SUPREME COURT.

Gisborne Times, Volume XVIII, Issue 1445, 4 May 1905, Page 3

SUPREME COURT.

81-ANNUAL SITTINGS. (Before Hia Honor, Mr Justice Edwards.) PanikeDa Carr, who pleaded guilty to theft from the person, wos brought up for sentence. Mr W. L. Bees appeared for the prisoner, and applied for probation. It was accused’s fir3t offence. He was of some standing amongst the natives, and would be prepared to make restitution. His Honor said he was afraid that the First Offenders’ Probation Act was abused by natives as well as by Europeans. As the man had borne a good character, and had a wife and family, he would be admittod to probation for two years, on condition that he paid the costs of the prosecution, £6B 16s 6d, before January Ist next. Henry George Lomax, who pleaded guilty to two charges of obtaining money by false pretences, came before His Honor, and was remanded until this morning so that his counsel might read the Probation Officer’s report. William Henry, Tozer, found guilty of carnal knowledge of a girl under "16 years of age, wea then brought forward. In passing sentence His Honor said the offence was one of the most serious known to the law, and it was aggravated by the circumstances attending his crime. He was admitted by an honest and respectable settler as a member of bis family, and he abused the trust and confidence shown to him by seduoing the man’s infant daughter, of the age of 13 years 9 months, knowing her age full well, and by the questions he instructed his counsel to ask, proceeded to blacken the character of this unfortunate child even more than he had blackened it by his infamous deed, The crime reßtßd not so much on the pain that might be caused to a young girl by such a crime as in the degradation, by the contamination, which the girl must suffer throughout the whole of her life, and the degradation which offence of this character brought upon respectable families. The jury had done its duty, and had recommended tho prisoner to the consideration of the Court. That being the case, and in order to encourage future juries to do their duty, and not to acquit when they desired to mitigate the punishment, he would materially lessen the sentence that he would otherwise have passed. Nevertheless, the punishment must be substantial. Prisoner would be sentenced to two years and six months’ incarceration in Auckland gaol.

CIVIL SITTINGS. Te Ira Ranginui v. Ellen Julia Nolan. Plaintiff asks ; (1) That memorandum of transfer of November 11th, 1904, and' Judge’s certificate tboreon be cancelled and delivered to the plaintiff with title ; (2) that defendant be ordered to pay £IOO for unlawfully advertising land for sale; or, alternatively, that defendant be ordered to pay the plaintiff £1100; (4) or, alternatively, that -defendant be declared trustee for plaintiff, and that defendant be ordered to transfer tho land to plaintiff. Mr Finn appeared for plaintiff, and Dr Findlay and Mr Stock for defendant. Mr Finn said that plaintiff invoked the aid of the Court in connection with her signing a memorandum in connection with a block of land at Te Karaka. They attacked the certificate of tho Native Laud Court. His Honor said if an order of the Native Land Court were produced he must rogard it as correct, unless fraud were alleged. Ho could only deal with the order if fraud were alloged. What fraud did Mr Finn suggest had been committed ? Mr Finn said Mr Ferris acted between tho parties, and was really the agent of defendant, not plaintiff. Besides acting as agent, Mr Ferris was also interpreter. The certificate was fraudulently obtained. His Honor: How was it fraudulently obtained ? Did plaintiff mean to say that the contents of the memorandum were not correctly interpreted? Mr Finn said it was a very serious matter to allege that, but the certificate was fraudulently obtained. Dr Findlay said he was prepared to proceed if Mr Finn would allow the Native Land Court Judge te be called. Mr Finn agreed to this, and Judge Jones went into the box. In reply to Mr Finn be stated that as District Land Registrar he produced the transfer from plaintiff, Te Ira Ranginui, to defendant, Mrs Nolan,