SUPREME COURT

Dominion, Volume 13, Issue 37, 7 November 1919, Page 3

SUPREME COURT

CRIMINAL SESSIONS

SALUTARY SENTENCE ON TWO THIEVES His Honour Mr. Justieo Chapman continued the hearing of oasos at tho criminal sittings of tho Supreme Court yesterday. Cecilia Hunter, for -whom Air. E. P. Bunny appeared, was placed in the dock for sentence. Tho prisoner was found guilty on Monday of forging the name ot her sister to an allotment warrant lor ,£4 10s., and uttorng tho same. Mr. Bunny said he understood that in this case tho jury had recommended the jmsouer to clemency. • The jury probably took into consideration the fact that the woman's offence was more technical than criminal. He appealed for clemency on another ground, and that was that her husband, wlio had just returned from tho front, and who was present in court, was prepared to take ms wife down to Riverton to stay with his _ mother, The previous convictions l"ainst the woman were all duo to tho fact that slw had given way to drink. The husband, who was sworn, said ho would lie able to take his wifo south on November 13: he rould not leave hofore a-< lie was ,under medical treatment.

H:s Honour ordered tho prisonot to come tin for.sentenco when called upon, on condition that, she remained in custody milW* Thursday next, and then goes with her husband to R : vcrton. Addressing' the .prisoner.' Hie Honour said that her .husband had been very good to her in offering to take her back and givo her a home. The only ehanro-she had was to give up drink. His Honour said ho was placing her under tho control of her husband, and if it were found that ehe could' 'not be controlled, or that she misbehaved herself :'n any way. the police would bring lier into court, and she would bo liable to be sentenced for tlxo present offence. THIEVES PUNISHED. A Maori named Jack Tauwhangn, 39 rears of age, who was eonvictod of robbing an old man of £Ul, and also with assaulting him, was sentenced to twelve months-''imprisonment,-to he followed by three years' reformative detention. Thcro ■were sevoral .'previous convictions aaginst him, anil the Crown Prosecutor stated that tho police report showed that the prisoner was a labourer and a hard-work-ing man, but was in the habit of associat'n.g with w'omen of ill-fame, although lie did not live on the proceeds. His Honour said that tho. prisoner's crimo of.attacking an old man was very disgraceful. The prisoner hod given tli'o police no assistance to recover the stolen money, or to find out who else.had beenimplicated in tile, crime. The prisoner's best chance of getting lenient treatment from tho Prisons Board was to immediately givo the police all the assistance lie could to recover the money and to bring those implicated to justice. Mr. T. Jordan, of Masterton, appeared for Walter Henry Newman, who was convicted the previous day of t.he theft ' of .C-lfl and an oveivoat from the person of Henry James Jackson, a fruit-hawker. Counsel said that unfortunately there were previous convictions against the prisoner, but. they were minor nffrnep.s. and the whole of them wore'attributable to dr'i\k. Tie was a hard-working, man, and the only way to, giv him a. choice to save himself'was to place him under restraint. ITis Honour said flip only thing he eoiiid do mis to place tho prisoner where he would g"t regular work, mid be given an on'oorhinit.v t:> refonn. The. nrisoner was fpitteveH to 12 months' Imprisonment, to be followed by three I years' reformative treatment. ALLEGED INDECENT ASSAULT. The hearing of the charge aga'nst Patrick' Murphy of having on September IS. j committed an indecent assault on a ma'e was continued. Mr. 11. F. O'Leary appeared for the ; accused, and Air. William Gamble was j foreman.,of the. jury. .. j vr 'l'he offence wa.s .alleged to have "oc- i ciu'rcd'in the Thistle Tnn HoK. The ' bov was sent by his .mother to tho hotel to deliver some laundry goods, and wh"n : the boy was in the hotel, ho met the accused. j Patrick Murphy, the aceiwd, sa : d he ; w;!.s a fireman, and the la.=t boat lie was ■ on' was the Ulimaroa. When he was ashoro he generally stayed at the' Thistle ; Inn, and prior to the date on' which tho ofl'enco was alleged to have bi-en committed lie had been three days , at the hotel. On tho date in , question be was '.waiting about the hotel, as lie was expecting a tele- I gram. Ho got the te'.cgium about I 3 p.m. He continued to. stay at. Ihnl hotel_ until tho.evening. He was with | two friends in tho bnr at about 5.30 p.m., j aud a little later.he went into the fit-ting-room and read the paper'. His friend Roid called him to come and have another "spot," which lie did, and just before G p.m. his friend left and witncsi. walked down t.he passage, and in doing eo .lie saw a boy ill tho sitting-room. Ho returned to the bar and at G p.m. went upstairs, had his tea, and later went on board a vessel at tho wharf; on his return lie was arrested by the police. In cross-examination witness denied having seen, the complainant in tin hotel, he saw a boy in Iho sitting-room when he was going down the passage. Hi! denied being m the sitting room with jihe boy. ' ' ■ " Evidence was also given bv Joseph Dunn, a boarder at the Thistle inn Hotel; Catherine Nolan, cook at tlift hotel; the licensee of the hotel, and ,a man' named Reid, who had several drinks with tho accused on the.evening in citiesfcion. The jury retired at .'1.1(1 p.m. and returned at '1.50 p.m. and found the prisoner not guilty. Tho accused was then formally discharged. ... . . ALLEGED BIGAMY. ... ■ A young man was charged that having married a particular woman on March IS, 19H, in England, lid last year went through o form of marriage with another woman at All Saints' Church, Kilbirnie, his finit wife being still nlive and resident in England, thereby committing bigamy. The accused, who was represented l>v Mr. P. W. Jackson, pleaded not guilty." Mr. i!. L. Thompson was foreman of tho jury. Mr. Macassev, for tho Crown, briefly outlined the facts.' Tho man was married at_ Tilbury, England,-and there was One child, 21 years old. The accused, who was a fireman, left England in January, 1917, for Australia, and in January, 1918, he came to New Zealand, and at the end of the year he married his second wife, knowing that his first wife was still alive. 11. F. von Hanst, solicitor, said lie wasfamiliar with the marriage laws of England. Marriage by banns wa.s valid aud binding. Witness himself had been married by banns. Tho mother of the second wife oi (ho accused said, she was present at the marriage of her daughter to the accused in Ail Saints' Church, KilHreir. lart. v.-r. Constable Wilson stated that on March 12 last he interviewed the accused at Wellington, and questioned him. with respect to the maintenance of his wife. Witness questioned the accused with respect to his wife aud child m England, and accused admitted that lie was the person referred to and thai he had a wife and child at Home. Tie said that he knew the wile in England was alive.

