SUPREME COURT.

Taranaki Daily News, Volume L, Issue 59, 21 March 1907, Page 3

SUPREME COURT.

WEDNESDAY, MARCH 20. ! (Before Ilia Honor Mr Justice Cooper] I AJXEGED TIIEFT. The jury failed to agree in the Eltlian ease, in which Fred, Fontanella wi" charged with theft of money Irom tin Coronation Hotel. The jury had beei locked up all night. The prisoner wa> discharged, and a fresh trial ordered, U come oil at ue\t Missions. INDECENCY. Henry Walters appeared to Mcccivc sentence. Toe probation officer report ed that he required the completion of enquir.es bcfoio«« k j„" his report. The tunc was exteudtJ to°2 o'clock that afternoon, and the pn suner remanded accordingly. AELECM) INOECKNT ASSAULT.

David James was charged with having ' on the i">lh November, l'JOti, at Moturoa, ! unlawfully Attempt to carnally kno\\( i Hope Ilart, a girl under 12 years of iige: also with inUeccnly assaulting Hope Hart, a girl live years of age. and with indecently assaulting Alice Hart, a girl seven years of age. Tae following jury was empanelled: llesrs J. J. darker (foreman), J. 0. Ku-'.-ell, A. Liiard, !•'. \V\ Court, F. L. Uishoii, J. D. (ji'eenhill, M. Eamsou, X. Sole, A. S. Hasell, T. lieil, T. I'arkin and 11. J. Cornwall. John Robert liiley did not appear, and he was fined 20s. Mr prosecuted ami Mr T. >S. Weston, with him Mr C. 11. AVeston, appeared for v.ie defence. The case was heard with closed doors. Counsel for the defence put in plans of the locality where the alleged offence took place. Witnesses were calh \ who stated tha.t the aueged offences were committei 1 , in view of a window at Moturoa

an unoccupied soction at Moturoa at about 3 o'clock on a Sunday afternoon. The children were sitting together on the grass, an'd the l accused <cfept to-f wards them, dragged one to him, and endeavored to commit, the alleged assault.

It was elicited in cross-examination thi't. the children made no complaint. Mr C. H. Weston, without addressing the jury, called evidence, contradicting the statements made by the witnesses for the prosecution that the accused\ wore a light shirt that day. Evidence was given that James bore an excellent character amongst those who knew him, a kind parent, and a good husband. Tlie accused elected to give evidence ■on his own behalf. He deposed that he was a fisherman living at Mo'turoa with his wife and family, and on the afternoon in question he was playing with tb»se two little girls and his own daughter. He had been playing with them for some time, and was tickling 'them, ndien someone called out. He did nothing offensive to the children, nothing that he would be ashamed to repeat to tV>r mother. By Mr. Ken - : The evidence for the prosecution was false. He did not understand at the time why the other witnesses called out to him whilst playing with the children. Mr C. H. Weston led evidence testifying 'to the good character of the accustl..

Mr T S. Weston addressed an eloquent speech to the jury, pointing out the improbabilities of the evidence and the enormous consequences that' would follow a conviction. In the first place the punishmen would be heavy, and it would so reflect on the prisoner's family as to probably cause degradation and) crime I in one or other members of the family, j Counsel also dealt with the', evfdencei piecemeal, pointing out to the jury the discrepancies in the story presented, by the prosecution. I "Mr Kerr did not address the Court. His Honor, summing up, said there was nothing to prove the first count of the indictment—the cirumstances alleged did not amount to an attempt to carnally know the children, though the | evidence carried the case ns far as one of indecent assault. This was an important case. It was important that the purity of child life should be pro--1 tested, and it was Important to the prisoner as a conviction involved serious I consequence in the punishment and degradation. The mother of the children, tin 'cross-examination', said Ithey made, no complaint, whatever; their 'clothes' were not disarranged. The ca c e depended very materially on the accuracy of the witnesses' observation of the happenings. Concluding a very carefui address, his Honor said tlu> case could lie divided into two branches. In the first instance the defence depended 011 the weakness of the case for the Crown, and in the second instance it rested 011 the strength of the case for the defence. If either of these branches was present to the satisfaction of the jury, the prisoner was entitled to acquittal. After having retired for some time,

the foreman returned to Court and said the jury wished to view the locality. No objection was raised to this course, and. with the Sheriff (Mr W. A. D. Banks), Sergeant HaddreU, Constables Mclvor and Cullen and Mr Palmer (Sladden and Palmer), the jurors were driven oat to Moturoa in cabs at the 'expense of the Crown. Just before six o'clock the jury reTurned a verdict of "Not guilty," and the prisoner was discharged. The jury added a rider to the effect that it was impossible to attach weight to the evidence of certain witnesses, owing to' want of promptness in their actions after the alleged occurrence. The jurors were then discharged. JNDECENT EXPOSURE.

