SUPREME COURT

Dominion, Volume 11, Issue 201, 14 May 1918, Page 7

SUPREME COURT

CRIMINAL SESSIONS

iNOT A BIG LIST

lliu criminal .-essiun-. of Ihe Huprcnin Court, tuiumeiiei-d ycjU'iclav morning. Ills Honour Mr. Justice L.dwaiiU was on the Ueuch.

v -Mr. 1 , . «. ilacasioy, of the Crowu Law Unce, i-oprofieiUed the Crown. Jnii Grand Jury comprised (he following: Aubrey i'rnncis Gaultcr (foreman), James J'boiuns Hunter, l'hilip (.onßrave. .David .Murray Keau, Thoiims mlson, Kobert M. Virtue, Matthew Cable,- Norman 1). I'rancis, V'rank Fanning, Harold IS. Gray, Gordon J. litid, Hector L. Cameron, Joseph Lewi.-, Henry W. Lever, .Iniiios -\. .Barnes , , Jauitw 'Paul, Walter J. Jiluiulell, Eustace W. Ackland, Walter li. Fussell, Leonard D. Hurst, David A. Taylor, Norm.in H. Jack.

HIS HONOUR'S CHANGE. In charging the grand jurors His Honour expressed his pleasure that there was not a very big list on this occasion. In all, eight bill would be presented to them for their consideration, and he did not think they would have any difficulty in coming to a conclusion concerning them. His Honour reminded thtin that it was rot their duty to try a case, as they heard only one sido of it; but rather on the evidence tendered to them to decide whether or not the persons accused had a charge to answer. Tho calendar was not a particularly shocking one, and thero was an. entire absence of assaults on women anil children.

The Grand Jury returned a true bill in all indictments.

ACQUITTED ON A SERIOUS CHARGE The first charge- heard was Hint, against Patrick O'ivauo and James Whelan, who were jointly arraigned for administering noxious pills to a young woman with intent to procure abortion. Mr. T. Neuve appeared lur U'Kauo and Ur. J. Scott for Whelon. Mr. n. Foley was chosen foreman of the jury. According to the evidence of the Crown a young woman got into difficulties and was supplied by O'Jvuno with certain pills. Later on she received further pills from AVhelan, tit the instance of O'Kanc, but sh? did not inako use of all of them. Some of the pills wero destroyed ond others handed to Detective-Sergeant Kawlo. Both accused pienilod not guilty. After a retirement of twenty minutes the jury returned with a verdict of not guilty in each oaso. The prisoners were accordingly disenarged.

ALLEGED THEKT OF A 11OTOKCYCLE. The hearing of tiie evidence' in the case of a young man named Willlem Alexander Jtf'Lcan, charged with stealing a motor-cycle valued at .t!GS from Aural John Withers, lusted only seventeen minutes. Acording to Mr. Mac-assey the accused saw an advcrlistinsnt in. a paper 'announcing that a motor-cycle was lor sale. Accused roplic-d to the advertisement and said ho would take the machine for atrial. He did not return with tho motor-cycle and was arresUd later with tho machine in his possession. The excuse of tlio accused was thut ho had the machine on trial i nd he could gel the money to pay for it from Mr. John Bull, of Wanganui. The. police, however, found that no such man existed. Tho accused, who called no evidence, did not go into the witness-box. Ik made a statement iu which he asked the jury to remember that,if he intended to steal the bicycle lie would hardly have ridden the machine about town, and have stopped lo fill it with beuziiio opposite tho polico station. The jury brought in a verdict of not guilty, witli a recommendation that the prisoner be reprimanded for his' behaviour in not returning tho motor-cycle that evening. His Honour discharged the prisoner and told him that it \v«s ••■ery- lucky- thai he did hot go into the-Jwx to givo.evidenoe, as ho might have been asked some awkward questions. . YOUTH AND -CRIME

THRKE PRISONERS SENTENCED. Thi'de prisoners cur.e up .or sentcnuu in the- Suprtmu Court ..-estordav beluru His Honour Mr. Justice Jilivarils.

A yottm; woman, Slarjjery luitherino Trott, for whom Mr. L. L. E. Edwawb appeared, w«s iirst in the duck. Prisoner pleaded guilty at 'Vunguuui eu May 1 to a charge <'4 theft. In nskiiig for probation counsel said that ill's. Trott, whose husb;ind was dead, had two young children. These she had to support on u weekly wage which i.ovcr exceeded J!2, and tor the <.ieater part of the time was £1, with tie help of a moiith'y pension of JCI

Tho police and tho probation officer's reports being favourable His Honour admitted tho woman to probation for a period of twelve months. At the same time His Honour pointed out that whatever her needs she had no right to other people's property. A youth named Ernest John Uathiesrin, who had pleaded guilty .at Wellington, to a charge of fraudulently retaining a postal packet, h;td nothing to say why tho sentences of the Court should not bs> passed on him. His Honour admitted the lad to probation for twelve months on. the understanding that ho went back to his old employer, who was willing to give him another chance; that restitution ha made of tho sum of £1 odd, found in his pockets at tiio time of his arrest; and that ha pay tho cosh of his prosecution at the rate of 2s. Gd. per week. Another youthful prisoner was Robert Shaw, who had pleaded guilty to a charge of theft at Wellington. Ho was also not represented by counsel and choso to make no statement.

His Honour said that he was loth to send ono so young to gnol, but prisoner had a very bad record, and !hi3 was net his first offeuce. In his own interests ho should not be allowed to continue his wayward career unchocked. He was therefore ordered to be detained in the common prison at Wellington for reformatiro purposes for a term not exceeding two years. His Honour pointed out to tho prisoner that it was possible that, if the authorities thought fit ha might be released before two yeors expired.

NEW PLYMOUTH SESSIONS DRINK] NO" HABIT CONDEMNED BY TILE CHIEF JUSTICE. H.T Telegraph-Press Association. New Plymouth, ?,[ny 13. The Supreme Court opened before the Chief Justice, Sir Robert Stout. The following prisoners citnie up for sentence :—Oswald Harris, 11 years of age, lor an unnatural offence, was given probation for three years, and urdcrcd to pay U!5 towards tho costs of the prosecution; Arthur Corbolt, for breaking and entering and theft, three years' probation, and ordered lo pay seven guineas towards the cost of the prosecution, and not to enter an hotel or drink intoxicants during the probation; Frederick Hoebuck and Frederick M'Gruger, on two charges of breaking, entering aud thefl at Okalo, were sentenced to two years' reformative treatment; Herbert Lon'cstali and Duncan M'Arthur, who plradeul Kuilty to tlio theft of wool at Wailara, wero admitted to probation for eighteen months, and ordered not to enter an hotel or drink intoxicants, and to pay .£5 each towards the costs of the prosecution; William James Jones, who pleaded guilty lo the theft of wool at Wnitara in connection with tho above, had several previous convictions,- and was sentenced to fifteen months' hard labour. In his chargo to the grand jury tho Chief Justice referred to Iho amount of crime directly traceable to drink, and said that at least one-third of tho crime, in Now Zealand was the direct result of the drinking habit, and thought that Iho people woro doad to all sense of humanity towards their fellows in not stopping Iho drinking, by which some of tho best men of the country were brought to crime. Ho also said ho was amazed that in the midst of tho terrible war tho people continued to spoud money on drink and plcasera. Thoeo at ■homo were leaving all tho, sacrifice to be made by tho men who had gone to tho front,