PRIME MEAT. SUPREME COURT.

Taranaki Daily News, Volume LI, Issue 236, 29 September 1908, Page 4

PRIME MEAT.

SUPREME COURT.

NEW PLYMOUTH, MONDAY. I (Before U\- Honor Mr. Justice Dcuniston). The September sessions of the Supreme Court opened yesterday morning. <;i:aX'D jury. 'ilie following Uraud Jury was cm-panelled:--Reginald Ccoigc, ArLhur il. Uerbcri, Uiwrenee il. M. Aloiitouth, Bol.t. .1. AlUtlhows, Duneau AleAllum, Al.. Coldwater, E. W. Warner, Hugh A. Cholwill. Alt'. !■'.. .Svkes, K. P. Webster, Walter Am-bury, liugh liaily, Win. I'ellew, Wm. Voting. Harold Bawson, Hustav Tisch, A. -V Ilewley, C. E. ISaku, Arthur Ani'bury. Thos. lluodard, W. C. Weston, Francis 11. Carthcw, and 11. N. Goldwater. There being more than the required number (23) on the lira ml Jury, Messrs. Ch'as. T. Bundle ami T. B. 81-iu-ehett were excused from attendance.

His Honor, in addressing the Grand Jury, congratulated them and through them the district which they represented, upon tlie state of the calendar. Only one indictment would come before then, ami that appeared to be a simple one, the depositions setting out that a man named Mercer had walked up to another, named Keogli, knocked him down, struck him with a whip, and indicted bodly harm. The only other matter to come 'before the Court was that of a youth who had pleaded gulty to the forging of a certificate ill order to obtain an appointment. That might be said to represent the serious crime of the district for the past six months.

The Orand Jury retired at 11.1U a.m. and returned at 11.32 a.m. with a true bill against the accused Mercer. The Urand Jim was then discharged. A YOUBH'FUI., OFFENDER. Lewis Jlorrell, a lad of 111 year, of age, who had pleaded guilty to a charge of forgery of a eertilicate" with a view to obtaining employment a> an enginecleaner upon the New Zealand railways, came up for sentence. Mr. ljuilliani said he had just been instructed by the friends of the accused to appear in the case. His Honor said that doubtless Mr Quiiliam was going to crave the leniency of the Bench towards the accused, and he had already made up his mind from the depositions that this was not a case calling for serious punishment. His Honor said he had heard a similar case, and had then inlleited punishment. but in that case the . accused was a man 26 years of age. Although this offence of forgery was a very serious one, there were circumstances which made it possible for him to extend the provisions of the First Offenders' Act. This offender was a boy of 16, and had] borne an excellent character with this one exception. Finding a blank for;n I which his brother had procured for the purposes of an application for a similar position, the boy was tempted to perpetrate the absurdity of impersonating his brother. There was no reason w i\' this lad should not, in. spite of this lapse, develop into a good citizen. He warned the accused of the serious consequences which might have ensued, -ind told him that only his previous good character had saved him from a term of imprisonment. The accused was then discharged, to come up for sentence when called upon, hi s Honor remarking that there was no need to admit him to probation and thus attach to him the stigma of crime for a piece of unintentional criminality. A PATEA AFFRAY.

James Mercer, a man past middle age, was then put upon his trial, charged with having, at Patea, on August i 7, assaulted John, Keogli, with intent !o cause grievous bodily harm, and with having caused grievous bodily harm. Air. W. Kerr, Crown Prosecutor, appeared lor the prosecution, and Air. J| (Quiiliam for the defence. The accused pleaded "not guilty." The following jury was empanelled: Messrs. Fred 31. Doughty, John Uilrson, J. W. Henrichs, Joseph Hooker, Beuben Pcppcrdl, George Foster. Henry Sparkes, William Putt, A. 11. lihisgow, C. iS. Kennell, Henry T. Dvuc, and John Press. The right of challenge was exercised onlji once, by the Crown Prosecutor.