Henry Walters earn*' lip for sentence on a charge of indecent exposure. His Honor said that the report of the probation oilieer, whilst showing that the accused liad uever been before the Court charged with ail offence, indicated that he was a man of low moral character, one thing to his discredit being that he had induced a married woman to leave her husband and family, and Igo to live with him. A'hilst the medical evidence showed that he was not legally insane, Mis Honor was of opinion that he was morally insane, and mentally weak. lie was not inclined to let such a man out on probation; ill fact, it was ;i wlHher he should be allowed at large at all. Such a'man must be watched, and it was impossible for the probation oliicei to v.ateh him at every liour of the day. And he must | protect the public from a repetition of 1 this offence, for it was monstrous tint he should have committed such an offence as to stand naked in the middle of the day in a town of the si/.e of Xcw Plymouth. The amined would be fined ,€lO, and ordered to enter into a bond in his own recognisance for ClftO and to find two sureties of €•"><' ea<h for his good behaviour for two years: and bo WouM be kept in custody until these Miroties, approved by tlie solicitor for the Crown, were obtained, provided that the period of his detention should not I exceed twelve months 'imprisonment.

IX DIVORCE. TAYLOR v. TAYOI!

Jn Chamber*, bis Jlonor heard the petition of Mary Elizabeth Taylor for a divorce from William doim Taylor. "Mr 1 K. I). Welsh. of llawera, appeared tor the petitioner. There wan no appearance of lespondem. The petitioner was sworn ami examined, and produced, the certificate of her marriage with respondent on loth November, 18S7. Ihere were thirteen children, of whom ten were now living, the eidest aged 18 and tin- voting; iive month-j Tin; husband wa< now i in gaol undergoing a term of imprison nit-nt for incest with his eldest daughter in danuary, at Taipor.ihenui, near Hawera. Petitioner staged thai slm had visit*' L her husband m pri-on recently, and had ;irlher to seek a divorce as he could not face his family sixain. Mr W. A. U. Rinks, deputy-Registrar, ( sworn, produced t?i>.' Crown book showing a I'ccoVil In (lie [inn-ceding of the Supreme Court criminal juri-diction on 25th Jjeptember. and presided over bv bi< lionor Chief .lusnee Sir llobert Stout, at which sessions respondent received sentence, he liavfiu< been committed from the Stipendiary Magistrate's Court at Hawera on a charjre of incest, to which he had pleaded guilty. Mi* W. D. Webster junr.. clerk in Messrs. Wilson ami tirey's ofliee. swore to having served the respondent with the petition and summons. A decree ni-i was granted, to be made absolute fn three months, costs beiu.2 given on the lowest seaie against the respondent, the petitioner to have custody of the Children until the further order oT '1 he Court. i)i:rnv v. unniv. l'lori l.ouisa Orury v. AVilliam Drury, of New Plymouth, petition for dissolution of ina v ria«;e on the ground* of adultery by th. A respondent wilh his 1 niece. Mr. "Roy appeared for the petitioner, No appearance of the respon-

j dent. The petitioner stated that she ! was married to the respondent on July 10, 1804, and there was only one child living. Tliey lived together for some time, and eventuually settled in Now Plymouth. Then, on account of poor circumstances, she went, at her husband's suggestion, to take a situation in liawera. I'er little, daughter accompanying hci From time to time she asked him t'» bring Iter hack home, but he pleaded he had not enough money (o keep his family. On a Saturday night between April 12 and .lime 23 hist, she fame to New Plymouth by the express train., aiul proceeded to her husband's house in I Line street. She went io the

back of the house, and through the open window saw a woman with her husband. They were talking and kissing one another. Rain commenced to fall heavily after she had watched for half-an-hour. and she went into lint shed. When she emerged, twenty minutes l.uer, the bouse was in darkness. She 1 vied the front door of the house, but. could mt get iu. Then she entered by the bedroom window, and lighted a lamp. Mer hu-band and llii* wum;.n. his jii"u\

w.'ie there. The women U-ft. and li-.-v hut-band ilnw.'il hims.'lf. and came with petilii.ner to her mother's house, i'eiitiiHU'r took ill,- w;un:in's elotlrinj;. I'es]>mi;lent aioi'mj.auiei! her 11> th" pnliiv slii'oii. wli'-re sliv niaile a staU'MU'Ui which led nn lo tli'.-se lb-

