previously convicted of breaking and entering.

.His Honour, in passing sentence, said that botli prisoners had been convicted of having carefully planned two biirglaries, wilich bad been carried out with great cunning. Cohort Stockbridgo had been convicted of bavins;, committed a third burglary, of which William Stockbridge liad knowledge. Tlio prisoners wero the next thing to professional burglars, and had traded upon their apparent respectability. Eacli would b'o sentenced to four yoaTs' imprisonment witli hard labour. r A SERIOUS CHARGE. Fortunatus Evelyn Wright, a hotel porter by occupation, was subsequently placed in the dock to answer two charges of indecent assault upon a male in Wellington in July last, and 1 a third charge of attempted assault. Mr. P. W. Jackson appeared for the prisoner, who pleaded not guilty. The Court was cleared during tho hoaring of the case, and His Honour directed that there should bo no publication of evidence. Tho iury retired at 4.55 p.m., and returned at- 5.30 p.m. -with a verdict of guilty. The foreman (Mr. R. Holdsworth) stated that the jury recommended tho prisoner to mercy on account of his previous good character and his eccentric ways. A sentenco of two years' imprisonment with hard 1 labour was imposed.

CIVIL SESSIONS FORMER COMMISSIONER OF POLICE. PETITION FOR DAMAGES. A petition claiming damages for alleged wrongful dismissal and a. declaration that the suppliant was entitled to certain benefits under tho Superannuation Aot was heard in the Supreme Court yesterday, before His Honour the Chief Justice (Sir Robert Stout). Tho case was that of Walter Dinnie, of Auckland, formerly Commissioner of Police, v. His Majesty the King. Mr. E. G. Jellicoe appeared for the suppliant, whilo the Solicitor-General (Mr. J W. Sahnond, K.C.) appeared for the Orown. In the petition it was set out that on March 11, 1903, the suppliant (Dinnie) was employed as Chief Inspector of the Criminal Investigation Department in England. On that date lie joined the service of the New Zealand Government at a salary of £500 per annum, with annual increments of £25. In December, 1909, certain changes necessitated the retirement of tho suppliant, who was then Commissioner of Police and an original contributor' to the Public Service Superannuation Fund. On December 21, 1909, the Attorney-General and Minister of Justice offered the suppliant the position of Inspector _of Prisons, but the offer was later witlidraivn, and tlio suppliant, at the request of the Minister, relinquished his position on six months! leave of absence as from December 31, 1909. On the faith of certain representations by. the secretary of the Superannuation Board, the suppliant applied for and obtained a refund of his payments (£93 18s. 6d."> to the fluid, but the application and payment were (suppliant said) made under a mutual mistake. Beforo tho expiry of his six months' leave of absence, the suppliant was transferred to the position of president of the Tokcrau District Maori Land Board, from which position he was retired as froan July 31, 1914. During the period of tho suppliant's employment as president of the Maori Land Board, his salary was subject to a deduction of £10 per cent, by way of contribution 1o the Superannuation Fund, and he became entitled to a payment of about £25 per annum in resppct of liia service with the Maori Land Board, but the Government and the Superannuation Board refused to recognise any claim for benefits in respect of the whole period (11 years) of his service as from 1903. Suppliant now claimed damages for wrongful dismissal and a declaration that lie was entitled to the benefits of the Superannuation Fund in respect of the whole period of bis service, subject to repayment bv him to tho fund of the sum of £93 ISs. od., which lie had previously drawn by the mutual mistake referred to.

There ivas an alternative claim for payments made to the fund since July 31. 1914, but the important question before the Court "was as to whether the mippliant's appointment as president of the Tokernu District Maori Land Board was a : ncv appointment or whether it was a transfer from his previous position and constitutor! continuous service, which thereby entitled him to benefits from the Superannuation Fund in respect of the whole period of his service. In thfi cowm of hie opening rsnin-rhs, Mr. Jellicoa said .that toA fai

duct the Crown, Mr. Dinnic would, unless his appointment was regularly determined, have remained in the public service until he was 65 years of ago, and ho would have drawn the pension to which his sorvices justly entitled him. The case raised questions of great importance to the public service. Evidence in support of the petition was given by the suppliant.

The Solicitor-General, for the Crown, Taisod the point that there ivas a break in the service of the suppliant from tlio time that he resigned his position as Commissioner of Police until he was appointed to the position as president, of the Maori Land Board. Suppliant had vacated his former position in December, 1909, and had acccpted six months' salary in lieu of notice, and consequently his appointment in the following July did not amount to a transfer. In connection with tlio claim for continuous service in connection with superannuation, it was contended that if any departure were made from the fixed principles of superannuation, endless trouble .would arise. His Honour reserved decision. IN DIVORCE. On the application of Mr. T. M. Wilford, two cases were yesterday added to the divorce petitions to be heard at the current civil sessions of the Supremo Court. The oases are: William ArthurWilton v. Eva May Wilton and another (to bo heard on Friday), and Gladys Hesse v. Harold Hesse (to be heard on Saturday). SPECIAL JURY GRANTED. Hie Honour Mr. Justice Edwards lias granted defendants' application for a special jury in the case of John Keir and another v. John G. W. Aitkon and another, a claim for £6000 damages for alleged false representation. The . case is set down for hearing at the current civil sessions of the Supremo Court.

BANKRUPTCY COURT

His Honour tlio Chief Justice (Sir Robert- Stout) presided at the adjourned sitting of the Bankruptcy Court yesterday, and granted tho application for discharge of the bankrupt David Crombie, bootmaker. Mr. T. M. Wilford appeared in support, of the application, which was not opposed. The Court then adjourned until December 6 next, at 10 o'clock in the morning.