SUPREME COURT
CRIMINAL SESSIONS
NUMBER OF PRISONERS TRIED
The criminal sessions of the. Supremo Court iv.ero continued yesterday. -Mr. Justice Edwards was 011 tho Hench.
In tho first case two firemen, Henry Den ham and Fred Elliott, were charged with stealing a cushbox containing «£3O, Bomo War .Loan certificates, ctc., from a tobacconist's shop at Brooklyn. Mr. I'. S. K. Jlacasscy represented tho Crown, ami Mr. 11. F. O'Leary appeared for tho accused Elliott. Mr. Arthur Smith was elected foreman of tho jury.
According to tho evidence of the Crown, the two accused wero outside the tobaconist's .shop of Angus Turner at Brooklyn on April 2. Denham went insielo and Elliott waited outside. Denliam camo out and called to Elliott, who also entered tho shop. Denham was then observed to be crawling over tho counter to tho shop with something under his coat. Turner found out that his casliboi was missing, and later Denham and Elliott wero arrested. Oil the following day tho police recovered a battered ami broken cashbox in Reuben Avenue. It was dcnicel by the two accused that they had bceu near tho shop. Angus Turner gave evidence regarding tho cashbox, and evidence was given by Miss Minnie Ilaynes as to seeing tho two accuseel proceed lo tho shop on the day of the theft, and also by three children who had observed Denham and Elliott about the shop. Detective-Sergeant Scott, who arrested tho accused, said that they wero under the inlluqnco of drink at the time. In defending Elliott, Mr. O'Leary contondeel that this prisoner's behaviour was consistent with the act of a man who was muddled by drink. There was no evidence that he took part in tho robbery. Re waited outside for his mate and then walked ahead of him to where ho lived.
Denham pleaded that lio did not go into tho shop at all, but went straight homo and arrived there beforo Elliott. Ho and Elliott had had drink.
His Honour commented that tho case appeared to be very plain, that was if the jury believed the witnesses, and there was no reason why they should not.
After a short retirement the jury returned with a verdict of guilty.
Denham, who had been convicted previously of theft, was sentenced to six months' imprisonment. Elliott, who had a clean record, was admitted to probation for twelve months, and ordered to pay tho costs of tho prosecution.
ALLEGED CONCEALMENT OF BIRTH. Norali Agnes Fleming was arraigned on a charge of concealment of birth. Mr. Hogg, of Carterton, appeared for the accused, Tho allegations wero that the accused gavo birth to a child, and without telling anyone concealed tho,, body of the child in a suit-case. Sho was carrying the suit-caso with her a few days later, whon she was accosted by a constable. Sho said sho had nothing in tho suitcaso, which on examination was found to contain the dead body of her child. According to the medical evidence tho child died from want of attention.
Tho evidonco of the accused went, to show that she had consulted a chemist about her condition. Quito suddenly she took ill in the .'light and did not remember anything much until she was arrested.
After a retirement of about a charter of an hour tho jury returned with a verdict of not guilty. The prisoner was then discharged.
ALLEGED BIGAMY. Bigamy was the offence alleged against George William Cecil Goocli and Ada Hosiim Stokes. Tho place named was Tiinaru, and tho onto March, 11)09. Both accused pleaded guilty. On behalf of lx>th accused Mr. H. i'. O'Leary said tho history of tho caso showed that in March, 1907, accused Stokes was married. Her husband parted with her two hours after tho marriago ceremony. She met Gooch later, who sympathised with hov misfortune. They lived together, and later, as Stokes was about to give birth to a child, they decided- that) for tho child's sako they would go through the form of marriage. Subsequent to this tho husband Stokes took divorce proceedings, .so that if accused waited the marriago would Jiavo been, quite in order. Gooch and Stokes were living very happily when their offence was discovered. Their caso was very different from tho ordinary caso of bigamy. When every legal impediment was removed accused would bo properly married. The husband wished it understood that ho had persuaded Stokes to go through tho form of marriago with him. His Honour did not look upon tho oit'onco as a serious-one. When iu man received an innocent girl into marriage, then bigamy was a serious offence. Tho present caso was a very small moral offonce. While he would treat accused leniently, he would have to impose some small penalty to show that tho law could not bo ignored. Accused would bo fined ■K CM ' l - , • L J ,U i. Counsel for the accused intimated that tho money would bo paid. Accused were accordingly discharged.
A SERIOUS CHARGE. Mr. P. W. Jackson appeared for Ed ward Williamson, who was charge?} with indecently assaulting two males at Woodville on March 27, 1918. According to the evidence of the Crown the accused, who belonged to the military police, was in 11c escort who arrested the men said to be assaulted. Tho assault was alleged to have taken place at an hotel at Woodville while tho prisoners were in-accused's custody. For the defence it was denied that any offence had been committed. Tho accused gave evidence that ho had been invalided back from tbo front, and had since re-onlistsd. He was nineteen years of age. Tho case was adjourned until 10 a.m. to-day.
