SUPREME COURT.

Taranaki Daily News, 7 February 1917, Page 6

SUPREME COURT.

A LAW BREAKER SIX YEARS' DETENTION. «A PLAGUE TO SOCIETY." The New Plymouth sessions of the Supremo Court were continued before Mi. Justice Edwards yesterday. In passing sentence on Benjamin Graham Diver, who was found guilty on Monday for committing an indecent assault upon a little girl at Moturoa on January 1, His Honor said the offence of which prisoner stood convicted struck at the very root of morality. Men who contaminated youth must he suitably punished. The prisoner, said His Honor, liar, been treated leniently in the past, notwithstanding the fact he had been a plague to society. Prisoner jiad been convicted on a number of occasions for theft, and in each case the sentence imposed on him had been inadequate. In one instance, at Wanganui in 101", when he received three-months for theft, the sentence should have been years instead of months. Iri view of prisoner's lawless character, he would receive reformative detention in addition to imprisonment. The sentence imposed was three years' hard labor and three years' reformative treatment. RATTENBURY BEFORE THE COURT. Frank Rattenbury pleaded not guilty to a charge of breaking and entering the warehouse of Hatriek and Co., Ltd., at Waitara on December 11 last, and stealing from the warehouse 23 cases of whisky, valued at £7!) 12s Od. Mr.' P. B. Fitsdicrbert prosecuted for the Crown, and Mr. J. H. Quilliam appeared for the accused. The following jury was empanelled:— P. Lealand (foreman), H. L. Gilbert, A. E. Ladner, L. Olivers, R. W. Giddy, F. A. James, L. D. Callaghan, W. E. Dockrill, A. Chard, A. E. Winter, F. Seamark, and H. J. Blanchctt. ' , Before leading the evidence of the Crown, Mr. Fitzherbert warned the jury that no charge of sly-grog selling was concerned in this case. The charges were simply those of breaking and entering and theft, and (he minor charges incidental to the main charge. Counsel outlined the evidence at length, and submitted that he would convince the jury of Rattenbury's guilt. Walter Henry Futtcr, chief storcman at Hatriek and Co.'s warehouse at Waitara, said on December 11, 25 cases of whisky were lying in the warehouse. He knew Rattenbury well, and saw him in the warehouse on December 11. He usually tied his launch at the wharf on the opposite side of (he river. The warehouse stood over the river, and a boat could get under it at high tide. On the morning of December 12, witness' attention was drawn to the trap-door which had been forced open by someone-who had cut a square out of the floor, inserted his hand, and had drawn the bolt

DISCOVERY OF THEFT. Witness then discovered that 23 ease? of White Horse Whisky were stolen. Witness found a ladder on the shore near the warehouse which had evidently been washed up by the tide. Rattenbury owned a launch 45 feet in langth, which lie used for fishing. To Mr. Quilliam: The case of whisky produced had not been stolen. It was one of the consignment which was to have been taken to Ellis, of Urenui White Horse was a popular brand of whisky. One hotel-keeper in Waitara took a case now and then. When Rattenbury called on December 11, he made arrangements to take an assistant storeman out fishing. To Mr. Fitzhcrbert: Ellis was in the habit of purchasing whisky in 25-case lots. He got his last supply in July, 1916.

James Patrick McDavit, a member of the Expeditionary Force, said he was acting as manager to Hatrick and Co.'s warehouse at the time' of the theft. He saw Rattenbury's launch Heather come tip the river on December 11 and stop at the cattle wharf. The launch'was not there next day. The nails and clips produced were similar to those usually used in the White Horse Whisky cases The cork, capsule, and labels were branded with a white horse. Thomas Gore Sole, civil servant, said he prepared the plans produced and they showed correctly the points referred to in the evidence. The trap-door in Hatrick's warehouse would be seven feet above the level of the water at thu computed time of high tide on the night of December 11. Stone's flat-tiottonied boat would carry over two tons before unking. The weight of 23 eases of whisky,, with two men of an average, weight of 10 stone each, would weigh a little over half a ton.

Richard Pearson, storcman at Hatrick and Co.'s store at Waitara, said the Heather was at the cattle wharf on December 11. It had gone next day. A HOSTILE WITNESS. Norman Glifton, ferryman at Mokau, said Rattenbnry came up the river in the launch Heather on December 12, and asked witness to let down the ferry wira to enable him tp go up the river. He usually berthed at the wharf below the ferry.' Witness saw Rattenbnry late? in the day. when he took him off his launch. Witness rowed him across tliu river a few days later, and saw him go up the river-bank. About that time he saw a fire at a point up the river. Two or three hours later. Ttattenbury again crossed the river in the ferry. To Mr. Quilliain: When the launch approached the ferry on December 12, its en?'iies were not working, and it was drifting broadside on. Had the launch moored below the ferry the incoming tide would have carried it on to tne fcri-y wharf. There was nothing unusual in Rallenbiiry wanting 1o take the launch up the river. He did not know much about whisky since he had been married. (Laughter).

Mr. Fitzherbert commenced to cross"examinc witness, when Mr. Quilliam reminded him that Clifton was a witness for the Crown. Mr. Fiti'lierbert: I am afraid I must ask that he be treated as a hostile witness.

His Honor: Yes, I think so. He has adopted most readily the suggestions put by Mr. Ouil'iam nnd he persists in refusing to raise his voice. Constable Nolan, who was relieving at Mokau on December 12, said he went on board the launch Heather in the Mokau Rvier. He found Rattenbnry aboard asleep, and near him was a bottle of Cn-to's Whisky. Rattenbury informed him that he had left- Waitara at three that morning. Witness searched the laiinch but found no White Horse Whisky.

