SUPREME COURT.

Manawatu Herald, Volume XXX, Issue 391, 19 March 1908, Page 3

SUPREME COURT.

The criminal sessions of the Supreme Court opened at Palmerston on Monday, before Mr Justice Cooper. His Honour, in addressing the Grand Jury, said the list set down for hearing was not altogether a small one. He alluded briefly to the charge against William Waugh, who was charged with having stabbed Constable Connor while in the execution of his duty. This was a serious charge, and the fact that Waugh was drunk at the time did not make it less serious. He also alluded to the charge of manslaughter against Emanuel White, pointing out that if in their opinion White had not taken sufficient precautions regarding the children to whom he gave a ride, one of whom was killed, it was their duty to return a true bill. He congratulated the district on the comparative absence of crime.

Harry Deeley was charged with having stolen an overcoat, one pair of gloves, and a pocket book containing ,£lO in money, the properly of Richard J. E. Crighton. The jury returned a verdict of not guilty, and the accused was discharged. Edward Jones, alias Johns, was charged with having committed an indecent assault on a little girl at Ashhurst. Accused was found guilty, and while being remanded for sentence attempted to commit suicide by cutting his throat in the prisoner’s dock. His case is not serious.

Robert Mcllvvaine, charged with assaulting Robert Richardson, at Roeke, on January 23rd, thereby causing him actual bodily harm, was declared not guilty, and discharged. William Waugh was charged with having wounded Constable Connor with intent to do grievous bodily harm, and with having assaulted him and thereby caused him actual bodily harm, and, further, with having assaulted Constable Connor with intent to resist his lawful apprehension. Messrs C. P. Skerett, K.C., and J. P. Innes appeared for accused and Mr Loughnan for the Crown.

Evidence was given by the prosecution at length. For the defence William Waugh, farmer, | Stoney Creek, stated he had been living in the district over forty years, and had never been charged with any assault or violence. On the day in question he came into town about twelve o’clock, and was looking for a man that he wanted to meet. Later in the day he was walking along cutting up some tobacco, and put his pipe in his pocket. He forgot that he had the knife in his hand, and immediately after the constable came up and caught him by the arm. He turned round and they both fell to the ground, where someone took the knife away from him. He had no intention of stabbing the constable, and had had too much drink. He could not recollect what he said at the police station. The knife had been used by him for paring sheep’s feet and cutting tobacco. He did not remember going to the police station in the cab. The last he remembered was when he w r ent to Woodfield’s stables. William Treweek stated that he had seen accused on the day in question and had seen him cutting up tobacco. It was a custom of his to cut off a piece of tobacco, rub it, and then cut another piece off, and at that rate it would take him about half an hour to cut up a pipeful. He had known Waugh for a long time, and had always found him a quiet man. He had often seen accused under the influence of liquor, and on those occasions he was in the habit of talking to himself.

Thomas Walter Stace stated that he had known accused for 38 years, and had always found him a quiet inoffensive man. The jury returned a verdict of guilty, and Waugh was fined £IOO, and ordered to pay the costs of the prosecution, in default two years’ imprisonment. He was bound over to keep the peace for two years, in a bond conserving himself for £2OO, and two sureties of each, the prisoner to be detained until the fines are paid and the sureties found. Mr Justice Cooper stated that he did not send Waugh to prison on account of his extreme old age and good character, as he considered such punishment disproportionate to the offence as shown in evidence. Emanuel White was charged with having, by his omission and without lawful excuse, caused the death of Lucy Goldfinch. After hearing evidence a verdict was returned of not guilty and the prisoner was discharged. Charles Fitton, found guilty of assaulting WillianJ Roach at Mangaweka, with intent to do and actually causing grievous bodily harm, was next dealt with. His Honour said the petition was somewhat extraordinary. The prisoner bore a good character, but the main fact was that he fully intended to strike prosecutor. The case was an exceedingly bad one, and steps would have to be taken for the protection of prosecutor. Prisoner would be fined and ordered to pay the costs of the prosecution, in default two years’ imprisonment. In addition to this he would require prisoner to enter into sureties to keep the peace for a period of three years, in his own recognisance of ,£SOO and two sureties of £250 each upon the second and third counts. If prisoner could pay the fine and find the sureties, it would be the best for him to leave the country, as he formerly intended. The order for imprisonment would be suspended for a week to give prisoner the opportunity of paying the fine and finding the sureties.