SUPREME COURT.

Stratford Evening Post, Volume XXXVI, Issue 38, 20 June 1913, Page 5

SUPREME COURT.

NEW PLYMOUTH SESSIONS

The New Plymouth sessions of the Supreme Court opened yesterday morning before Mr Justice Edwards.

TRUE BILLS

The jury found true bills as follows:—Hemy Francis Smith, indecently assaulting a male person; Charles Pearce - and Alan Brown, breaking and entering a shop with intent to commit a crime. ALLEGED BURGLARY. Charles Pearce and Alan Brown were charged that on March 9, at Stratford, they did break and enter the shop of Samuel J. Pivac, of Stratford, and did steal therefrom cigarettes and cigars to the value of 14s, and, further, that they did break and enter the shop by night with intent to commit a Crime therein. There was a'thitd ; indictment of theft. Both accused, who were defended by Mr W. D. Anderson, pleaded not guilty. After evidence had been submitted oh the lines of that given in the lower court, His Honor addressed the,jury, and after a retirement of over an hour, the former announced that they found Brown not guilty, but Pearce guijty of breaking and entering, with a strong recommendation to mercy. HiS| Honork Did you find Pearce guilty of breaking and entering by night with intent to commit a crime? The foreman: No, we were not of that opinion. We thought that Brown’s presence in the building was more of a joke than anything else. We considered that there was not sufficient evidence to show, that he stole anything. His Honor then asked the jury to retire and re-consider, their verdict in Pearce’s case. Brown was discharged.

On returning, the jury found Pearce guilty on the second indictment, that of breaking and entering by night with the intent to commit a crime.

His Honor said he would consider the jury’s recommendation for mercy, and if the probation officer’s report Aveye satisfactory he would admit the accused to proba+ : ~~ This morning 11 is Honor 'adm ited Pearce to probation for three months, provided he pays the costs of the prosecution.

ALLEGED INDECENT ASSAULT. In the case of Henry Francis Smith there were tAvo indictments for alleged indecent assault, alleged to have been committed at Omata on Align st 18. Mr A. H. Johnstone appeared for the accused.

After a short retirement, the jury returned a verdict of not guilty of cornindecent assault, but guilty of common assault. His Honor stated that sentence would be passed on Monday.