SUPREME COURT

Dominion, Volume 13, Issue 35, 5 November 1919, Page 2

SUPREME COURT

CRIMINAL CASES

GUILTY OF INDECENT ASSAULT His Honour Mr. Justice Chapman continued the hearing of (he criminal cases in the Snrircnic Court yesterday. A young man named Gilbert Gordon Snlherley, 19 years of age, was charged with committing a.n indecent assault on a girl fourteen years of ago at Johnsonville on August IG. .Mr. P. S. K. Macassoy, of the Crown Law Oflicp, appeared for tho Crown, and Mr. H. F. O'l.oary for the prisoner. Air. William Gamble was foreman of the jury. The court was cleared during the hearing of the case. Afv. Macassey briefly outlined' tho caso for tho prosecution, and read a written statement made by the accused to tho detective who arrested him, in which ho made certain admissions. The. evidence for tho prosecution was on tho linos of that given in the Magistrate's Court. ' No evidence was called for tho defence, but Mr. O'Leary briefly addressed the iury. He eaio that if the girl had not been seen by her sister no charge would havo been made against the accused. Tho girl herrelf admitted that, which showed that tho girl was. agreeablo to what took place. His Honour, in addressing the jury, said that it bad been admitted that it was no answer that the girl had consented because she was under the ago or sixteen, ana' if that was so it was no answer to tho charge to say that sho did not offer resistance.. The jury after a retirement of about fifteen minutes returned a verdict of guilty. Sentence was deferred. A MAORI PLEADS GUIMT. A young Maori named Tipi who wa.s charged with the theft of a twin-cylinder U-12-h.p. Dayton motor-cycle and side-car. valued at .i'Sfl, the property of Frank Johnson, pleaded guilty. The owner of tho cycle on September 29 rode to AVainui-o-niata, antf left his cycle on nrivate property on Saturday afternoon, ♦itendine to recover it on Monday morning, when ho discovered that somo person had wrongfully removed it. Rimene apparently took the cycle on the .Saturday afternoon, and went to a motor mechanic's at Lower Hutt, to havo some slight repairs made.' Accused olfcred to sell the machine, but tho mechanic declined to purchase.

Mr. H. F. O'Leary, who appeared for the accused', said that the prisoner .had borne a good character before he went to tho front in February, 1915. He had heeu away about four years, and since his return he got into somo tronblo in Auckland before coming to Wellington. Ho asked His Honour to take into consideration the voung man's previous good character when passing sentence. His Honour desired some further inquiries to be made, and Riuiene will be brought up for sentence this morning. FALSE PR.ETF.NCES. ' Edward Myers, alias Mj-er Myers, who is at present serving a sentence of six months' imprisonment inflicted upon him in the Magistrate's Court in September on beimr convicted of theft of a goltfmounted greenstone brooch, was charged with attempting to obtain goods and tnonev to Hie value, of -C2H from E. 0. Brown and Co.. by means of a valueless chenue. and also with forgery. M'yers pleaded guilty to the first charge, and it is understood that tho second charge will lie withdrawn. His Honour will pass sentence on Myers this morning.

CIVIL SITTINGS The following cases have been eel. down for hearing at the civil sittings of the Supreme Court, at which it is most likelv .that His Honour Mr. Justice Hosking will preside;— (Before a Judge and jury of 12.) Mnrv Hunter Gregory v. H.M. the King, .£2OOO d.minges for injuries received. Alexander Simm and Bertram It. Collins v. C. J. 11. Norwood and David Tiedixitli. Mih damages for alleged breach of agreement. (Before a Judge and jury of four.) .1. M. Halo v. '.Robert Bryden, £200, dnlit ano' damages, r Frederick Broughton Brough v. K. Shilling, X'3so, debt and damages, (lieloro a Judge alone.) Heinrieh Heimnann v. Griffiths and Co., Ltd.. accounts, etc. , William M'Lcnr.an v. Waller Julius Joreensen, claimed as premium due. Alfredo. Hubv Cadmnn and Frances Bell Cadmau v. the Public Trustee, accounts, etc. I'ercv Sherralt v. the Colonial Farmers Co-onerative Trading Co., Ltd., possession of title depds and declaration. Henrv John Simpson v. Lazarus Wolfe Balkind. application to reopen a. moneylending transaction.

The Bank of New Zealand v. Alexander Hussell. claim ,£SO7 3s. ldd., moneys due and interest.' Frio Balfour Young v. Luke Prospect Hughes, claim £120, moneys due. Hannah Hunter v. A. do 8.. Brandon and Joseph Joseph, specific performance of covenants in deed of lt-ase, etc. Beniamin John Peters v. Mary A. Hennessey ii nd Fred Fanning, declaration that a certain contract had been validly rescinded, and claiming refund of £250 deposit and ,£lO damages.