SUPREME COURT

Dominion, Volume 10, Issue 2925, 10 November 1916, Page 9

SUPREME COURT

ALLEGED CARGO BROACHING WATERSIDER FOUND NOT GUILTY The Chief Justice, Sir 'Robert Stout, presided at tho Supremo Court yesterday, when the hearing of criminal cases was continued. Joseph Gavor, a waterside worker, ", as placed in tho dock, charged with the theft of two pairs of ladios' shoos from s.s. Monowai, on July 11,. the property of Messrs. Skolton, Frostick, and Co., of Christckurch, also with receiving two pairs 0/ ladies 1 shoes knowing tho samo to have been dishonestly obtained. Mr. P. S. K. Macassey, of the Crown Law Office, appeared for tho Crown, and Mr. P. J, O'Regan defended accused.

Tho evidence given for tho prosecution was on the samo lines as that tendered in tho lowor Court, and was to the effect that accused was working on the Monowai on tho date in question, and at kndek-off time, about 11 p.m., a Customs officer on duty noticed that the overcoat accused was carrying appeared bulky. "Instead of putting on the coat accused placed it on a trolly, and tlion came towards the Customs officer, who accosted him, and asked him what ho had in his overcoat. Accused said ho did not know, but would have a look. The coat was searched, and two pairs of ladies' shoes were found in the pockets. He denied that tho overcoat, wag his, and stated that he had placed it on the trolly because he did not wish to be called on for further work as ho had a child seriously ill and wished to get home. He said he had taken the overcoat from the line of overcoats hanging up on the back of tho shed.

For the defence;" Mr. P. J. O'Regan said the matter was very simple. Qaver was working on No. 4 hold of the Monowai, and was on tho wharf. He had been working from 8 a.m. until 11 p.m., and when work ceased he took an overcoat which he thought was his. He noticed it was heavy, but as it had been raining, and he usually carried his overalls in his overcoat pocket the weight of tho garment did not trouble him. He explained why the overcoat was placed on the trolly, and stated that _ the overcoat which accused had in his possession was inadvertently taken by hijn. It was not his overcoat, but it waa very much like his own. He was never on board the Monowai during the whole course of the day. 1

Evidence in support of counsel's statement ivas given by accused, who said ho 'used two coats that day, making a change whon he went home to tea between 5 and 6 p.m. He also explained tho difference between his coat and the one that was found in his possession, and which he maintained he had inadvertently taken from the back of the shed. Others who were working with accused were called as witnosses, also the wife of tho accused, who went into details as to tho: fivercoat worn by accused on the evening in question.

The jury were out for about threequarters of an hour, and returned a verdict of not guilty.

DEFAULTING WITNESS PUNISHED. Ellen Kubler, who was summoned as a witness in the caso in which a man named Itidout was charged with hagsnatching on Tuesday, and who failed to attend, was arrested yesterday morning and appeared in tho Supremo Court yesterday afternoon. When asked why she failed to attend, she stated that the summons was not in her name. His Honour: The summons was for Mrs. Ridout, and were you not living with Ridout as his wife. You knew tho summons was for you. The accused said she knew that, hut she thought she would be committing perjury if sho responded to tho namo of Mrs. Ridout. •

His Honour said that for a witness to fail to attend to give evidence when summoned was a very serious matter. Ho did not know how to punish the accused, but she was deserving of punishment. A fino would bo useless, as she. probably liad no money. Finally, His Honour ordered her to come up for when called upon. A NEW ZEALAND CASE IN LONDON. By Telegraph—Press Association. Hokitika, November 9. Private advice has been received that in the suits the Hohonu Diamond Terraco Goldmining Company versus Mr. and Mrs. C. J. Parliam, Hokitika, heard before the King's Bench Division, London, last week, defendant was successful in both snit6.