SUPREME COURT.

Gisborne Times, Volume XVIII, Issue 1444, 3 May 1905, Page 1

SUPREME COURT.

CRIMINAL SITTINGS. (Before His Honor, Mr Justice Edwards.) CARNAL KNOWLEDGE. Tho caso of Willinin.. Henry Tozer, charged with carnally knowing a girl between 12 and 10 years of uge,wa*o:r. tinupd yesterday morning, the evidenoo being .the sumo ae that given in the lower Court." ' "

Mr Nolan conducted the prosecution, and Mr Stock defended accused. Mr Stock called do evidence foe tbo defence, but addressed the jury at seme length. He stated r.hiit before eouvictiug ■the prisonor Ihe jury inquired to be satisfied of bis guilt on this particular occasion. Ho asked thorn to dismiss from their minds anything that had happened on a previous occasion. He emphasised the short period of timo that tho girl had been with uccustd. from a minute to a minute and’ a half, according to her father’s evidence, and asked the jury' was it possible that accused could have committed tbo ciimo with which ho was indicted within that limy. Ho drew ibe jury’s attention to tbo evidence of tbo doctor, which stited that the girl was fu’ly developed, and bad received no injury physically'. The accused was prepared o make tho fullest reparation in his pow-r for the wrong ho had done the girl. Ho was ready and wiling to marry her, and save her from the pain and sbame which she was now facing before tho world. He asked the jury to take all these facts into oonsidoralion, and’ acquit the prisoner. His Honor summed up very briefly and forcibly. Ho pointed out that the young Australian had boon taken into the household by the Gordons, and had proceeded to dobaueh their daughter, whose age ho knew. The jury were asked to acquit tho prisoner on the plea that lie had not bad time lo commit the offoice. If the jury believed there was intontion to commit the orimo they must find him guilty. Tho girl may have suffered no phy'sioal injury, but it was tho moral contamination they bad to consider. Tho prisoner had not even denied committing tho offence. The case had not been defended. He would say more, it was an outiago on decency to suggest that no injury had bern suffered by the girl. The jury had only one duty to perform, and his Honor hoped they would perform it. After a short retirement tho jury returned with a verdict of guil'y, adding a rider recommending tbo prisoner to the mercy of the Court. SHOOTING WITH INTENT. In discharging James Bennett, for shooting with intent, tho charge against whom was thrown out by the Grand Jury, his Honnor said, that the Grand Jury, in throwing out tbo case, had regretted there was no way accused could be punished for the careless discharge of firearms. He hoped accused would bo a little more careful in.future. Fortunately ho had not hit anyone. Had he done so, it might have been a long time before be bit anyone again.

FORGING AND UTTERING. Lillie Havdiog was brought up on two charges of forgiDg and uttering at Tolago Bay. Mr W. L. Reos appeared for acoused and asked for the leniency of the Court. iECis Honor said he did not intend to send such a young girl to gaol, but unless she turned over a new leaf she would'cor. taioly be sent to. prison. She was admitted to probation for the period of , one year." > "• a ' ■■ "• - CIVIL SITTINGS. Waipo Hrpi - v. Hoterini Hukunui, a o.laiin for delivery of sheep .and increase, and- damages , £SO. Mr Stock; appeared for plaintiff and, Mc.W, L., Reef? for the defendant. Plaintiff not being. prepared to proceed, his Honor gave a mon-suit, ■with costs. . - -i IN BANKRUPTCY.

Henry Hyde applied, for, discharge. Mr'H,‘ Bright’ appeared,in support. Mr Biairl appeared' dn'behall blithe assignee and a creditor,. Mr Gilman, and opposed the application'on the ground , that bankrupt did not keep, properbdoks. Mr. Bright admitted, that bapkrup.t, who .was a small contractor, did .not keep proper .books.

His Honor said that people, who entered into business ; should keep proper.; books. The discharge .of bankrupt would, be .suspended for 12 calendar-months.

John MeConnchie applied for.discharge, Mr W. D. Lysnar.appoaro.d in Bupport, and Mr Blair for the .assignee. The application was,opposed,op acoountof the., debtor not haying, carried out hia, promise to' his creditors.,, Thejassignas: suggested-that he should undergo,a public examination. .Mr Lysnor said that.bankrupt had made an honest, attempt- to . keep -to-.his promise to pay 73,64 a., week;- but only earning 10s a day, and with five, children to keep, he found after paying £ll he couldrnot do it. His,. Honor . remarked that, debtor appeared to have, gone 4 *into business at the expensojof bis creditors. .Ho must mark his .disapprovals! this course, although ho could-not see what beuefit-could bo gained by a public examination. ‘A man-had no right toigainto business-without -capital, :and,-;His. Honor , would suspend hiß, discharge -for, 12 -months. He would mako no •condition as to payments by debtor. If people gave credit to a man without enquiry,- they were largely themselves to blame.

IN-CHAMBERS. - In the matter of a lease given by William Tattley to William Cooper, of lots 1, 2, and 5 of , the Rouawa block.—,By consent, tobe heard with action on evidence taken in action. - In the matter of the. Trustee Act, 1883, and its amendments, arid in;the matter of the will of Thomas Adams, deceased, petition by executors for, an order, directing the petitioners to make, certain business arrangements. - ;Mr G,.Stock appeared in support.—Order made in terms of seotion 18 of the. Trustee Act, 1891, bill farther order, of the .Court. In re Robert Moate, deceased, motion for.an order upon the -prayer of, the petition filed herein, extending, the authority to carry, qn the business of-tlie'.said: Robert Moate for a further term of at least six months.—Order made as prayed, extending the time for carrying on business another six months.—Mr Chrisp in support.^