SUPREME COURT

Dominion, Volume 10, Issue 3002, 13 February 1917, Page 9

SUPREME COURT

A CHARGE OF ASSAULT

SERIOtIS ALLEGATIONS Charles Henderson appeared in the Supreme -Court.yesterday ou a charge Qi having, with iutent, done buclily Harm to Wiiliam Fitzgerald. Other counts in the indictment, which had reference to an occurrence oil December l'J last, alleged assault in a minor degree. ' . Mr. V. E. Meredith conducted - - the prosecution, and Mr. P. AV. Jackson tho defence. . .. Mr. Mereditlij in his opening, said lliat the caso presented some unusual lectures. The defence raised, or suggested, was that the accaused caught Fitzgerald, a police constable, Having improper relations with his wife. The fact _of the assault was not denied, aud tho delenco suggested was no legal excuse tor the assault. The issue for the jury wa snarrowed down to whether the assault came under the major or tho minor counts. The authorities in charge of the l 3 "' 10 ® Department had given instructions that till. evidence available should be produced, whether it tended to cast suspicion upon the constable or not. It was essential that the public confidence in the police forco should be preserved, ami in a case where such an accusation was brought, evarytliing 'was thrown into the glare of public criticism. Thcreiorc, I all evidence that could cast any light [ upon the matter, was brought forward, though it had no direct bearing on the charge against the accused. Henderson and his wife were a quarrelsomo pair, very ready to complain to the police 01 each other's conduct. Oil tho question, Mrs. Henderson invited thoconstable, /whose beat .too him past her house, in Molcswortli Street, to go inside and see how. spotlessly cleairit was. Fitzgerad indiscreetly entered, and, while sitting on a sofa in tho front roonii was attacked by Henderson. Fitzgerald would, say that before tho police arrived on tho scene Henderson interfered with his clot'hing in-such a way as to suggest that he had been. guilty of impropriety. As a. result of tho assault, Fitzgerald had to be removed to the hospital. ... Fitzgerald gave evidence, stating his reason for entering the accused's hoi!£e, .and describing the nature of the assault upon him. In reply to questions by His Honour, Fitzgerald said ho was 27 years of ago. Henderson in attacking him had gripped him by tlie throat. ' , Mr. Jackson remarked that Henderson gavo his age as 62. . Cross-examined by Mr. Jackson, Fitzgerald said that Henderson had a grievance against him, and liad threatened about six months before tho assault to "get even." Asked whether ho said to tho police on their arrival that lie had into Hendersons' to "stop a row." witness replied that he could not remember. Ho would not contradict tho statement of other witnesses that lie said something of tlio sort, but if ho had mado such a remark it'had not been corA considerable amount of eviiteuco in addition to that given by Fitzgerald was called for tho Crown. Mr. Jackson opened for tho ilcfence, and Henderson was called. ' Tho latter mado exactly tho siwuo allegations against Consta-blo Fitzgerald'as bo had mado in tho Lower Court. Ho said ho saw Fitzgerald ill the act of miscond noting himself with Mrs. Hendorson, who consented to this impropriety. Witness had not previously borno Fitzgerald any grudge. The caso was adjourned till this morning, when further ovidenco will bo called.

CHRISTCHURCH SESSIONS INDECENT OFFENCES ON CHILDBEN. By Telegraph—Press Association. Christchurch, Fobruary 12. At tho Supreme Court, tho Grand Jury submitted a presentment advocating corporal punishment in nddition to other penalties in cases of indecent assault on children. Tlio jury also desired to express regret that similar .representations from other Grand Juries had apparently been disregarded. Tlio Judge pointed out tho great variation in character of sexual crimes, and said the teal remedy for such' cases lay not ' necessarily in heavy sentences l>ut in tho better training of young men. Ho would seo tlmt the presentment was convoyed ■to tlio proper - quarters. ' ' Tho' following prisoners were sentenced:

Thomas Williams, for theft and forgery, was sentenced to four months' imprisonment. AVilliam Thomas Burridge, breaking, entering, and thclt, was sentenced to three years' imprisonment. He had already been declared an habitual criminal; Thomas DockcrCy, charged with forgery and uttering, who 1«<1 also been declared an habitual criminal, and who had deserted from the Expeditionary Fordo, was sentenced to threo years' imprisonment. Cecil Alfred-Vaux, a youth

aged sixteen, who pieaded guilty to indecent assault, was ordered to undergo three years' let'ormativo treatment at Invcrcargill. Thomas Docksey was sentenced to tlireo yenre' imprisonment for forgery, and Cecil Alfred Faux to two years' reformative treatment for indecent assault. WANGANUI SESSIONS By Telegraph.—Press Association. Wanganui, February 12. At the Supreme Court to-day, Stephen Fisher, a returned soldier, was acquitted on a charge of firing a riflo at ltobert Alfred Elder, with intent to injure him. John Poynter was found guilty with a recommendation to mercy on a charge of failing to disclose his true position to tho Official Assignee, when ho was adjudicated bankrupt. . . MAGISTRATE'S COURT POLICE CASES. Mr. L. Or. Rcid, S.M., presided over a sitting of tho Magistrate's Court yester"This seems to bo a shocking case, from the facts I have- before wo," fiaid Inspector Hondroy, when Charles Francis Leatham pleaded guilty to charges of drunkenness and tnispuss by entering tlio dwollingliouso of bin wife, from whom ho was separated by an order of tho Court. "The accused," continued the inspector, "is tho father or four children. Ho makes no attempt to maintain them, and his wifo hits boon utruggliiig to keep them. From timet to lime, when the wifo gets a decent niUDalion, this man forces himself into tho liouso at which sho is working. Thoro ho creates a disturbance, and liis unfortunato wifo loses lier position. ... It is a caso in which the . woman dosorvos all tho sympathy and protection that tho Conrt can givo her."

