SUPREME COURT

Dominion, Volume 13, Issue 122, 17 February 1920, Page 8

SUPREME COURT

INDECENT ASSAULT PRISONER DECLARED INSANE / His Honour Mr. Justice Edward 9 presided over a sitting of the Supremo Court Yesterday, and continued tho hearing of criminal cases. A middle-aged man named Herbert Fletcher was charged -with having at Masterton. on December 19, indecently nssnlilted a little girl, aged eight years. . Mr. P. S. If. Maeassey, of the Crown Law Office, appeared for the Crown, and Mr. I?.. If, Jackson, of Masterton, appeared for the accused. Mr. W. L. Palmer was foreman of the jury. The court was cleared during the hearin? of tho case. In outlining the facts, Mr. Maeassey stated that a question would arise as to the mental condition of the accused at the time the olfence was committed. Evidence was given by the little girl and her father, and also by the constable who arrested accused. When questioned bv the constable the accused said, "Yes. I did it, but I am leaving Masterton and eoing to work in the country." Witness had seen the accused in Carterton drinking and knocking about, but had never seen him drunk. Dr. Grav Hassell, medical superintendent at the Porirua Mental Hospital, said that the accused was committed to Porirua on January 24. The man's condition now was that he was suffering from confusion of thought and absence of memory, and as it was of n chron'c character lie did not think tho man would recover. Mr. Macassev: When he committed the act was he incapable of knowing the nature of that act, and that it was woug? —"Yes. He probably had a., confused impression that he was not doing just what was right." • Dr. H. Prims, principal medical officer at Porirua, confirmed the opinions of Dr. Hassell. ' ■ Bv direction of His Honour the jury returned a verdict of not guilty on the grounds of insanity. His Honour ordered Fletcher to b» kept in custody at the Porirua Mental Hospital until the pleasure of tho Minister of Justice is known.

A HABITUAL CRIMINAL. Robert' Dixon AVarden was charged with breaking ant] entering and stealing on October 7 jewellery to the value of £19 75., the property of Mri. Bertha Cooper, of Somerset Avenue, nnd also with having, on October 8, at Island Bay, broken and entered tho dwelling of Giuseppe Tamulano, and stolen a.watch, a chain, a locket, a soy--ereign case, a diamond ring, and 6s. in money, the property of Gnctano Tamu"lano. and i!ls in money, the property of Giuseppe Tamulano. Warden was further charged with having stolen property in his nossession. Mr. P. S. K. Maoassey appeared for the Crown, and the prisoner was not represented by counsel. Mr. D. F. Skinner was foreman of tho jury. Evidenco was given by Airs, Cooper, Max Deckston, Maurico Brickman, Gactano Tamulano. Oiusenpo Tamulano. and Constable A. H. AVilliams, of Sydenham, on the same lines as that given in the Magistrate's Court. The accused was arrested by the constable on another charge, and'on beine searched several of tho missing articles were found in his possession, and theso were identified by the owners.

The accused did not call evidence, nor vet give evidence himself, hut exercised his right of addressing the jury. After a retirement of about ten minutes the jury brought the prisoner in guilty on the charges of breaking, and entering and theft. AVarden has a long record of crime, and he admitted some of th« nffoneci when addressing the -jury. His Honour pointed out to the prisoner that in November last be was found guilty of theft from n dwelling l , nnd was sentenced to five years' imprisonment n"d declared.a habitual crimii&l. His Honour said that he did not intend to add to the sentence tho prisoner was already scrvins. (AVarden escaped from gaol, „and while at large committed the crimes, of which he was yesterday convicted.) His Honour sentenced AVarden to imprisonment for four years and six months, and he was again declared a habitual criminal. DAMAGES FOR BREACH OF PROMISE (By Telecranh—Pros'! Association.) Dunedin, February 16. In the Supreme Court, in tho breach of promise, fiction, Annie Joseph Anderson, spinster, versus l'ctor William Gordon Spiers, bank clerk, a verdict was entered by consent for plaintiff for .i! 150. SUIT FOR £2000 DAMAGES By Telegraph—Press Association. Auckland, February 16. The widow of a waterside worker named AValter James Readford, who died through falling down the hold of the steamer Ayrshiro at Auckland early last vear. brought an action in the Supremo Court fo-dav to recover J2OOO damages from the local agents for the vessel fMnssrs. A, If. Nathan, Ltd.), alleging neslisience and breach of duty. The case was heard by Air. Justice Chapman and iurv of twelve. The agents were sued under tho provisions of tho Shipping nnd Seamen Act The New Zealand Shipping Company, which was doing stevedoring by arrangement with the atrents when the accident occurred, was struck out as a defendant, counsel reserving the right to take separate proceedines under the AVorkers' Compensation Act against this compnnv. Tho hearing was not concluded when tho Court adjourned.