SUPREME COURT

Southland Times, Issue 18837, 2 June 1920, Page 7

SUPREME COURT

LOCAL SITTINGS. VBeforc his Honour Mr Justice Sim). The local quarterly -brings of the Sn preme Court opened ye terday, liis Hohoui taking his seat at 11 a.i i. GRAND JURY. The following Grand Jurv was sworn: Messrs Leonard B-H. W. V. Risset. H. K. Broad, A. Brown, A. D. Burr, F. Bunvell, A. A. Crammond. 1. 11.I 1 . Hall, J. Hensley. T. I\ Lennie, F. Me', he.-iw, J. T. F. Mitchell, J. A. Nishet, A. Noble. C. W. Baton, C. B. Rout. A. J. Service. J, F. Si-ang, G. Taylor, W. Todd, B. A. I’lidrill and J. Waugh. Mi Hensley was chosen foreman. HIS ! lON OCR’S CHARGE. In his charge to the Grand Jury, his lion our said that the only eases to occupy their .attention were - .-nine charges of theft and receiving in connection with a I irge number of cases of motor spirit. It appeared that in I9IS Mes-rs J. G. Ward and Co. had im ported a large puanrity of what was known its "Speed on” motor spirit. In November •) 51)0 cases- had been received. In July. 1910, a shortage was d) s-overed. and. when stock was taken in February. 1920, it was found that the shortage amounted to 440 cases. The charges of t licit .md receiving were against Duthie, Lyons, a carter, and Holland, who wx- employed at. Ward and Co.’s .-tore. They were also charged with the the;';, and receiving of dS cases of "Big Tree” petrol, the property of A. S. Patterson end Company, ami with removing an extra dli cases from J. G. Ward and Company. The evidence -howeii ;ha; Holland admitted that he and Lyons had carted away petrol from Briscoe's -tore, wh-re all the petrol was stored, and I.von-- admitted this, too There was evidence that Lyons and Duthie ban been selling petrol. Mis Honour said that he did not think there was- any need to go into the detail--, the jura- should be -ati-fu-d that there wa,- eaidenee enough to put the mt-ii on their trial.

TRUK DILLS. True bibs were returned on all the counts. CONCEALMENT OK BIUTH. A young woman appt a red for sentence, having pleaded gudtv to conceaLng the birth of her child.. Mr Hall, who angeared for prisoner, said that the medical evidence end the evidence - of the woman tor whom the giri had worked showed that .-he had done nothing worse than the charge set out. There could be no doubt th:r the child had been stubborn. The prisoner, wh.cn taxed by her mistreat, ma.de ;1 fail eonfc--.-ion and she hail conceal ed notir-’g from the police. Counsel said, that he had a latter from the man respon sibie where a.n intention o! marrying the girl was exoressed. However, he had not an -w-.-r-d the Ictp.-fs and it w.c- not now known where he was. This, said counsel, was another of those unfortunate eases where the woman, left, to shoulder all ttic resnonsi bilitv, was driven to desperation. He understood. that t.iie girl l ore a good character apart from the present charge. She was now- in the care of her mother, and probation should meet the case. IK? Honour: The Probation Officer rccotn men- is ; •rooa! mn. 11l an.-wer to the B-ueh the Probation Ortirnr .'’aid that was iin woman in Invercargill in who.-e charge such .sriris on probation could oe placed, but he un-ier-stoiwi that there wa.- a woman m Ouneilin when’ tie' prisoner would go with her mother. The prisoner was released on probation for a term of two years, a coralltion being that she Mv'uld be of go. .rl behaviour and nay £.- towards the cost of the prosecution within s'\ months, THK. i’KTBi >!. THEFTS. Milliard K.dwanl Dinhie. William Joseph Lyons and William Ibdland appeared for Iri il on virions charges in connection with rhe alleged theft- of quantities of petrol. Four eounrs wer~ taken together, all the