ili.l not attempt lo deny it, and oll'ered no explanation. The re-jioinlent li!,', since coas'cil In i' to lvuirn lo liini. but she had <1 .'l'l iii-.il. A decree nisi v.-.is granted, to be made absolute ill three months, petitioner lo have charge of the child until the further order of the Court. lil'RltOWS v. liUiRUWis ANI) TALIS. This was a petition by Pierre Finch Burrows tor a dissolution ol his marriage with Mary Ann Burrows (nee JSuekland), whom he married on March 1. 1!)(W, on the ground that she had on 13th, 21st, and 2:ird November last coni-

milled adultery with one (leorge Talin who was joined as co-respondent. Messrs. T. S. and C. 11. Weston appeared for the petitioner, .Mr. li. 1). Welsh for respondent. and Mr. J. 11. (Juilliam (llovett and Quilliain) for the eo-resjiondenl. The following jury was sworn: Messrs James Telfar, Hold. ,1. liiley, Erlgar 11. Crocker, Joseph N. l'arker, J. BuUimore, J. Mcdahey, H. C. Tonks, J. W. Eawlin-. son, I>. Tippins, F. Newall, 11. Loonev, and E. A. Holding (foreman). .Mr. T. S. Weston opened the proceedings at considerable length, remarking that this was an especially painful case in which the respondent seemed possessed of tierce jealous hatred of the petitioner. The parties were married at Auckland, and lived fairly happily until they took up residence in New Ply-

liioulu, when it was alelged the wife commenced to be disagreeable in various ways. She began making charges against petitioner, alleging Unit he had been carving on loosely with other women, though she declined to name the other parties to the misconduct. Once she accused him of having stolen her purse in the train from Wellington, and after wards slie wrote a deplorable and almost inexplicable letter, in which she upbraided him for his neglect of her, called hiin a "dirty, drunken little, sweep." She also hinted that she had listened to him and "his wench" in the girl's bedroom, announced her intention of having no more to do with a man who drank, and that she was going to let her mother feel her head where he had cut it. She further accused him

from time to time of spending his money 011 other women The petitioner alleged he gave her nearly all his wages until, finding her improvident, lie gave her .CI a week to keep the house, he paying (lie rent and buying clothing. She broke this arrangement by over-spending the amount, and for months refused to cook his food or wash his clothes for

him. The respondent neglected the home, and often left the child alone in the liuuse at night till all hours. One night, when petitioner went out to post some letters at the Eliot street pillarbox, she chased him, calling, "-Madman, mu'lman." On his return she ran out of the house, threatening to jump over the elitf, hut presently she emerged from under the house. On one occasion petitioner had his wisdom teeth extracted, and asked for eggs or some soft food. She refused it. said he had only had his teeth out so as to get eggs, and when he brought them himself she smashed the cup in which lie hail them. On another night she followed petitioner and his brother up the street, accusing them of going after bad women. She was watched by a man. She went into Ta I ill's restaurant, and emerged only after Talin had found the coast ib-ar. Talin denied that she hud been there, and the husband's suspicions were then around. A private detective would lie called to show that the were, well founded, aiul that there was undoubted intimacy between the two, the respondent doing 'IV. I ill's bringing it home and taking it back herself, ft would be shown that furniture from Hurrows 1 had been found in Talin's. and some of the latter's incriminating admissions would be repeated. It would be proved that Mrs. JHirrows was often alone in Talin's. in the private part of the building. 11l a letter to petitioner'* brother she had asserted her innocence of the charges made. "I am too good for him." she wrote, "and plenty will be glad to have me. There are not many

good women about, and 1 am one in a thousand." This letter named the petitioner "a had do;,'.* 1 ami made some astounding charges of misionduct. The hearing will be continued this morning at ten o'clock. The case is being heard with closed doors. Per Press Association. Nelson. March iiO. AI the Supreme Court this afternoon, Win. Ueltany, junr., was found gmltv of appropriating to his own use the sum of €270 belonging to the estate of \Y\ Wilkie, deceased, and was sentenced to two years' imprisonment. That concludes criminal business, but civil business is to be taken to morrowi Napier, March 20.

At the Supreme Court 'to-day, a native named Parotone was sentenced to twelve months' imprisonment /or carnally knowing a Maori girl under the age'of sixteen years A verdict of not guilty was returned in the ease again.st Michael Smith, charged with indecent assault on a female of the age of live years. A Maori named Mauru Kuritkuru pleaded guilty to a charge of forg cry, and was admitted to probation for 1 three years.