SUPREME COURT.

Taranaki Daily News, 22 August 1917, Page 2

SUPREME COURT.

NEW PLYMOUTH SITTINGS. > The August sittings of the Supreme Court in New Plymouth were resumed yesterday before his Honor Mr. Justice Chapman. SENTENCE. Josef Chamberlain and Alois Math is, -convicted on the previous day of having on May 11, at Kaponga, assaulted Constable Lis ton with intent to prevent the lawful arrest of a man named Lynch, came up lor sentence. Mr. A. 11. Johnstone appeared for the prisoners and addressed his Honor in mitigation of the penalty. The two young men, counsel said, were Swiss, and employed at Kaponga as sharemilkers. They had come to the township on May 11 in the ordinary course of business, and unfortunately indulged in too much liquor with Lynch and other men. Lynch, who was the owner of the motor car, got drunk, and on taking it to the Town Hall, where his wife was, he turned it on to the footpath, causing all the trouble. The assault had not been premeditated, bat simply the result of drink, and counsel asked if his Honor would consider probation. His Honor said it was not a case for probation. These young men had come to the township, got drunk, and com* mitted an unlawful and brutal assault on a constable in endeavoring to rescue • a man who was being arrested for being ■ drunk in charge of a motor ear. ! Mr. Johnstone submitted that a fine would meet the ease. The young men had previously borne good characters, had behaved themselves in a most exemplary manner since the offence, and would not cause any future trouble. His Honor said he did not think it was a ease for a fine, but he would make the punishment as light as possible, the prisoners would each be sentenced to two months' imprisonment with hard labor. As to compensation no doubt that could be arranged; if not further proceedings could be taken.

! Edward Howe Shore was charged With ; having obtained, by means of false pretences, namely, valueless cheques, from Charles Arthur Harrison, the sum of £4 10s (id on May 17 and £3 IDs lid on May 24, and further with obtaining hoard and lodging from Charles Arthur by representing that he was fable to pay for them. The accused pleaded not guilty, and at the request of the Court Mr. J. D. Gow (F.Hliam) appeared on his behalf. The following formed the jury: Messrs W. R. Proctor (foreman), J. R. Todd, W. 0. Ford, M. L. Holah, Thomas Bell, Charles Hale, H. E. Marsh, Goerge Neal, Michael Jones, John Lynch, N. A. Allen, and L. L. Langridge. Mr. 11. 'R. Billing opened for the Crown and then called evidence. Charles Arthur llarisou deposed that while he was licensee of the Grosvenor Hotel, New Plymouth, the accused and his wife came to him and asked for. accommodation. That was about May 17. About two days after he had been there ho asked witness to cash a cheque for £5. Being a stranger, witness demurred, but accused showed him a document which, with his appearance, witness thought justified him in changing the cheque. He did so, giving accused £1 IDs Gd. He paid the cheque into his bank, and it was returned to him later, dishonored. Accused and his wife stopped a week, and on leaving accused presented a cheque in payment for his board. Witness noticed the cheque was post-dated, and witness altered it without remark. Witness then cashed the cheque, deducting £4 for board and Gd for exchange, and giving accused £3 10s (id. At that time the first cheque had ■not been returned. Eugene A. Caniplull, manager of the \ P.ank of New Zealand at Rongofea, deI posed that accused had opened and closed | an account with him in March, opening I another account on April 13 with a cheque for £IOO, which reached the bank by letter on April 12. Accused called next day and got a cheque book, but made no special arrangement with regard to his account. Accused had onlv authority to draw for ;£!>!) 12s (id, the ' amount paid in, less bank charges. On ; May 21 he drew out £7O 10s, and want- ■ i cd to draw a cheque for the balance of ■ ' his account, but witness stopped him, as ! it was after hours. Witness produced > j two copies of entries from the bank's 1 hooks showing the accused's transactions. The cheques drawn before Ist | April amounted to £l2l 12s. On May 11 the outstanding bills and cheques ; amounted to £IBO 17s (id, and bills to mature £2OB 10s Gd. Since then cheques ' had been drawn for £lO5 5s and bills 1 to mature £204. The total drawn ■ arainst his credit of £O9 17s Gd was ' ..£531 10s 3d. 1 ■ This closed the ease for the Crown, ? ' and Mr. Cow briefly ojiuned for the de- • ' fence, slating that he would call the ' i accused to give his version of his trans- ' ' actions, all of which hud arisen out of ! the purchase of a motor car. I I The accused, sworn, stated that on 1 April 1+ he purchased a motor car on : terms, the price Vicing £315. He jxiifl ' I first £75, and then £OO, and a third of ■ ! £25, which did not. come in till after he ; ' had cancelled the. order for the ear. He 1 had given bills for the balance. When i : the transaction was cancelled the venI dor retained the £75 paid as the first in- < ! slalment. When he came to Now Pfy- ■ month he thought he should have a : , credit at the bunk of about £3O. When ■ |ihc gave the cheques to Mr. Harrison he '■ | thought he had money to meet them. i He had been at the front, returning on 1 January 19, and was due to go into camp

again qh the 28th o£,tlie presentaaonth*, His ago was 21. He -went into partacu^« '■has and details as to the bills anfls jj cheque.* drawn by him in connection with* the purchase of stock for the farm, J Accused was by Mr.ls Billing as to wlii: . Hie cheques and) i bills drawn by hi:; iverc in connection" with the motor car, and he stated that . (lie first payment of £75 had been made from the sale of a motor cycle. He-had, used the motor ear going about the country on hire for about a month, during which time he earned £M> or £ls •from the various trips. He had kept the car on a farm about 2'/ a miles from liongotea. He got married on May 8, and the car was handed back onthe same day. Ho had gone away with the Main Body of the Expeditionary Force in October. 1914, and came back in January, 1916. He enlisted again with the 16th Reinforcements and went into camp, but was discharged on account of deafness, due to a perforated ear-drum. He was given six months to recover, and was due in camp again at the end of this month. The farm he was on at Eongotea was leasehold, and one of those set apart for soldiers. He had purchased stock for the farm, subject to the approval of the Crown Lands Department. The Depart,-, ment supplied him with the farm and\ stock, he giving bills of sale and paying interest. It was because he found the farm was not paying that he went in for j the motor car. "When he gave the cheques to Mr. Harrison he was confidhet there was something between £3O and £SO in the bank to meet them, because on the 21st April' the manager told him that lie had £67 to his credii The man- ■ tiger had been wrong in stating in his 'evidence that the amount he mentioned was £7. His (accused's) only calculation had made his balance about £63. The first he had heard of the cheques given to Mr. Harrison being dishonored was when he was arrested. He had been-, about two months in gaol awaiting trial. On re-examination by Mr. Gow, accused said lie had thought he had squared up everything in connection with the motor car and in his stock dealings. Counsel addressed the jury, and

His Honor, in summing up, said the whole question for tlie jury was whether the young man issued the cheques to Mr. Harrison with fraudulent intent, issued them knowing at the time that they would not ho met. That question depended solely on the evidence,, and it was for the jury to decide what the man's condition of mind was at the time, whether he intended a fraud, or merely acted in careless ignorance of his financial position. The jury returned a verdict of guilty on nil counts, recommending the prisoner to clemency on the ground of his youth and hi* soivices to his country. His Honor said he did not propose to sentence the prisoner until the following morning, and would take the jury's Recommendation into consideration.