ci ise r ! pleading not guilty. Holland ;mil Lyons wore charged with breaking and entering. on February lit. rhe warehouse of Rrisct-e. IM I ■ i. an.! -Paling 75 cases of . -pt ri>l 1 1 1. ■n* I r r . ■ 11 . Dutnie was charm’d with abetting in this offence. Th« throe accuse.l v.-ero ai-o charge* 1 with receiving 75 cases of J.ptml knmvin" th.ctTi to have boon stolon •m.i Puthio was further charged with --tealin:: 52 cases. Mr Kustace Russell appeared for Lyons, Mr ()'He ; rne for Holland and Mr Hanlon ( Dunedin for Dutliie. The follow-inn jury' was sworn for tinhearing of the eti.-o : Messrs A. Sligo. K. P. r.-vds, ,1. Pritchard. 11. Simpson, .1. Fraser, J W. Gcorgcson, R. McG.-mhe. (1. Perkins, W Perry, hi. Heads. ’A', Hall aml A. Galt (foreman ’. Pi o; , ninz the rase for the Grown, Mr W. Mar.-ilis '- pxnbined the location of the building frt-nt wht-h it was alleged the lielr-.l hto i ho.’ii --tiili"! In November or PHS, h’- -a'.i, 55i»U ei.-e-- of "Speed-on" petrol had on-n hind,".] by .1. (1. Ward an ! Company am'! ,-mred at a .died near the wharf. In another part of tne same building the New /oa! md F.vpress ( ’’lujoiiy hms 1 5(1 rases stored. The petrol had been stored at tlir nine of the tnllnenza epidemic, nad the cast's might not hat e been counted very carefully. Gor.seijuently. when it was thought later that there was a shortage, no notice tv as taken. In .Inly, UPJ. stocktaking mve ;le 1 a shortage <■( l-*>3 cases. Attain, no notice \v- taken as the condition-' under winch it had been stored were considered. in Fei.ruary of this year .-took was taken a stain when it was found that there was a. shortage between July and Feb ruary of ltd. cases. in the part oeeupied bv the Kxpress Company’.- stock there was a short ace of .‘IS cases, so that altogether over ill H) cases Ivul been taken form the hmld.im:. i tne of the accused, Holland,

was in a p.osition to vet access to the key of the building. Lyons was employed by an industrial as.-ocia 1 ion ami this gave him control of the drays necessary to remove the petro!, had this was not all that was nece.-sarv. There must be -orne place to store the octroi, and that was how Dnthie came into the -oheme He wits ti carter at South. Invereargtll, arid. counsel had been told, his i Dnthie s 1 (dace was ideal for the pnroose. Then’ was evidence to lead to the-e conclusions and evidence to show that part of the iron dividing Ward and Go.’s section of the building from that occupied by the La press Company had been removed to give access to tho latter (.art of the building. Witnesses would be called to show how the stock came there, how the shortages were discovered, ami how .subsequent events led to no other conclusion than that the petrol had been removed by the accused. However, counsel continued, even if the jury found the accused not guilty in regard to the theft there was no doubt that they had received. I)n this point tlm evidence was conclusive and indisputable. After brieflv dealing with the depositions, Mr Macalister was proceeding to call witnesses when the .-itru’.g was adjourned. THK FLKA CHANGED. When the Court resumed after the luncheon adjournment Mr Hanlon announced that, alter a consultation between counsel for the defence and the accused and with the Grown Prosecutor, it had been decided to approach the Court in connection with changing the plea. ()n the first count Duthie had agreed to plead guilty to simple their, Holland had agreed to plead guilty to breaking and entering and theft, and Lyons to theft. in connection with the other two indictments, in one Duthie and Lynns htid decided to (dead guilty to theft, and the Crown had undertaken to offer no evidence in connection with the other which charged Duthie with theft. |

The prisoners then pleaded guilty to the charges.

Explaining the position to the jury, hia Honour saitl that Holland had pleaded guilty to the (ir.it count. Lyons to the theft of 75 cases of petrol, Duthie to the theft of 75 oases and Lyons and Duthie to the theft and receipt of 30 cases of petrol between December, 1919, ami February, 1920. Duthie, to the charge of stealing and receiving 52 cases, pleaded not guilty, and the Crown did not intend to oppose the plea.

At hi? Honour’s -request the jury then found Duthie not guilty on the last count.

