SUPREME COURT

Dominion, Volume 11, Issue 53, 26 November 1917, Page 9

SUPREME COURT

PRISONERS FOR SENTENCE

AN UNUSUAL CASE

Two prisoners came before the Chief Justice (Sir Robert Stout) for sentence on Saturday morning. John M'Govern, who was represented by Mr. 0. P. Rkerrett, K.C., and Mr. D. R. Hoggard.-.lmd pleaded guilty to halving committed a (breach of the Military Servico Act by'making a false declaration. Mr. Skorrett explained that the prisoner had ben married on August 11, 1915, and by inadvertence the clergyman who married him wrote tho dato April 11, 1915. ■ This apparently placed the prisoner in tho Second Division, while he was really .in the- First. M'Govern handed the'certificate to tho Defence authorities. On learning of the error later on, ho'went in November to the authorities.and offered to enlist, but they did not accept his offer: ' : His Honour commentod that the recusal was a piece of red tape on the part of the Department. Mr. Skerrett said that the prisoner had been anxious to enlist, and had sold .his property at a, considerable loss. His Honour said '. that he would not pass sontenoe on tho prisoner, provided that the latter again enlifited. FALSE PRETENCES. Robert Irwin Meaclem was guilty of false pretences in connection with a timber transaction. His Honour passed a sentence of a year's, imprisonment, to bWonnurrent with a sentence Meaclem was already serving on a charge of administering a drug.

IN DIVORCE

His Honour held a short sitting in divorce. Annie Beatrico Meinnng sought a divorce from Halvor Emil Meinung on the ground of desertion^ Mr. H. F. O'Leary appeared in support of the petition. '••■.'.■ The petitioner stated that she married the respondent in January, 1907. There was one child of the marriage. She had not lived with her husband for over six years, as he had loft her in 1911. She alleged tnat he was drunken and cruel. Since the desertion, the petitioner had supported herself and her child.

. His Honour, granted a decree nisi, with interim oustody ■ of the child to tho petitioner.

QUESTION OF GUARDIANSHIP

The Chief Justice (Sir Robert Stout) has delivered judgment in the case in which Mrs. Wiltshire applied for the guardianship of three children who had been committed to an industrial school on her application in 1909, the father being then dead. The question was whether the Court hid jurisdiction to appoint the mother guardian. . His Honour held that the only authority that could change tho guardianship was the Governor-General, just as he alone could discharge an inmate of an industrial school. Even were the mother to be appointed guardian, the children would still remain inmates of the institution, and would be subject to the jurisdiction of the manager of the school His Honour was of opinion that he must refuse tho application. Mrs. Wiltshire was not ordered to pay costs.

At tho hearing of the case Mr. H. F. O'Leary appeared for tho applicant, and Mr. P. S. K. Macassoy for tho managers of tho school, who were cited as defendants..