'Mr. Kerr briefly outlined the case icr the Crown, and called John Keogli, a aborcr, of Patea, who said he knew accused very w.-!l, and remembered meeting him in the street near Hill's paint shop. Witness had ,earlier in the day, taken Mercer's team from in front of the Alasonic Hotel, thinking he would be luck without the accused noticing their alweuec. Mercer was at that time having a drink

with some friends. Witness merely witnted to save himself the tremble (if walking up itown to get a s have. 11 >reer did not wait for tlie return of the team, but set out to look for it. and, meeting the witness coming round the corner, struck him across the head with a whip. The whip produced was similar, hut there was a knob on it thvn. He called for help. lie was taken to the hospital and was delirious for a day or so, remaining in the institution for a week. Tile injuries caused dc linos for some lime, but he had now recovered his hearing. He. did not .suffer any great amount of pain. To Sir. Quilliam: He tirst saw accused in the Masonic Hotel. They were bar-'lv ou speaking terms. He did not suggest that Mercer should "shout" for him. lie went out and drove away in accused's two-horse lorry towards the barber's, but he stopped' at McCarthy and Hunger's smithy. When accused' came up hedid not ask witness for an explanation, and did not get ou the lorry previous to striking witness. Witness absolutely denied springing on to accused's lorry and striking him. He knew Wilkie. employed in the blacksmith's shop. Denied .that Wilkie pulled hiut off accused, ■whom he (Keogh) was assaulting violently. He denied that il'etcrs, a shoemaker, called out to him: "You coward, let the maa alone!" Witness denied running away from the lorry, and th.it Mercer came after him, attempting to strike him with a whip. If he had been able to run there would have, been no assault) He did not remember going to the hospital. The iirst night that he was there, he left the hospital, fully dressed, and 'went down town towards tiie brickworks. He met a mate, but had no drinks. He had never told anyone that the treatment he received from accused was well deserved. Had a word or two 'with a man named liasmusscn on the night of the police inquiry, August 24. bnt iliil not fight him. 'lie hit Itasmussen. j 1 Mr. Kerr objected.

His Honor held that the evident was relevant, as going to prove that the witness was of a quarrelsome nature.

Continuing, -witness said he did not. return to the hospital that night in a i drunken condition and demand re-admis-sion. He admitted having been a boarder in a boai'dinghouse kept by Mrs. Mer- * cer, and that he had been turned out of the house on n coount of his quarrelsome nature, and tliat he had not paid for his board. He also admitted having been since arrested for the theft of a shirt and razor at I'atca,convicted <md fined.

Witness grew excited, and liad to Inwarned by Jlis Honor to hold his tongue. Continuing: lie denied having been eouvieted of drunkenness in Taihane. He subsequently admitted it. lie l!,>d never been .convicted for assault, lie was a pugilist, and an exponent of t'.ie art of "jiu jitsu." lie-examined l.v Mr. Kerr: tie did 'not get his shave, lint had left the lorry to go to the "profe-sor's" when .Merger appeared and struck him. Frederick Johnston, laborer, residing at l'atea, said he knew both the pai~ ties to tliis assault, ami saw them nir-t ill the street on this occasion. The lorry could not be seen from .where the two met. Mercer was going away fr.iin. the vehicle, and Keogh was coming from the direction of the Salvation Army barracks. He saw them approach on" another from. »av. "2"> to :!(l yards apart. •Alien they met" .Meiver hit Keogh on the head with a whip and felled him to the ground. <li'ikin<_' four uv '] .•■■ blows on the head subseipientlv. and then hitting him about the leg, and body. Witness went up. and he saw Iving on the ground a knob which looked as if it had come nil' the whip. Keogh .had called out. and witness and a man from the butcher's shop cro-s ul over.

Asked Mercer "wliiil. Uic »ai,ic wa>." sinil In l aiisw'i'iwl, 'Til learn lii'ii t't Ink*- my horse* awny." Mer-rr n;\d' li'.id .1 drink or two. Iml \v;is mil dniiik. Keci:;!i wii-s lileediiiL' fp'iii wound* in 't'.ie hem!. lie ;t-l;e,l Keo-li il lie li::d anv fri-mls. and lenrnintr Unit lie Imd none.