Tho accused asked if ho might bo given a chanco to enlist. , His Worship replied that if tho accused really meant to enlist, and would bo accepted by tho military authorities, lie might be allowed to dp so.

Leatham was merely convicted on tho charge of drunkenness. On tho second charge he was remanded for a week, and also ordered to bo detained by tho police until Friday.

THE. LONG ABM OF THE LAW. Howard Patton Gandy pleaded guilty to a charge of having, in June, 1901, obtained hy means of false pretences a cheque for .£9 18s. 3d., and in money from Arthur B. Pownall.

Detective-Sergeant Cox said that the accused, who, in 190T, owed Pownall some money, presented in payment a valueless cheque for £20, and obtained from Pownall a chequo for £9 18s. 3d.- and also i£3 in monoy. Accused cashed Powniill's cheque. Before committing this offence he had twice been convicted of other offences, and after committing it be had gone to South Africa and put up a record thore. Ho was finally deported, and returned-to New Zealand. Mr. O'Leary submitted on.behalf of the accused the explanation-that tho latter had returned to Now Zealand in tho hope of re-establishing-himself, no was employed as an electrician, and was look: ed upon by. his employers as -a good workman. . ' His Worship sentoncod. Gandy to throe months' imprisonment, and ordered him to refund the money ho had wrongfully obtained.

A LICENSEE FINED. F. 11. Phillips, licensee of tho New Zoalandev Hotel, was charged with permitting drunkenness- on .his premises, and with soiling liquor to a person who was already in. a state of intoxication. Charles Powell,■• barman ot the hotel, was also charged with supplying liquor to a person already. intoxicated. Inspector Hendrey prosecuted, and Mr. T. M. AVilford defended. Tho inspector said that the police .visited tho New Zealander- Hotel, and ! found ono Augustus Metz in a. drunken; condition. They retired for four minutes and on coming back, found. Metz still; there, and with a measure-of bcer,whicn t ho claimed as his. in front of mm. Sorgeaut Fitzpatrick said that he saw Metz leaning over tho bar in a state of intoxication. Ho told the barman to put Metz out. Witness went off, and returning several minutes, later, found Metz still there. Witness found the licensee in a private- bar, and informed him of what had occurred. When witness showed tlio liconseo back inta tho bar he noticed a measure of in front of Metz. Metz said the beer -was his Witness asked tho barman if ho had served him with tho beer, and before the barman could reply a man nearby claimed,the beer as his. This man was also visibly under tho influence of liquor,' and' also had a pot of beer in front of him. - Asked again, later on, whether ho had supplied Metz wtli tho beer in question, the barman said ho had supplied Metz with liquor during tho day, but could, not say whether ho had supplied tho last meaMr. Wilford cross-examined.' _ Evidence by Constable ..Frost anil tho man Metz concluded the case of the P ln answer to a question by Mr. Wilford, Constable Frost said if appeared to him that tho licensee, was working hard to conduct his hotel proper!v. Defendant Powell stated m the wit-ness-box that he had not served Metz with liauor while tho latter was intoxicated. Witness was not aware that Metz was in the bar until the licensee and Sergeant. Fitzpatrick, entered. Defendant Phillips gave evidence as to steps lie had taken to imnrovo the conduct of the hotel since ho had gone into it When witness went into the bar just prior to the visit of the police, there was no man .there under tho .influence of drink. His Worship held that there was no evidence to prove tho sale of the m})°. r ' nnd dismissed tho charges against Phillips and Powell in this respect. It had been clearly proved, however, that a barman permitted drunkenness, and tho licensee was liable. The evidnce showed that the liconsee was doing his nest to keep the hotel in order, and tlw> penalty would therefore be a. light one. A fine of '£3, with costs, was inflcted. VAWOUS OFFENCES. For insobriety; Wm. Thos. Cairns was fined 10s. . „ ,„„ Thomas Albert Houghton was nned 10s. for assaulting Antonio Georgo, a restaur-iiit-lcccppr. , ' John Hevman, aged 75,- was convicted of committing an indecent act in Vivian Street. He was ordered to come up ior sentence when, called upon John Henrv Mnckeral. William Farrow and John Hilev were convicted of having insufficient lawful means of support. As thev had no record of previous offences, they were merely convicted and.ordered to come up for sentence. Percv Glen, a seaman, was fined £1 with costs £2 75.. for deserting from his vessel. Default of payment was.fixed at 11 days-in gaol. ~,.,, A middle-aged man named Michael Crowley was fined £5 for rommittiurr an aggravated assault upon Nellie Wells. Tho alternative was fixed, at 21 days' imprisonment. MAINTENANCE CASES. John William Leslie was ordered to pay arrears of maintenance amounting to iCGI. by instalments of per week, or go to caol for three months; Hfnry. Rupert Barlow to pay- arrears amounting to £& 55., by instalments of per week, or go to gaol for a month; and John Skipper to pnv £2 55., balance of arrears, within U days, or go to gaol for that period. DANGEROUS DRIVING. John Tyler, for driving a motor-car in a dangerous manner in Cuba Street, was ordered to pay costs. A charge against him of failiuc to stop his car and give -his nanio and address after an : accident had occurred, was,dismissed.