TliilAßll SESSIONS By Telesi'ty's.-Pvew Asoilatlon. Timaru, May 14. In the Supremo Court, before Sir. Justice Sim, Dayiel Lynch, aged 19, for indccent assault 011 a female at Makikihi, was allowed probation for two years, and ordered to pay tho cost of the prosecution, on oonditiui: that if accepted for military service ho is to pass out of the jurisdiction of tho probation officer. John Craueton, for theft at Ashburton, was found guilty, and was admitted to probation and ordered to pay t.he costs ot tho prosecution. An aged man named Charles Boyefl, charged with shooting with intent a Maori named Bokq, at Morven, was acquitted.- Boko and another wore drinking in Boyes's hut, and refused to leave. Boyes got a revolver Ia iriphten thein away, and fired 0110 shot at the ceiling, and accused stated that Boko hit his arm, and caused the Becond shot, which accidentally hit Boko in tho ncck. . NEW PLYMOUTH By Telenraph—l'rcss Association. New Plymouth, May 14. In the Supreme Court NOIIO Te "Whiti was found guilty of assault and using obsoeno language in connection with the Rahotu disturbance at the end of March. Counsel for tho defence epplied for a now trial on the ground tliut the Chief Justice, in his charge to tho grand jury, assumed To Wniti'n guilt, and in summing up did not place the case for the defence before the common jury. Ilia Honour characterised the application as ridiculous. Sentence was deferred. The trial of To Whiti and seventeen other Natives on a charge of talcing part in the. rint and assaulting Constablo O'Neill at Rahotu 011 March 2H js proceeding. Other charges against To Whiti, I'ipi, Lealherby, and Turoa Kahukura, arising out of the above, are to be beard.
MAGISTRATE'S COURT
POLICE AND CIVIL CASES Mr. W. G. Rut (Ml, S.M., presided at tlio Mnfjistrato's Court yesterday. Albert Edward Boyson, who was convicted of drunkenness by Mr. S. E. M'Cnrthy, 5.. U., was ?rantixl a rehearing on tho application of Mr. A. H.
Ilinelmarsh, because of the fact Unit ho was net present when convicted. Hoysun maelo his fourth appearance for insobrioty within six montlis and was sentenced to a month's imnrisonmont. Mr. Riddell imposed .1 Jinn of ,I'J, in ekfault seven days' imprisonment. George Williams, 'onvicted of using obscene language. l , was lined .£'s, with the allcrnaiivo of nno month't: imprisonment, and on n charge of drunkenness he was convicted and discharged.
Daniel Hearsh.nn appeared to answer three charges, viz., using obscene language, rosistiuff a constable whilu in the execution «f his duty, and wilfully damaging a policeman's uniform frock, valued at Ms., the properly of Uie New Zealand Government After heat'iii:; evidence the defendant was Kneel -Ms.. in default seven days' imprisonment for using obscene language, was -ordered to pay 10s., the cost of the uniform, in default 18 hours' imprisonment, and for resisting the constable was convicted and discharged.
A suldier named Walter Francis Buckley was lined -ifls., in default three days' imprisonment, for obstructing Constable T. HessaU, and was ordered to pay 22a. Gd., (lie damage done lo a soft felt hat and overcoat, the property of Constable J. J. Wilson, tho alternative being -IS hours' imprisonment.
David "Wilson Oughton, .10 years of age, a flax-cutter, who was found wandering about the city doing nothing, and who, when arrested, said lie had no money and 110 work to go to. was charged with being an idle and disorderly person in that ho posseted insufficient lawful means of support. Accused said Lo was looking for work. The Magistrate intimated that if he inquired at the Labour Bureau or appealed to tho Salvation Army he would probably bs found something to do. He ivas given a chance in view of tho t'acf. that he had no criminal record, and was convicted and ordered to come lip for seutenco when called upon,.
CIVIL CASES, Judgment was given for plaintiff by default in tho following cases:—Andrew Duncan v. l:i. C. Young, 0 -Is., costs liUs. Gd.; Elizabeth O'Connor v. W. Hammington, .£l3 105.,_ costs 30s. Gd.; C. G. Turner v. William Scholes, i.'s 10s., cusis 235. Cel.; Public Trustee (as executor ui tho will of A. Sample, deceased) v. Charles White, .113 -is., costs 30s. Gd.; David M'Crae, Ltd., v. ./oseph Roberts, .£93 19s. lid, costs 195.; Dr. D. Lloyd Clay v. Joe Bauiera, £li 10s,, costs .CI 18s. (id.; Alexander Cowan anil Sons, Ltd., v. Goodwin Ford, -t'3 lis. I<l., costs 10s.; W. II Boyd and the Commercial Auxiliary Co. v. John Searle, •EG 7s. Gd., costs 135.: same v. Thomas llatchard, XI lis., costs 10s.
JUDGMENT SUMMONS. In judgment summons cases F. Teitjens was ordered to pay Win. Hendrey .£3 l(s. by May 28, in default three, days' imprisonment, and Henry Dennison to pay James Kennedy, tho Bum of .£9 16s. by instalments of 10s. a month.
JUVENILE COURT. 11l tho Juvenile Court, beforo Mr. S. |E. M Carthy, S.M., the Educnuon I Board 3 Truant Officer (Mr. J. W. But- . lei') proceeded against tho waruits of on | eleven-year-old boy lor failing to carol the child at school. Tho truant officer said that it was one of the worst cases that liatl oomo beforo tho Court, for tho lad had had practically no schooling, but instead had been permitted to roam tho streets for tho past twelve months, and had not been to school during that period. .The Magistrate epoke strongly of tho littlo care taken by tho parent to give the boy a start in life, Tho Magistrate, however, took into account that ellorts had been maelo to improve the lad's surroundings, and fined the father, William Wells, 55., with costs 75., in default 18 hours' imprisonment. Stanley Saunders, T. Turner, and Fred. Popple, who had allowed their children to go hop-picking instead of sending them to school, wero fined 25., 55., and 3s. respectively, with 7s. costs in each ease, with the option of serving soven days in gaol. Freel. Beard was also fineel 2s„ with 7s. costs, in default seven days' imprisonment, for failing to send his child to school.
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Dominion, Volume 11, Issue 202, 15 May 1918, Page 7
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1,954SUPREME COURT Dominion, Volume 11, Issue 202, 15 May 1918, Page 7
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