thu witness rang up the police. To Air. Quilliaiu: Was about (iO yards away. Keogli was knocked down on t!i.> footpath, Inn then he scrambled up and got, on to the grass. Meiver did not' yet on his lorry before the assault, lie denied having made a contrary statement in the lower Court. Alfred Clement Hill, painter, of Palea, said he s aw the two men pass his workshop dour. Mercer following keogii. Mercer struck the other man with a ,w'hip, but the blow did not hurl him, the end ol (lie handle curling over Kcogh's head. Koogh ran oil', (lie recused following him round Ihe corner. Subsequently he liearil a cry as thoug'.i from a (icix'm who was being hurl. The witness Johnston was recalled, by his Honor, and lie stated thai i'iassault Hint he liad witnessed would; not be visible by Hill. Albert E. Aoams, tlrapcr, of l'atea. said that on the day in question he was in the, billiard-room of the Central Hotel, Hearing fries, lie looked out; of the south ■windows, but saw nothing. Turning to the windows fronting Cani J bridge, .street, he .saw Mercer belaboring the other man with a whip. lie to.ik;

IK i-ojfli to a pump anil washed his face, then took him to n chemist's, after--I wards taking him to the hospital. Tie | man was only slightly (lazed. Michacal O'llrien, constable stationed lit Patca, gave evidence that lie saw Kiogh ill the chemist's shop, with two or three cuts on hi s lieiul. Advised, him logo to the hospital. On the following day he saw lilercer, and obtahi"d from him'the whip with which the assault liail been committed, lie also admitted striking Keogh, but pleaded provocation, relating grievances spread over a couple of .months. Mercer also pointed to übnwions 'on his face which be a.leged had been caused by keogh puminelfing him on the lloor of the lorry with his lists until liberated by Wilkie, the blacksmith, lie also alleged that Keogh had held him ruiunl ihe neck, whilst he punched him. Then Keogh: ran oil', and accused chased him, striking at liiin with a whip. Keogh atVrwards returned, and then the assault took place. 'Air. tjuilliaiu biielly opened the case for the defence, stating .thai he would

jirovu that Keugh took away the accused's team, mid tlmt v. lien .Ucrccr regained uossi'ssion, and was about to drive away, Keogli sprang at him, eliltehed liim, siiiil NUiumellcd liim. lladi not a man named Wilkie inlcrvened

Mercer must have received serious injury. It was in retaliation tliai Mercer chased Kcoga and struck liim. Frederick Melson, coach proprietor, of Paten, saw Keogh driving aeused's lurry to McCarthy aaid Hunger's, lie; left- tile lorry standing there. .Mercer came towards the blacksmith's shop. Saw Keogh come out of the shop. The } men met, and appeared to have some words. Alt-rcer got up on the lorry and was about to drive away, when Keogh jumped at him, caught liim round the neck, forced him down on the deck of. the lorry, and gave him a good .pummelling. Wilkie, working at the smithy, came out and pulled Keogh oil'. Mercer got down, and chased Keogh with his w|hi,p, the latter running round llie comer. He saw nothing more of the affair. Witness himself was going to Mercer's assistance, but refrained when Wilkie came. Peter Peters, .bootmaker, residing in Patea, whose shop was about 33 yards from McCarthy and Hunger's, also saw the occurrence. He heard Mercer say to Keogh, "What did you run away with my team for!" . Witness heard

no reply. He saw Mercer Ret on ti> his waggon. Then iKcogh caught hi'"' round the neck, ami started to knock him about with liis fists. Witness called out, ''What are you doing, you coward!" Then .he saw Wilkie come out of the forgo and part the men. Kcogn ran away, and ilerccr hit after him willi the whip. The first strike missed, lml he followed Keogh a. -l.it, then returned to his waggon, .and immediately turned back again. Witness followed, lie saw the men meet in the side street, and Mercer struck out \viih the whip. Keogh didn't attempt to get out of the way, and .Mercer hit him on dlic head with the whip, knocking him down. This assault took place ia Cambridge street, about fifteen yards from the. I comer. Xext <lay Mercer had bruises | on his forehead, and ,a mark by his | right car. I Joseph Wilkie, blacksmith, employd by McCarthy and Hunger, at Patca, remembered seeing Mercer's lorry in front of the shop on the date in ipiestiou. He heard Jlercer and Keogh talking, and saw Jlercer iget on to the lorry. Looking up from his work just .afterwards, he sa.w Keogh with Mercer dov n on the lorry "bashing" him about. j'e heard Keogh sav: '"You old , voit'\e been looking for it all day, and I'll give it to von now while I've got the show.'' Witness immediately pulled oil' Keogh, and told him lie was a coward to knock an old man about. Then he went back to his wore. This closed the case for the defen-e. Jfr. Qnilliam asked if it were neces-

