SUPREME COURT

Dominion, Volume 10, Issue 2931, 17 November 1916, Page 8

SUPREME COURT

LIBEL ACTION SETTLED OUT OF COURT Mr. Justice Edwards,presided at the Supreme Court yesterday, and dealt with tho civil business. The.suit brought by Thomas J. Thurman and another against Henry Wright claiming £1000 damages for alleged libel contained in a letter written by tho defendant, and published in The Dominion, was settled out of court. When the caso was called Mr. H. F. von Haast, on behalf of defendant, mado the'-following statement:—"lam instructed to say that Mr. Wright lias sworn in his answers to the interrogatories in this case, that when he wrote the letter complained of in the action ho did riot know the plaintiffs in tho action, nor had he the plaintiffs or any of their transactions in his mind. In writing the letter, he was discharging what he thought was a public duty, and intended to make no reference to the plaintiffs, or, indeed, to any particular individual." Mr. M. Myers, for plainiffs, made the following statement: — "The sole object of tho plaintiffs in bringing this action was to make it plain to their customers and the public generally that tho statement in the opening part of Mr. Wright's letter to The Dominion in no way referred to them. It was necossary to do that because many of their customers and friends, on reading the letter- in The Dominion, thought that reference was made to the plaintiffs. Mr. Wright has- made it plain that he 1 did not refer, or intend to refer, to them. The plaintiffs' answers to the interrogatories administered to them show that the words complained of cannot in any way apply to them or their business." The case was struck out PRISONERS FOR SENTENCE FOREMAN GETS SIX YEARS. . In the Supreme Court yesterday, tho Chief Justice (Sir Robert Stout; bad before him three prisoners for.sentence, only one of whom was actually sentenced. . Edward Alfred Foreman, who was found guilty of breaking, entering, and theft, and who pleaded guilty to ether charges of a similar character, was placed in the dock for sentence. Mr. H. F. O'Leary, who appeared for accused, addressing His Honour, asked that the accused be- punished only for the crimes of which he had been found guilty, and not for any offences of which he might be held in suspicion. ■ His Honour, addressing the prisoner, said he had been found guilty of burglary, the amount involved being £450. "You are a young man, an able man, a man of .good address, and you might have made your way t in the world anywhere.' I always hope that a man like you may reform. I am going to give you a chance, but you niiis* receive some sentence to act as a warning to others who may be criminally inclined. I am not going to pass a sentenco on you that will give you no hope. With good conduct in prison the sentence will bo reduced and you will have a chance of reforming." Foreman was sentenced to six years' imprisonment, with hard labour. REMANDED TILL TO-DAY. Thomas M'Namara, found guilty of indecent asault on a male, was put forward for sentence. Mr. H. F. O'Leary, who appeared for prisoner, mentioned the point of law that ho had raised during the hearing of the case, and obtained His Honour's consent to take the matter to the Court of Appeal. ■ His Honour refused to sentence the prisoner, arid remanded him until -aoday, because the records of the prisoner's previous convictions did not appear to be correctly given. "Four calendars have been submitted to.me from the police' and' the gaol authorities, and none of them agree. There is something wrong," remarked His Honour, who suggested that the French system of preparing a "dossier" should be adopted, and filed in the Court for reference. v James A. Webster, who pleaded' guilty in the Lower Court to the theft of moneys from the Upper Hutt.Town Board, was brought up for sentence. His Honour said that ho had not read the depositions, and would therefore defer passing sentence until to-day. Mr. 0. S. Mazengarb. who appeared for the prisoner, obtained leave to call witnesses as to character, and called W. H. G. Bennett, who said that in 1913 he was manager of tho South Taranaki S.S. Co., and that Webster was in his employ for about twelve months. Webster's conduct during that period was exemplary in the extreme. Constable Holmes, stationed at the Upper Hutt, said he had known Webster for about 2} years. The man was not a drinker, nor did be attend race meetings or bet. Ho was well regarded in the district, and the people had a great deal of sympathy for him. Mr. Mazcngarb said he had other witnesses to call, but perhaps tho two who had given evidence would suffice. He suggested that if His Honour,could not see his way to grant probation, he would follow the course adopted in the case of the Lyttelton Borough Town Clerk, and order the prisoner to come up for sentence when called upon. Continuing, counsel said Webster was 27 years of age, and was married in May of_ this year. He had endeavoured to join the Expeditionary Force, but was /ejected for some slight defect in eyesight. He was still anxious to offer his-services. Webster had not in any way. concocted the books, and frankly admitted his guilt and helped the Audit Department'in every way.