SUPREME COURT SITTINGS.

Otago Witness, Issue 2895, 8 September 1909, Page 37

SUPREME COURT SITTINGS.

AUCKLAND, August 3L, At the Supreme Court this morning, on a charge of robbery with violence at Newmarket, William Barnett was sen-, tenced to 18 months' imprisonment, and Chas. Cuminiugs and Walter H. Page received shorter sentences. September 1. At the Supreme Court, in the second trial of Oscar Volfred Sgovoll on a charge of committing an indecent assault upon, a> little girl seven years of age at Hamilton, the jury, after retiring for over two hours, broeg&t in a, verdict of " Guilty." The accused was sentenced to 12 months* imprisonment. Albert Charles Wein* gott, on a charge of horse-stealing,- was sentenced to 18 months. Charles Rolton, charged with carnally knowing a girl under 16 years of age at Paeroa, was found; guilty, an-d was remanded for sentence. September 2. In the Supreme Court William Roberts, charged with having forged and uttered ' ' tote " tickets on the Ellerslie racecourse* . was found. JJot guilty,, and .was discharged.: _ —September ft. - At the Supreme Court to-day. WiUiaai Wbogan, aiias-Wiliianv Hohair; was found , guilty of bigamyy and was remanded for ' sentence. William James Courtenay, who ' pleaded guilty to an indictment for false pretences, received a sentence of Ift -months. Walter Carter, on a change of breaking, entering, and theft, was sent toj gaol for six months. PALMERSTON N., September 3. After a hearing extending over three days the case Thomson v. Mason was concluded to-day. The plaintiff claimed for the recision of a contract to purchase 365 acres at Mamakau, on the grounds that the boundaries had been wrongly indicated and that there was much more bush and swamp land in the block than he was led to expect; or, alternatively, for £1200 damages. A special jury, after a retirement for an hour, returned a verdict for the plaintiff for £800, Costs were awarded on the highest- tcale. Leave to apply for a new trial was granted. WELLINGTON, August 31. The trial of Arthur Wimsett, who is accused of extensive robberies from the parcels department of the Wellington Post Office, was continued- at the Supreme Court all day. Hemingway was further examined today. He has now been in the box for over 10 hours. Hemingway declared that no one but Wimsett gave him any information concerning the parcels of notesand diamonds in the office. The reasonhe had used explosives in carrying out the robbery was 'that no one in the office • should be suspected of the crime. Great interest was taken in the illustration given by Hemingway, at the requeet of the Crown Prosecutor, of how to "make impressions of keys in sealing-wax. _ Septembei* 3. At the Supreme Court to-day a middleaged man named Alfred Binder, a seaman, was sentenced" to three months* imprisonment for assaulting a shipmate named Burns. September 4. In the Supreme Court to-day Harry M'Gilt, for receiving stolen property, was sentenced to 18 months' imprisonment. Kichard Henry Pratt, charged with cattle-stealing at Ngahauranga, was acquitted. The jury retired for one minute only. Alfred Binder, for common assault, was sentenced to three months* hard labour. John Tancred, charged with breaking and entering, and in. whose case two juries had failed to agree, was remanded on bail till the next criminal sittings. CHRISTCHURCH, August 31. At a sitting in divorce held this afternoon decrees nisi were granted as under : — Mahomed Din v. Gertie Esther Din, breach of order for the restitution of conjugal rights ; Emma Mabel Johnston v. Alfred Ernest Johnston, drunkenness and desertion ; Lottie Annie Greenwood v. Cecil Dan forth Greenwood, misconduct. INVERCARGILL, August 31. At the Supreme Court to-day Hugfc Cuthbertson claimed from F. B. Mac* donald £1400 for alleged breach of con* tract to purchase a farm at Wairiov The plaintiff's case was that the defendant entered into an agreement to lease a farm from plaintiff with a compulsory purchasing clause, the price being jybUOO. After some months the defendant deserted the land and disappeared, having paid six months' rent. The plaintiff eventually resold the land for £3600, and claimed the difference be* tween that and £5000 as damages front the defendant, who had since returned to the district. The defence was that the defendant's father, now dead, and the plaintiff agreed to cancel the lease immdiately after the defendant's disapparance. This was supported by cvi* dence and by letters from the defendant's father '(the late Mr T. M. Macdonald). The jury, after half an hour's retirement, found for the defendant. September 2. At the Supreme Court to-day Hannarf Pohio Rickus (Temuka), claimed £100 damages from William Spencer (Bluff), for assault and ejectment, on April 11, from. Horomamae, a mutton-bird island, near Stewapt Island. Spencer claimed the exclusive right to go mutton-birding on that island on the ground of long custom, and that his family was descended from one of the chiefs who were the original ownersof Stewart and the adjoining islands when they were ceded to the Government in 1864. The plaintiff claims that Jier father (Pohio) was one of the original owners, and that the same deed of ceseioj^ gives her equal privileges with defendantShe went to the island, and Spencer an<s his wife ejected her, using, she alleges^ undue violence. Attention was drawn to the fact that an Order-in-Couneil nod been made before the action started giving the Native Land Court jurisdiction to inquire into the mutton-birding rights over these islands, and Mr Justice WU* Hams said that the Supreme Court could not proceed till the jurisdiction of the

fTative- Land Court had been evoked to settle the question of privilege. If the defendant there failed to establish his claim to privilege, the Supreme Court could then assess the amount of damages. The case was ordered to stand over .in the meantime. The court has finished its business here.