sary fiiv liim to address. Ills Honor siiiil Hint it was, for assault had been proved. Of count'. then- was a clear case of blackguardly 1 assault, against Keogh, and very .prob.ildy the police would' sulwnucutly take up this matter, now tliat tlie fads were known. But it could not lie said that Mercer ]iad aced in self-defence, for this assault was "not ]>art of fie one transaction, so to speak." The necessity for self-defences had gone. He was of opinion, of course, that there had been great provocation. Mr. Kerr, in reply to the suggestion of his Honor, said he would not rely on Keogh's evidence., and would not proceed further on the lirst count. Counsel elected not to address. His Honor, addressing the jury,' said that the case had resolved itself into a matter of law. The €rown had now abandoned lhe theory advanced by prosecution on the depositions of the witness Kcogh, who tad either been drunk then or was lying now. Mercer was not repelling force with force, for his assailant had run away, anil there was no further need for self-defence. J lad the man been killed by the blow, the indictment might well have been reduced from murder to .manslaughter, but manslaughter would have to tie proved, lie directed the jury that the man was guilty of tile offence .with which he was charged. The jury must not iie influenced by the idea that Keogh had, received no more punishment than lie deserved, for the "unwritten law'' of America was not in force here. It wis ipiite right that the jury might, in iindhig the accused guilty, add Unit they considered tile accused had acted uiuh-r great provocation. fie would pay the greatest attention to any such sugg ,'sl ion.

'flic jury relirwl at iAD and returned with a verdict of "guilty'' upon the second count, under extreme provocation, the jury expressing the hope that the accused would be treated with , the utmost leniency. ilis Honor agreed, ami said that he was justified in considering that the assault was i-oHimilli.fi iu hoi Wood a/l-T a serious assault upon Mercer. The accused would .be ordered to enter into a surety himself of CSD and to liml two sureties of .L'so .each that he would come Up for sentence when called Upon and to keep the pence Inwards the a.--euscd and all of his .Majesty's ,übjccl>i lor two years. The accused was granted a week in whh-11 to lhnl the sureties., A UUilOrN lIUSIXIW. The first eivil action, tried before his: Honor and a jury of twelve, was that of James v. flood, a claim for daniagys, for alleged trespass. Air. Quilliaui appeared for the plaintill' and Air. W. L. fiulierbort for the defendant. The following jurv was empanelled:— C..S. Rennell, ,S. dvvder, Rout. Heard, >V. I'utt. Frank Sahva'y, 11. U Bhth, -7. W. Heiirichs, Joseph (') Shaughuvssv. John (lil.-on. Joseph Hooker. A. .11. fiiasgow, mid ti 'gc foster. MV. Quilliam opened (he case for the plainlill' at Mime length, stating that this was a claim for damages for illegal, entry by defendant upon plaintilV's JcnVnohl farm at Awaluna. Kast. and for illegal dMross. The facts as slated by him. and siibseipicntlv bv (he plaintil)', were that in Jnlv of last vear the defendant granted the lease of a farm property at Auaiinia l-.'asl to the plaintill', on an ordinarv fanning lease, lhe rent to be paid h'alf-vearlv. the lir-t payment, to be made on Januarv Nt. IPOS. The lease contained a covenant in which James undertook to purchase the property at .-CI2 10s per acre at the end of the term of four years.

free from inciunibraiice. it was also stipulated that, in the event of tile rout being a month in arrear, the. defendant could re-enter on the property and illstrain upon the stock. The first iiuiTycar's rent iwuo due on January Is;., lililH, and was not paid, owing to the; usual initial diliiculiics of working a now farm. Defendant came to Jio farm in Fcbiuaiy with a lalner, as lie named to raise another mortgage on the property, and it was arranged thai l.he payment of rent would he allowed Lo stand ever pending coiqilolion of the loan negotiations. The defendant was anxious to sell the farm, and agreed lo allow plainlilf ii yrar's rent if lie would give up possession. That was in .March, wiien iietYiidaul Wood had a purchaser, the „aic dd not come oil'. On, lTlli -March del'einlanl eome to the fanii, on wiial was thnugiit to lie a friendly, visit, and accepted the hospitality of the plainlilf and his family, oeing treated as a welcome guest. Several conversations took place concerning the overdue rent, and plaintilf (reipienUv offered to sell cattle to make up the amount, hut the oiler was as often declined. At the end of .March, or about the Ist of April the .jdaintilf found hidden in his barn several padlocks and idiaius, and he became suspicous of the Intentions of his landlord-guest. That night he again oll'ered to sell stock in order to raise the .CB-I ds lid halanec. Defendant laughed, and said that that amount was of no use to him. for he had been to considerable expense. i)u :;rd April plaintilf sold cattle and

