SUPREME COURT.

Gisborne Times, Volume XXV, Issue 2119, 29 June 1907, Page 3

SUPREME COURT.

Press Association. NAPIER, yesterday. At the Supreme Court Charles Horace Kemp for a breach of the Bankruptcy Act in failing to keep proper boiVks was admitted to twelve months’ probation, and ordered to pay £ls and costs. Hugh Spiers was charged with attempting to rob, and was found guilty of assault, being sentenced to twelv.e months’ imprisonment. Four youths who pleaded guilty of carnally knowing a girl at Hastings, were sentenced as follows: William Robinson, two years; Henry Allison, eighteen months; Charles Kluver, twelve months; Earl Roberts, three months. The Court is now engaged with the trial of Thom-as-Perry Peddle, charged with' assaulting the Sherifl in the execution of his duty. The case for the Crown was that Mr. Cutten, Sheriff, was executing a warrant to give possession of Peddle’s land to a buyer, but Peddle refused to comply with the conditions of sale. While executing this warrant Cutten was struck by Peddle. The points raised ' by Mr. Baume, K.C., for the defence, that there was no proof of the identity of the land on Mr. Cutten s ap- ' • pomtment as Sherriff, were overruled by Judge Cooper, but were reserved for the Court of Appeal. \ - NAPIER, last night. At the Supreme Court to-day, in the case of Thos. Perry Peddle charged with assaulting the Magistrate, Mr. E. C- Cutten, while he was m the execution of his duty, the jury brought in a verdict of guilty with a strong recommendation to mercy, on acount of the accused being in an excited state of mind and not rc- •' sponsible for liis actions. Sentence was deferred pending the consideration- of certain law points which are to be argued before the Court or Appeal. DUNEDIN, yesterday. In the Supreme Court Judge Williams in the case of the Oamaru dredge, held that the dredge came within the definition of a home trade ship. The vessel was employed at the time on a voyage from Timaru to Oamaru. His Honor said the whole scope of the Act showed that the ' character of the ship must be determined not |jy what she is generally used for, but with reference to the particular voyage actually undertaken. If that were not so there miglit be two steamers of equal tonnage and horse-power undertking the same coastal voyage, and one of them hound to carry the crew required by the Act, and the other not bound. The risk to life and property wou.d be the same in each case, and the obligation should be commensurate with the risk, unless it was clear the Act did not intend it to be so. It might be that the risk would be even greater in the case of a dredge than a steamer of corresponding size. The case must go back to the Magistrate, with instructions that the dredge must- carry the complement required by section 54‘ for a ship of her tonnage and horse-power. Charles Henry Johnston, was committed to trial for stealing two bicycles.