SUPREME COURT.

Hokitika Guardian, 23 March 1923, Page 1

SUPREME COURT.

GPLYMOUTH, March 22 At the Supreme Court Owen Francis O'Connell, for whom Mr AY. J. Joyce appeared, came up for sentence on a charge of theft of postal notes, to which he had pleaded guilty. Mr Joyce said that employment had been found for the accused as a trucker at Dunoilie. fi was hard work, but the accused was willing to take it on. Air Joyce asked for probation. The accused had no vicious habits apparently, and the exercise of the Probation Act had proved very beneficial in the Auckland district. Accused was sentenced to three years’ probation on the following special conditions : (I) That he pay Die costs of prosecution, C.’l 12s fid ; that- he refund the amount of the notes stolen. C2 os; that he attend only such amusement and recreation as the Probation Officer approved; and f.Ti that he submit, when he reported to the Probation Officer each week, an account of the money received and paid bv him. '.'lames Lancaster Parker (Mr W. J. Joyce) came up for sentence on a charge ol indecent assault. His Honor said he had carefully considered the matter, hut he did not ,-oiisidcr that it was one in which probation could he extended. There was ovidem-c that the accused was more or ;,..s intoxicated, hut the safety of the community had to he considered. Tin* offence was most serious. Prisoner would not he sentenced to a definite term Hi’ imprisonment.. lie thought that the best course would he to sentence him to a term of reformative detention, and the matter would then be entirely in the hands ot the Prisons Board. Prisoner was sentenced to three vear- ’ rcoinnnth e detention. tin tim application of Afr W. J. Joyce, Ai t bur ( bumbo, of Ot-ira, was granted a discharge from bankruptcy.

Hearing of the case in which John Anderson, wharf lahmner. applied for a caveat against the administration of the will of his late wife, .Margaret. Anderson, was continued. Caveator alleged that it was his late wile's intention to leave all her property to him. He objected to the administration ol the will made !-■ his wife, leaving her property In two bndhers (John and F - 'ward Gicon) and hiins* It jointly, on (’• • ground Hint she v neither physically or mentally capable of niiilci;: ■ will at the tim,' 'disposed of the c-ta'i- in this wav. The will was :-voc-uii! will, supplanting one made in fa conr of Andoi on alone. After !- --; no > v i ll < !L.. Honor said that a. i 1 >]• ‘hr ria mi: l . ia-,‘ ■ . w llieh he vI■ ■. ..i nil ini.il 111 any detail. there was no reason why ifivoa-cd should not have made a will and he thought that she v;is’quite cnpuMe of doing so at the time of <••■- ’cutiou. Probate would I C nl •<! sec ■ roi ll --!y. lie would not • iliow cost-. Tja- --"l'cntoi wa- enlillod I hi- costs. Th - appoa! -- : T! Har.it y. appellant. . gob.s'. 1 1- r. !•’ Mori; of re. sound"!;' ag.'ii'i-! Iwo orcl'i's made by lb Magistrate rdm-ing that Hu- simp and promises, '-Punic ill Afn wliei'Jt Quay, Grc'iiiout h. occupied by Sanity, should he handed over to D: Mori'-c. Two ord'-r- bad been made to the same cfTect. one made in Kumara, and Ibe s- "Olid 111 ill" Grevnio. l' f ourt. Mr .Murdoch appe-irei! I’c-r S-i aty and Air Hannan for .Mnricc. The points involv'd were, first did an a: peal lie in i'"spoo( of an order made by a MiygisIrnte for possession of a tenement, and s 'c.-ndlv was (be notice to quit served be j'-" Public Tnistec a good and valid in,!! ■- riving H-" ii-",. allowed by law in a teirnnl to vacate premises. Arg'i- • : Ms on bol.1: sj.les were lengthy, the Court being occupied with counsel’s a-ldicsses for the whole afiornnon. Ills Hon a- reserved bis judgment. It- !I. 11. Snii Ib. ;i bank nipt. Th" po’J'c examination of tlie bankrupt, at H e instance of the Official Assignee a'.d I'm creditors was postponed until U c ticx: sittings of the Court at Grey-