PLANT NEAR WOOD-HEAP. Constable McGregor said on his return to Mokau suhseauent in January he ia>

tcrviewed Rattenbury and asked the latter to accompany him to Watenc's house at Mokau. Rattenbury refused to enter the premises, notwithstanding that Watene was his father-in-law. Witness searched the house, and found no whisky therein. In the long grites near the wocdhoap a few yards from the house he fuund two bottles of whisky. A cork of one bottle had the brand cut off, while an old cork was used in the second bottle. Y\'iiuc;s went up the river, and found i plnee where there had been a fire on ■\ swampy muddy flat. . Mr. QuilKam: 1 suggest (hat you were (•elected to look after Mokau owing to your peculiar qualifications V—l don't knew. I am instructed you are a life-long abMaincr. Is that so?— No. Is all the whisky that enters Mokau' entered in the books of the Clerk of the Court at Te> Kuiti?—l am afraid not. Is it a fact that a tremendous lot of whisky goes into Mokau —I think so. Would not Mokau be better with a license?—l think so. Would it be too much to say that the condition of things at Mokau is deplorable?—l wouldn't go so far as to sav that If it were not for the liquor, would you have anv work to do?— Yes, with the das.; of characters to be found at Mokau WHISKY ON ISLAND. Constable Parkinson said lie was engaged on special duty at Mokau, and on January 1 he went across to an island in the Mokau river and found a benzine case containing 19 bottles of White Horse Whisky. He also found on the bank of the river the debris of a fire. Skipper Tutu, a Maori bushman, said at Christmas time he received two bottles of whisky from Rattenbury, who told him to throw the corks away.. Witness paid 12s 6d per bottle for the liquor. Kuia Watene, a Maori youth, a broIther of Rattenbury's wife, said on the day of the Awakino beach races RattenIbury gave him six bottles of whisky, which he asked him to sell. The whisky was labelled with a white horse. Constable McGregor, recalled, said races andjfi picnic were held on the heach near Awakino on December 2(i. Heni'v Freeman, a laborer residing in New Plymouth, gave evidence that oiie mr ruing subsequent to the robbery, Ra'ttenbury came up to him and inquired about a mutual acquaintance known as "Noodles." Witness directed Rattenbury to "Noodles'" residence.

AN ALLEGED ACCOMPLICE Diedrik Wohlert, a sailor, awaiting sentence for theft in connection with the present case, gave evidence that lie assisted Rattenbury to pet the whisky from Hatriek's store. He and Rattenbury met about 0.30 on the night of December 11. Witness told-the whole story in connection with the robbery. A flat bottomed boat was taken under Hatriek's warehouse, and a staging was rigged under the trap-door, Rattenhiry made a hole in the floor with a chisel, and opened the trap-door. BeUr*en them they carried the whisky to the boat and conveyed it to the launch Heather on the other side of the river. He received Os 6d and a bottle of whisky from Rattenbury. Witness, cross-examined as to his mode of life, said he was fond of beer, and had only been warned once by the police. A FIND OF WHISKY. Cornelius William O'Sullivan, station hand at Mohakatino, said on December 14 last he found a bag containing a number of bottles of whisky while he was harvesting in the vicinity of Wetcne'-s house. John Henry Scott denied that he, carried a brace to Rattenbury. He brought one to a man whose name he thought was Jones about six months before December last. His Honor warned witness to be careful, and reminded him that he was on oath.

Witness said, when speaking to Constable Fitzgibbon, lie referred to the brace lie carried to Jones. The case for the Crown then concluded.

COUNSEL'S ADDRESS*. Mr. Quilliara said he would call no evidence, and addressed the jury. He sought to discredit the evidence of the witness Wohlort, who was an admitted thief. He submitted that there was no evidence directly connecting Rattenhury with the liquor that bad been found. It was the custom in no-license areas for men to plant liquor, and the evidence referring to finds might 'be accounted for in this way. THE JUDGE'S SUMMING-UP. His Honor reviewed the evidence, and pointed out that Wolilert had not been cross-examined as to what occurred on the night of December 11. All the ciieJUmstanees pointed to the accused being the person who removed the liquor. His Honor strongly warned the jury as to their duty, and directed them to return a verdict in accordance with the evidence and common-sense. VERDICT OF NOT GUILTY. After a retirement of three hours, the jury brought in a verdict of not guilty. His Honor, in discharging the prisoner, said the verdict was the jury.'s, not his. He regarded the prisoner as an extremely lucky man, SENTENCE ON WOHLERT. Diedrik Wolilert, who had previously pleaded guilty to a: charge of breaking and entering Hatrick and Co.'s warehouse at Waitara on the evening of December 11 last, and stealing therefrom 23 cases of whisky, appeared for sentence. Asked if he had anything to say, Wolilert said he did not break and enter the premises. •Senior-Sergeant Bowrten gave "Wolilert a favorable character. His Honor said Wolilert had been more of a tool than a rogue. It would be an outrage of justice to send this man to prison when the main culprit had escaped. Prisoner was placed on probation for two years, and was warned to behave himself in future. A CASE ADJOURNED. The case of J. M. dimming v. R. de C Bcauchamp, a claim for £2Ol 5s on a promissory note, was adjourned for a month. It was stated that efforts had been made to get' into touch with Boauchamn, who was a member of the New Zealand Expeditionary Force, 1 but without success. If no word 'Were received within a month, counsel for defendant would consent to judgment. Mr. A. H. Johnstone (instructed by Mr. Paterson) appeared for plaintiff; and Mr. J. H. Quilliam (instructed by Mr. Trilby King) for defendant. SETTDEp OUT OF COURT. The case of A. F. Cole v. S. Campbell, junr., a claim for .Cojj, was settled out o£ Coiirt. v T&a Oouj'A (Aim rosfc