SUPREME COURT.

Taranaki Daily News, Volume LII, Issue 190, 15 September 1909, Page 4

SUPREME COURT.

ALLEGED IXDECEXT ASSAULT. Alter the luncheon adjournment, the Court proceeded with the re-lieariu« ol the cii6e in ivhich an elderly mna named John Brown Cathro was charged (I) ■wiili having indecently assaulted a girl ten years old, at lluwera, in August last, and (2) with havhig committed a common assault upon the child. The jury had failed to agree upon a verdict on the previous day. -Mr. T. S. Weston, Crown Prosecutor, appeared tor the Crown, and Mr. Quiiliam for defendant.

The following jury was empanelled:— Michael llealy, Michael ,1. MeManus, Alfred Tanner, William Telt'ar, Thomas Bell, Bernard C. O'Dowda, Robert W. Edwards, Janice Scanlon, Edward Sole, F. A. Avery, Ernest W. Edgecumbe, Spencer Pop.-. Mr. Pope was chosen foreman.

The evidence having been taken at length, the jury retired. At 4.45 p.m., the loreman of the jury, after about an hour's retirement,' announced tfut agreement was impossible. rile Jury returned at B.U p.m., and the foreman announced that it was quite impossible for the jury to come to a unanimous decision. Tile jurors were, accordingly discharged. Mr. Weston, the Crown Prosecutor, addressing the Court said that two juries i-:d failed to find th ( . aecuseu glim*. ~e i-milil quite understand that the .prisoner's drunken conilitioa would be a ,-lujiili- ( ling block with tile jurors. He himseii! was sensible of the fact that the prison''! bad been unable to get hail, nor was there jany great probability that he would be able to obtain it. Thus, n the event of diis application for a new trial, the accused would have to remain in gaol until March next, awaiting the jiext sessions of the Court. To his mind tliat would be an act of cruelty, and he would b e wanting in sound judgment to move for a tliird trial, and he did not propose to do so. His llonor said that, of course, he must not be held to concur "with what bad fallen from the Crown Prosecutor, Then, turning to the prisoner, he said: " 1 don't discharge you, for you have not been acquitted. 1 turn you loose." He warned the prisoner that he was not free from the consequences of his offence, and advised liiin to put the seas .between him -and the prosecution. "Let him go," said liis Honor, ami the old man stepped unsteadily from the nock, completely overcome by the reaction from -hU long period of suspense. This concluded the criminal calendar. CIVIL ACTION. PAWSON & CO. v. WALLATII BROS. Pawson sued Wallath Brothers for £l3B 53, for timber alleged to have been sold and delivered. Mr. C. H. Weston appeared tor the plaintiffs, and Mr. h. It. Standi6h for defendants. The case had not proceeded very far when h'.s Honor, who had already several times complained that the case was unintelligible to him, said: "This is quite intolerable that I should have to make up your accounts. It is surely possible for you to make up debit and credit accounts in an intelligible form. Yoj ■ are simply coming here and pitehfork- ' ing this thing at me, and I have to wake up your accounts for you, if I can. It is absolutely unintelligible on both sides. I propose to adjourn the case now until 10 o'clock to morrow morning, when counsel must bring me intelligible statements of debits and credits on both sides, otherwise I shall adjourn the case until the next sittiig of the Court." Having ascertained that counsel was prepared to proceed with divorce business, his Honor adjournedthe case. APPEALS. CharlßS Wong See v. J. 11. Ilempton, Collector of Customs. Mr. D, Hutchen for appellant, Mr. T. S. Weston (with him Mr. C. H. Weston) 'or respondent. Joe Wah v. 3. H. Hempton. Collector of Customs. Mr. A. H. Johnstone 'or appellant, and Mr. T. S. Weston (with h\m Mr. C. H. Weston) for the respondent. Lengtnv argument was heard in t-ln?e appeals against the recent convictions of the Chinese appellants in the Magistrate's Court by Mr. H. S. Fitzherbert, S.M. Wong See had been convicted of opium smoking, and Joe Wah of knowingly acquiring possession of opium suitable for smoking. His Honor reserved his decision. IN DIVORCE. Rosa Bessie Yeates (Mr. Quilliami i. j Henry Bertram Yeates. The petition j who was married to respondent in 18'Jli, Slated that after the marriage they lived at Bell Block, where respondent was managing a butter factory. Th--y stayed there between two and three years, and then moved to Uruti, where her husband took a farm, staying there for about three, years. During that time her husband was irritable and I restless, drank a good deal, and neglected the farm.eventually getting into financial difficulties, The falnn was sold (>y the mortgagees in 1902. They left the farm in August, her husband having suggested that she should go and stay with her sister in Cambridge for a time. He drove her to the Waitara railway station, and they parted oa affectionate terms. She wrote to him after he left, but had never seen him since, nor had he communicated with her. She, had not been able to trace him, and didn't know what had become of him. Had her husband made another home for her she would have gone to him. To his Honor: When she left Waitara it was understood that her husband was to go and see her at her sister's, j They had not decided where they we-e going to live. Jabez Grcenhill, farmer, residing at Omata, father of petitioner, remembered Yeates coming to see him in August, j 1902, after his farm had been sold. He brought with him a parcel of books, to bo left u witness' care. He said: "I hare sold my farm. I took Rosa to the station last night. I asked her to go to her sister's for a time, until I can get ano'ther place." He was goingdo™ the coast for a little while to assist in a contract, and when he could get a place that he could take his wife •to, he promised to communicate wiih witness. A short time afterwards h' wrote for the books, which were sent. He had since made enquiries, but had not been able to find where the mr,'i had gone. His daughter had since been earning her own livelihood. Decree nisi, to be made absolute in I three months.

Edward Coulter (Mr. C. 11. Weston) v. Eugenie Beatrice Coulter.—Adjourned to to-day's .sitting-.