Supreme Court.

Taranaki Daily News, Volume XLVI, Issue 229, 1 October 1904, Page 2

Supreme Court.

FHIDAY, SEPT. 30, 1904. (iiefore His Honor Mr Justice Edwards.) THE ILI.WJAL OPERATION CASE The La>.i cu.se on. the criminal calender was disposed of yesterday morning, when t-he yoimg man Arthur ltavon, who 'h<ul pleaded guilty to a charge ol' procuring the use of mi illegal instrument, came up for sentence, which, on the application of counsel for accused, hud been defended from Monday last. Mr Samuel, counsel for theuccused, in addressing v\w Court-, dwelt upon the youth of Haven, his previous good character and position, and on the future prospects oi' his career. Counsel sa;id he fully realised the enormity of the offence, but notwithstanding I 'he felt constrained- to plead for that mercy which was an attribute of the Court. He submitted that tihe accused had been actuated by the desire to shield the girl, Though not technically a first offender, Haven was one in the spirit of the Act. This was a case in which ! justice could well be tempered with | mercy. j llis Honor, in passing sentence, said the offence was one of the most serious in the of the law, and rendered him liable to a life sentence. If the press and police were to be beliovod, the offence was all too prevalent in New Zealand. The circumstances of the case did not impress him favourably as counsel would make out. Why did not the accused offer to make honourable reparation to the girl, and in the event of this being repudiated, let nature take its course ? He did not believe that llavcn was ignorant 0 f the seriousness of tlie offence. It was sad to have to sentence a young man of his years, but it would be an act of mistaken leniency to allow to go unpunished. Ho was not sure whether the sentence he was about to impose was not lighter than the circumstances warranted. Accused would be sentenced to two years' hard labour. The criminal sitting closed at It a.m.

—Jn the matter of the Counties Act, 188(5.

The learned judge hoard oil the motion of W'ilftam Walston Wright, farmer, of Rahotu, for -a writ of ceretionari to remove into the court a special order purporting to have been made by the Egmont County Council 011 the 26th day of August, 1904, declaring the Pari-j haka, Road District merged in the ( Egmont County Council on and at'- [ tor tine 30 th September, 1904. | Mr D. Hutchen, with him Mr Roy ' (Roy and Wilson) appeared in support of a motion on behalf of William Ralston Wright, farmer, oi liahotu, that the special order be quashed. Mr Elliot Barton, of Hawera, opposed. Tho grounds upon which the motion was made were: (1) That the petition of ratepayer o'i the Parihaka District was not verified in manner prescribed by section 5 of the Counties Act, IHBG, inasmuch a? the declarations verifying the said petition! do not state that the petitioners are ratepayers of tho Parihaka Road District ; (2), that the signatures of certain of the j petitioners signing such petition arei not verified at all ; (il) that the suid declarations are not stamped I in accordance with law ; (4) that the said petition was signed b\ less than a majority of the rnie payers of the Parihaka Roa)d District ; (5) that the petitioners named | 011 the Said petition were possessed of less than half of the rateable! property in the Parihaka Road District ; (6) that the siaid special or-1 dor does not dissolve the Parihaka I Road Hoard.

The opposing counsel contended that the objections raised were not fatal to the order, which was approved of by a majority of ratepayers. Tho question was raised as to whether native land should l.u regarded as rateable property within the strict meaning of the term. After argument his Honour reserved judgment.