Mr O'Ueirne =aid that Holland had corns of a pood family, and counsel had references as lo character covering the period from 1007 until Holland left for the war. He had been at the war for three years, returning in March, 1919. At (he time of Holland’s discharge from the army (produced) there was no mention made of character. Counsel asked that the benefits of the First Offenders’ Probation Aet should he extended to Holland. The prisoner probably during the war. had contracted the habit of drinking, (’mnisel ventured to say that it was while he was in drink that Holland was- lad in o his crime. Mr Rusreil said that Lyons was- 2S years of age. He was married and hail two children. Seven years ago he had been sentenced to three' years’ reformative detention. From what the police told counsel it would appear that Lynns was a man easily led. The accused had assured him that he had never been inside the warehouse when the goods- were stolen. He would point out that Lyons and the other prisoners had not committed perjury in tin- Court and had decided to admit the offences.

Speaking on behalf of Duthie. Mr Haulm; said that there were different degrees ol complicity in the ditT-rent case-. As Mr Russell had .-aid. the prisoners might have come to the Conri and told a story that might have influenced a jury- hut tlmy had not dope that. Duthie. who was .12 years of age. had lived in (nvercarpill all his life and during that lime he had committed no offences whatever. He was married and had three children. Counsel, who handed in ciriiiicics of character, asked that the prisoner might lie treated with the greatest leniency consistent with the requirements of the law. The Crown IVoseei'tor .--aid that there was nothing against Holland apart tnnii the fact that he must have been stealing petrol for a period covering fourteen months. Lyon.- had bc“n convicted of theft in 1912 and ordered to come up for sentence when called on. and m 1014 he had been sentenced for breaking and etricring. liis Honour: Was he released on probation ?

The prisoner, v, hen the ipie.-tiun was re ferret! to him, said, that he hail been re.ea.-e 1 after serving two years and tnreo months of the term of three years. Ilis Honour said that he thought it would be advisable to place the men under ,he control ot the I nsons Board. ihca, .* they were of good behaviour, they could be released. He would order that they be dc mined for reformative purposes lor not more than three years.

AUCKLAND SESSIONS. (Per United Press Association.) AUCKLAND. June 1. At the Supreme Court, Ceorge Rousspll was found guilty ot attempted ar.-on at Hikirangi, with a strong recommendat to: to mercy on the ground that accused was well-behaved when sober. He was sentenced to eighteen months’ hard labour, ALI -EC.ED MANSLAUGHTER. YOUNG MAORI ON TRIAL. AUCKLAND, June 1. Thm hearing of a charge of morder agtunst a voung Maori named Ilona fb’r''wini. otherwise Hona Srlwyn, from Awanui. was commenced at the Supreme ( utrl ihtmonline: before Mr Justice ( haprnan. He was charged that a! Awanui on February 7 lie murderd a fellow Maori named Me; 111-nil Hui. 22 years of ape. In opening the ease, the Hon. .1. A. lole, K.C.. stated that on Saturday. February 7, a number of young Maoris were about the Awanui Hotel in the -afternoon, some of them belonging to Awanui and some coming from Kaingaroa. After the hotel closed at 6 p.m. they remained for a time about the ,-t aide van! of the hotel. Nmio lime after 7 p.m. prisoner and Mei Huia were seen lighting, and were separated. ’ihe prisoner was advised to pet his horse and go home. He w.-nr to get his horse, and, Hui wtdked towards the gate leading to the road. Then prisoner, who had got on his horse, rod-e towards the gate, and the Crown case was that as he rode past Hui. he inflicted a very severe and lata! blow

i-n Iltii’s head with some weapon, either a piece of wood or a stirrup iron. Hui fell unconscious, and after trying to rvive him all the Maori? went away. The most extra ordinary feature of the ce.se' wa? that thiinjured young man seemed to have been left lying in the yard. Tie- fact (hat wa.wrapped in mystery was hi- removal, lor the body was found later only after three or four days' search, in a drain a quarter of a mile away from the hotel. The evidence for the Crown has not tonchided. Prior to the rising of the Court the Crown Prosecutor said he wisher! to reduce the charge to on-'- of manslaughter. Mr Justice Chapman concurred.