SUPREME COURT

Dominion, Volume 12, Issue 269, 9 August 1919, Page 9

SUPREME COURT

PILLAGING STORES FROM STEAMER RAKANGA TWO OF THE CREW FOUND GUILTY In the Supreme Court yesterday, before His Honour ill'. Justieo Stringer, six men—Stephen Fisher, Ernest Beech, John. Perry, Herbert Philip Pettit, • Ernest Adams, and Percy Albert Olding, were charged that on the morning of Hay 17 they each participated in tile theft "of a quantity of hams, bacon, cheese, butter, condensed milk, frozen ducks .and fowls, kippers and bloaters of tho value of .£79 ■Is., boing tlio stores of the steamer Karanga. "With the exception of Fisher and Beech all the. men were members of the crew of the vessel. All six accused pleaded not guilty. Mr. P. S. K. Maoassey appeared foi the Crown, Mr. H. F. O'Leary for tlu, accused Fisher, and Mr. M. Myers foi the accused Beech. Mr. H. C. Osborne was foreman of the jury. The evidence given was the same ah that given in the lower Court. Several witnesses who were members of the crc\> and officers of the vessel and who had left the Dominion had their evidence read to the jury. None of the defendants except Ernest Adams and Ernest Beech gave evidence or called witnesses. Ernest Adams, tlio assistant steward, said lie was ordered by the chief steward, Albert Oldhiff, to place himself under the orders of the butcher Perry to clean out the freezer' before taking m new stores. He was aroused early in the morning, and when he went into the butcher's shop Perry, the ship's butcher, told him io go aft and get a cleaver. Witness did this ana Peny removed the hasp off the door leading to the alleyway. They went to the freezer and Perry told witness to give Pettit, the assistant butcher, a hand to remove the stores. Beech, who was not a member of the crew, but who was on board, also helped to carry the stores. Tho. store-room was between the freezer and tho vegetable store. To His Honour: There was a light screened, but he did not know who screened it.

Ernest Beech said lie was a returned soldier and a butcher by trade, bat he had not worked at his trade, for somo time. Ho. returned by the Baranga, and while on Board became- acquainted with Perry, the ship's butcher. After reaching Wellington on his return from the front he went to Wairoa, Hawke's Bay, and later returned to Wellington, intending to go south to Invercargill. He 6pent tho Thursday night on board tho vessel at tlio invitation of Perry. The next day lie went to tho Union Company's offico to get a ticket for tho Maori, but sho was hold up. Ho thou tried to get a ticket for the Mararoa, but eventually was given a ticket to' go by tho Monowai on tho following day, Saturday, May 17. Had ho been a-blo to get the ticket on Friday he would not have been on board tho Baranga that night. He did give n< hand to remove the stores. He was roused by Perry, wh'o asked witness to give a hand to remove sonio stores from tho freezer. Witness did not know what was going to bo done with the stares. The stores wore on deck and nothing had been removed when the police came on boaxd. He told the polico that lie know nothing about tho stores except that ho helped to removo them from the freezer. This concluded tho evidence. Tho jury without leaving their seats acquitted Beech, who was immediately discharged. After a short retirement tho jury found Perry and Olding guilty, and Fisher, Pettit and Adams not guilty. John Perry said that he had been 20 years at sea without a black mark against him. Ho was wounded during the war whilo serving in tho Persian Gulf, and had already spent three months in .gaol. Ho was a married man with a young family dopendent upon him. Albert Olding said ho had boon 17 years in tho merchant service and had risen to tho highest position in his .line of business. lie had a wife and family in England, and had already spent three 'months in gaol. He begged His Honour to order him to como up for eeutence when called upon. • His Honour said ho was extremely sorry to ileal with men who had apparently good characters, but pilfering of cargo from ships was becoming a growing, crime, and it was inevitable in such cases that thero must be. some sdrt of collusion between men working on a ship and somo working on shore. It was necessary in a clear case such ns this to pass a severe sentence, but taking into consideration tho fact that tho prisoners had already spent three months in gaol he would sentence each to nino months' imprisonment.

TEN YEARS' IMPRISONMENT. Yesterday afternoon James Whiting wa.s placed in the dock to answer a ctuvrgo of attempting to commit an indecent assault on a male. Mr. P. S. K. Macassey appeared for tho Grown and Mr. D. R. Hoggard for the prisoner. Mr. \V. B. Gough was foreman of tho jury. ; • The evidence was the same as that given in the lower Court. The accused did not give evidence nor call witnesses. After a retirement of about 15 minutes tho jury brought in a verdict of guilty. Mr. Hoggard said the prisoner was a man of fair ago and ho had been living an industrious lifo for some years past— ever since ho camo out of gaol. His Honour: Ho was convicted in 1011 for attempted carnal knowledge, and he has also been of indecent assault. Mr. Hoggard: Since he has been out of gaol he has been an industrious man. His Honour: That could not have been very long. Addressing the prisonor His Honour said: "It was fortunate for you that your victim was not a young child or I would have'had to consider giving you some additional punishment to imprisonment. You nro not fit to bo at large amougst decent members of society." Whiting was sentenced to 10 roars' imprisonment. LIST OF CIVIL CASES. The following oases have been 6rt down for hearing at the civil sittings of tho 'Supremo Court to be held next week before His Honour the Chief Justice (Sir Robert Stout):— Before a Jury of Twelve. Mary Hunter Gregory v. H.M. tho King, ,£2OOO damages for personal injuries (Crown Suits Act). Paramount Service of N.Z., Ltd. v. N.Z. PicturcA Supplies, Ltd., and Edward Gardiner, .£5lO, being foes and general damages and «£3O a further sum as against the company. Minnie Spiro v. Phillip Sohneidornan, i! 501, for alleged breach of promise to marry. Angelina Bernai-d v. William Browning, ■£600, damages and interest for alleged i false representation on purchase of | shares; Beforo a Judge Alone. Australasian Scale Co., Ltd. v. Alfred Openshaw Franklin, injunction and .£IOO refund of moneys spent in training defendant. Alfredo, Ruby Cadtmtn and Francis Bell Cadnian v. the Public Trustee, Accounts, otc. Cathie, Dempster and Co. v. Georr Cooper Bond, .£MI lGs. 5d., refund of storage. ' The Public Trustee v. Thomas James and Emily Constance Wiudelev, as executors of John Windelev, accounts, oto. Jeyos Sanitary Compounds, Ltd. v. Daniel Moar, trading as The Dominion Proprietary Co., injunction a'nd damages £180, etc. Burch and Co., Ltd. v. Conry and Co., ,£37-1 75., for goods supplied. William Thos. Sloan v. Sydney Job Cooper and Annie rat-ton Cooper, possession of land and .ClO profit. Maurice Edward Demiislon v. Alfred Walters and another, injunction and £M damages. Cardnlo and Scott v. A. E. Ushonvood and Co., .C'>so damages for alleged breach of contract. Peter M'Donald v. Elizabeth Valentino and others, probate of will iu solemn form. Percy Sheratt v. Colonial Farmers' Cooporativo Trading Co., Ltd., declaration that agreement was validly rescinded, po-:so.=sion of title deeds, etc. Bank of Now Zealand v. Alexander Russell, ,0,807 3s. I<M., moneys alleged to bo duo and interest. Gibson's and Patterson, Ltd. v. Farmers? Co-op., Ltd., .£389 18s., goods supplied.