SUPREME COURT

Hokitika Guardian, 16 June 1931, Page 5

SUPREME COURT

SITTINGS AT HOKITIKA.

MONDAY, JUNE 10.

(Before His Honor Air Justice Adams)«

AFTERNOON SITTING,

The Court resumed at 2.20 p.m IN bankruptcy.

Application by James Toohey for discharge in bankruptcy. Mr Murdoch for applicant. The Official Assignee (Air C. W. Carver) presented a, report on the affairs of the bankrupt which was not of a . satisfactory nature. Air Murdoch handed in medical certificates, and the bankrupt was placed in the box and was .examined at some length as to the causes leading to the bankruptcy.

His Honor commented that it appeared as if there had baen an attempt tp defraud the creditors bv a bolstered statement that, the business was his wife’s, the bankrupt admitting that be had led the bailiff in one instance to believe, when attempting to serve a writ, that the goods in the shop belonged to his wife. After further examination His Honor intimated that he would accept the explanations of bankrupt and Counsel, and that an order would be made, and tne discharge asked for would be granted. He thought this would in the circumstances be the best course to pursue. He also wished to state that the Official Assignee had acted within his rights, while it was also hi* duty to make the report lie had submitted.

THE KING V. GEORGE ANDREWS. A charge of indecently assaulting achild under the age of six years on June 3rd. at Hokitika. Air Elcock appeared for accused and Mi- Park for the Crown. Accused pleaded not guilty. The following jury were empanelled: —Jas. Kerr, J. M. Schroder, A. J. Sampson, J. Y. Finch, W. E. Richards, G. Heinz, R. Paterson, Joseph Hutchison. W. T. H. Owens, T. M. Kerr, W. Willoughby, H. W. R, Swen. eyMr W. E. Richards was chosen foreman. The hearing of evidence .was continued and then both counsel addressed the jury, His Honor summing up. The jury retired at 3.45 p.m. The jury returned at 6.30 p.m. with' a- request for. a redirection from His Honor. . His Honor adjourned his reply pending conferring with Counsel, and meantime the jury retired for tea, reassembling at 745 p.m. On the Court resuming at 7.45 p.m., His Honor addressing the jury said he regretted the delay, but as lie had stated previously it had been necessary to confer with Counsel. He now ruled that if the jury think proper they could vary the offence, and find the accused guilty of an Indecent act, hay* ,ing 4 ' teniUMScy"'t;hcihVy W* IMtllTOr annoy the young girl. The jury then retired again at 7.50 p.m. and returned at $ p.m. with a verdict of guilty of the amended charge, with a strong recommendation to mercy.

The jury were then discharged. Air Park moved for the amendment to the charge, which Mr Elcock consented to and His Honor approved and confirmed. THE SENTENCE. The report of the Probation Officer (Sergt. O. J. King) was handeo in. His Honor asked for an expression of opinion from the Probation Officer as to the advisability of granting probation and the latter replied that if this was approved one of the conditions should he a long term of prohibition orders be made against him, stating that while he remained sober there was nothing to complain against his

conduct. Mr Elcock concurred with this view and urged that probation be granted, assuring the Court that the defendant was willing to be prohibited. His Honor said the prisoner would be admitted to probation for four years, with special conditions, in addition to those of the statute. These special conditions were that h® pay thb costs of the prosecution £8 Is; that he apply and obtain a, prohibition order under the Licensing Act. and renew same during the term; that he frequent only such places of recreation and amusement as the Probation Officer approves off; that he does not associate with persons whom the Probation Officer does not approve; that he obey the directions of the'Probation Officer.

His Honor stated that he was doing it this way 1 recause the jury have taken a very lenient view of his offence and to give him every reasonable moral assistance from bis friends and if he chose he would be able to overcome his desire for drink. The sitting concluded at 8.30 p.m.