SUPREME COURT.

Taranaki Daily News, 24 August 1918, Page 7

SUPREME COURT.

(Before»his Honor the Chief Justice,-Sir Robert Stout.)

•PRISONERS SENTENCED. In the Supreme Court yesterday, sentences were imposed as follows on prisoners who bad been found guilty of, or pleaded guilty to the charges preferred against them:— INDECENT ASS A CM. Norman Henry Ward, who pleaded guilty to two charges of assaults ou two little, girls, was the first prisoner. Mr Johnstone appeared, and said the bov was only 18 years of age, and had lived with his parents practically all that time. He had been employed in the Railway Department up to shortly before the offence, leaving his employment for some unknown reason. 'Mr Johnstone pointed out that no physical harm had dome to the victims of accused's actions, and it was to bo hoped they were sufficiently young to lose the memory of what had taken place. He thought that the accused was probably bordering on degeneracy, and hoped it would not be necessary to commit him to gaol. His Honor said it was not his intention to send accused to gaol. He would be sentenced to four years' reformative treatment at Invercargill on each of the two charges, the sentences to be eoncurrent. His Honor pointed out that such a sentence would allow the Msons Board to have control of accused, and it' they thought fit admit him to probation, or have him sent to a tree-planting camp and so try and do the best possible for accused. At Invercargill the conditions were not those of an ordinary gaol. There was a school, n - —mnasium, a lecture hall and provisii,,, for amusements, and everything was done to give 'those sent there a chance to redeem themselves. Such a sentence would have an infinitely better effect than if accused was sentenced to a term in a prison in the North Island. The climate in the south was much more vigorous and bracing and would have a beneficial effect.

ASSAULT <k A CONSTABLE,

George Fitzgerald (Mr O'Dea) appeared for sentence for assaulting Constable Willetts at Hawera.

His Honor said the jury had taken a kindly view of accused's actions. Personally he believed accused and his friends were edited by'liquor which they had taken in view of the night being the last accused would spend with them before going into camp, and they 1 hought they could bully the police as they liked. Seeing accused was in the Army and would be kept in the Army, he thought that would be better than his being kept in gaol. He was ordered to come for sentence if called upon, and if he returned to the Dominion from active sen-ice well and fit he would be required to pay £5 towards the cost of the prosecution. His Honor then warned the prisoner as to the result of his conduct, and said that if it had not been war time, and accused had not been going to the war, he would have been committed to a considerable term of imprisonment. The police had to be protected.

j CARNAL KNOWLEDGE, Harry Ernest Williams (Mr S I'itzherbert) appeared for sentence on charges of having carnal knowledge of a girl under the years of age. Mr Fitzherbert said that in view of the prisoner's previous record lie recognised that anything he could say would not affect the sentence. He hoped, however, that it would be possible to give him reformative treatment. He also pointed out that his wife would be left destitute if prisoner was sent to gaol. His Honor said he was sorry for.accused's wife. He knew the history of accussed only in respect to his previous convictions. On the present convictions he was liable to 17 years' imprisonment. He would be sentenced to four years' hard labor on each of the three charges, the sentences to be concurrent, and to one year's hard labor on a further charge, and he would be declared an habitual criminal.

A WILL CASE. A case was heard in the matter of the estate of David Courtham* Whiting, of Hawera (deceased), in which it was sought to show that the will made by deceased on May 3 last, in favor of his wife, was made at a time when the testator was not in a fit mental state to make a will. Mr. W. R. Haselden appeared for the executors (Mrs. Whiting and Mr. P. O'Dea) and Mr. A. 11. Johnstone for the caveators (the three daughters of deceased). Evidence was called as to the mental state of deceased at the time he made the will and both before ami afler that date. The evidence, including that of Dr. Sloan (called for the caveators), showed that deceased was sufficiently mentally alert to fully know what he was doing. Mr. .Johnstone admitted that the medical evidence was not exactly what he had been led to expect it would be, and he felt some embarrassment in pressing his claim before the Court. His Honor held that there was no evi- J dence to show that, deceased was unfit! to make a will. He held that Ihe will was a good one, and the order nisi was j therefore made absolute.

The order relating to costs was reserved. APPEAL CASE. An appeal was heard on behalf of Eliza Muggerklge ami Alfred Mupgeridge (Mr. A. 11. Johnstone) and Jess.; Tapp and Charles Edward Tapp (Mr. P. O'Dea) against the decision of Mr. W. P. Haselden, S.M The case was ,1 claim in respect to the loss of seven cattle and one pig by respondents while acting as share-milkers on appellants' farm near Ball Road, in which neglect had heen alleged, and the Magistrate had decided in favor of the respondents. After hearing argument by counsel, his Honor reserved his decision,

IN BANKRUPTCY. Motions for the discharge of bankrupts were made as follow —Tnhikaka Rupe (Mr. L. Taylor, Hawera), T. R. Southall (Mr. F. *E. Wilson), Herbert Henry Blake (Mr. F. E. Wilson), and Henry D. C. Simson and Thomas (\ Simson (Mr. T. P. Anderson).

ADJOURXED. The ease of Henry Billing, V»'i Paraonc and others v. E. L. Humphries was adjourned till nest sessions. RESERVED JUDGMENTS. In tho case of T. A. West (Mr. P. B. Fitzherbert) v. James Marsh (Mr. P. B. Wilson), an action for trespass, special and ureteral damages and an injunction

restraining defendant from further trespass, heard on Thursday, his Honor gave judgment for plaintiff, with £2 damages. Ha did not consider it necessary to make .an injunction- Costs (£"> osj were allowed, with disbursements.

In the ease of the appeal of the Kith ami Dairy Company (Mr. J. C. Weir), Robert C. Ban- (Mr. A. H. Jolinstanc) respondent, against the decision of Mr. \y. R. Haselden, S.M., also heard on Thursday, judgment was given for respondent, and the appeal was dismissed with costs ( £G os).