raised sunn- nioiicv, iinil on 4th April he went lo Kltliam. ibankcd, and had the money telegraphed to defendant's banking account al Fcilding, as requested In 1 former letter fruin defendant. On Unit day In' received ;l lellcr purporting 0 ihe written thai morning al 1 o'clock, intimating Woods' intention of leaving ijhat morning for l-'eiluiiig. lie did not go. .hi Sunday, alii April, the defendant ockcd all (In- gates on the farm, sd/."d iverytbing on it, and handed tin; plain-. ill' notice of rc-cnlrv. dated March IT* -i. VMS. lie remarked to ihe defendant! 'Seeing you're a prominent Halvatioust, 1 suppose you think this is a Tea 1 jooil Sabbath's work.'' On that day, m •oursc, there was no rent due, the Limuirjil having been remitted lo .Iniendant's credit al Keildiiig. I'laiutill warned defendant that tliere was no noney owing, and that he was making 1 serious mistake. Mr. yuilliain claimed

Unit tin: lent having been paid tin' ihy before, tin' re-entry und distress were illegal, because there was no rent tin-? because the distress was made on a Sunday. .Moreover, a landlord had t!i< right to distrain upon a tenant so lou<j as .the relations of landlord and lenaiit existed, and the defendant by his re entry had terminated that position Further, the amount was excessive. Thi defendant left the house and went u live at a neighbor's house, i'or sevcra days the ifarm was in a state of siege Nu horse or niilk-eart eould leave or re turn to it without Jirst obtaining tin key from the defendant or from Mr. Ar thur, his bailill'. Plaintiff saw a soli eitor on Monday, uth April, and re turned to Awatuua iwith a letter froii his solicitor tu defendant notifying tha the rent had been paid, and jnslrucLhi; him to remove the locks fii'oni the gat js Jlo Wok no .notice of the letter. Tin gates were unlocked on 11th April Meanwhile the all'air was common talk and his credit was affected. The Xev Zealand Loan and Mercantile Agcnc;. Company, which had a bill of sale ov.'j some of his stock, forced a sale. Unuet ordinary circumstances the cattle would hitve brought .1:150 ,111011'. As a result of that loss he had had to give up faming on his o»pi account, and was now; milking on shares.

Cross-examined: When the defendant and his brother came to the farm on 17th Alurch they did not inform him that they had come to re-cuter on the •property'. They told him that, the property had been „old to Ceorge Wood, defendant's brother. They agreed that-plaintiff-was to continue in occupalioii 'till the end of the dairying season '(about lira months). It was nut arranged that the earnings of the cows Were to be applied to the reduction of the rent, lie expected that iiis rent, was to be remitted in accordance wi;h, his agreement with the defendant, lie denied having agreed to work at the grassing, and that his earnings were to be credited to the rent, account. Defendant stayed on, at the iuvitatiun of 'Airs. James, and assisted in grassing the ■burnt area, saying it was benefiting bis health. The grassing went on till 3rd lA'prJl. On that day witness went to 'Kaponga, and sold about fifty cattle at 'auction. They were taken in to the 'sale by Air. limes, a neighbor, ami soid 'in bis name. He was afraid that the 'defendant -would seize the cattle and make him pay .Ol or :tlill) additional

in expenses, ami In" had I lie cattle rc'moved from the farm aml sold to prevent their being padlocked in. lln could, not say tlmt tin' ".strained relations" 'csisting on .SiUiuiliiy were caused .!>y the surreptitious removal aad sill-.' of 'tlic stock, ami llmt the gates wore locked as a precaution against further removal, lie did not knock the locks nil', because lie had been advised not 10 do so liv his solicitor.

At o.;l-"> ]i.m. the Court adjourned till 'this morning ill 111 o'clock.

Tlic ease of Ooorge 11. Hodgson (Mr. .(. !•:. Wilson) v. L. Keith (Mr. .lohnslone), claim for fSli 4s '.ld, balance "I rent due under an agreement for the hire of boring plant. material supplied, and plant not returned, was by consent adjourned till the next sessions.