Dpfoctive-Sergcjint Mason, who arrested the accused on October 13, also gave evidenco with respect to certain admission*.

i'or the defence. Mr. Jackson asked if there was any case for the accused to answer or for any case to go before tho jury. It was for the Crown In prove the validity of the. first marriage, and the prosecution had not p'oved tl-at tho first wife was living when the second marriage took place. His ITonour: ft is presumed so. It is ordinary presumption. Mr. Jackson: There nro authorities, Your Honour. His Honour: T don't caro what, t.lie authorities are; .[ know tho law on the putter.' Mr. Jackson said he did not intend to call evidence, but exercised his right to address tho jury. Mr. Jackson said that tlie Crown had to prove four filings— (1) the celebration anil validity of tho nrst_ marriage; (•>) flic identity of tho parties of tli.it marriage; (.'!) tho oxist.oiice of tho consort at tho duto of tho

second marriage; (1) and tlio celebration of tho second marriage. Ho oontouded that tho Crown had not proved these points. It was stated that tho accused made certain admissions to tlio eonstable, aud oven if he did, which was denied, was tluit admission of his f-voof tlia; his first wifo was still alivo wiioji the marriage at .'aalbirnio took jjlaco: J Ho contended that the Crown had not proved its case. Tho first wife might, have been dead when tho second marriago took place; they did not know. A ]<>; of llunus had happened in England in the last year or two—there had been tho epidemic, for 'instance. Mr. Jackson then -.(noted the law on the subject, and iLis Honour intimated that lie would permit the Crown Prosocutw to quote tho law also. Tho jury retired at Ll-i p.m. and ictuvr.cd fifteen minutes later with a verdict of guilty. His Honour, addressing the prisoner, raid: "I take ft very -erious view of this kind of. offence. It is just as bad to inveigle a girl into marriage by a swin 110 like this as to violate iier person." 1 lie prisoner was sentenced to two vears' imprisonment with hard labour. " At tho request of Mr. .Tack-son, who raised the poijit as to whether the Crown was bound to provo affirmaiively that, the first wife was alive when the second iuirriago took placo, His Honour agreed to slate a case for the Court of Appeal. christchurch sessions. Hji Tclecraph—l'rcßs Association. Christchurch, November (i. In the Supreme Court Charles Robert Bignell, of Westport, was charged with supplying noxious things to Ellen Halo, with intent to procure u miscarriage. Tho case was heard at the last siltine. of the Supreme Court in Greymonth, the jury failed to agree, and the Crown's application for a change of venue was granted. The jury, after four hours' retirement, returned with a verdict ot guilty with a unanimous recommendation to tho utmost mercy. His Honour: "Yo.ur recommendation will reccivo hk consideration." Sentenco was postponed till to-morrow. DUNEDIN CRIMINAL SITTINGS. By Telegraph—Apnociation. Dunedin, November fi. At the Supreme Court, William Gerald Maiming was convicted on a charge of falsifying accounts as tho servant of John Watson, Port Chalmers. The jury made a strong recommendation to mercy on account of the lax manner in which tho employer allowed the business to be conducted. Manning subsequently pleaded guilty to a charge of receiving ,£lB 10s. Gd. in various sums and fraudulently omitting to account for and pay these sums to Watson. Accused was remanded for sentence. ■■