SUPREME COURT.

Taranaki Daily News, 15 May 1919, Page 3

SUPREME COURT.

YESTERDAY'S SITTING. | (Before His Honor Mr Justice Hosking? PRISONER FOR SENTENCE. Charles Arthur Watkins (Mr Ronald H. Quilliam) a youth about 17 years of age, who pleaded guilty in the lower court to charges of breaking and entering and theft, at New Plymouth, appeared for sentence. Mr Quilliam called David Morrison (local manager of the U.S.S. Co. for whom prisoner had worked) and Edward Bary, master at West End School, who gave evidence as to the good character of prisoner. Hia Honor admitted Watkins to probation of 18 months on the usual terms. He was also ordered to pay the sum of £2 2s towards the costs of the prosecution within a fortnight. ALLEGED CATTLE-STEALING.

ACCUSED ACQUITTED. The re-hearing of the charges of cattle-stealing against Albert Charles Ogilvie was proceeded with. Mr Billiug conducted the prosecution and Mr P. O'Dea (Hawera) defended. After the conclusion of the cross-ex-amination of accused, evidence was given by Thomas Snellar, and Beatrice Louise Fox (sister of accused) in the direction of proving an alibi in regard to prisoner's movements on Sunday, May 26. Francis D. Fox, farmer, Palmer Road, deposed to gathering up all the cattle belonging to accused at the time he was arrested, and settling the accounts.

In reply to Mr Billing the witness stated that some of the cattle wero claimed by the Loan and Mercantile Co., as they had not been paid for. This concluded the taking of evidence and counsel addressed the jury.

THE SUMMING UP. In the course of his summing up, the judge said that, although there were three charges to be separately considered, it was not necessary that the jury should be satisfied that accused was guilty on all the charges. They might i find him guilty on any one of the counts I and not guilty on the others. He then dealt with the crime of theft, and explained what the jury had to be satisfied of to determine that the cattle were stolen. He then dealt with the evidence in support of the plea that accused had driven the missing cattle to the places where they were afterwards recovered, and also with the defence set up by accused. He stated that in refereue'e to the attempt to set up an alibi it was recognised in law that any intention to Bet up such a defence should be made know at the earliest possible moment. His Honor pointed out that there was such an opportunity at the trial before the magistrate. No such intention was revealed, however, until the last trial of the case, and, therefore, the Crown had no knowledge of the necessity there would be to counter it, and that might account for the additional evidence submitted by the Crown to prove thataccused was on a certain road on a certain Sunday. That evidence had nothing to do with the number or chm of cattle driven, but merely with the. fact of (iceused driving on'the Jiinln Koad on a particular Sunday. ]f the jr.ry believed the defence set up in the alibi to be false, then they were entitled to form the strongest conclusions in regard to accused's other evidence.

VERDICT OF NOT GUILTY. The jury retired at 3.30 p.m. and returned at 5.25 with a verdict of not guilty, and prisoner was discharged. INDECENT ASSAULT. Alfred James Bysantson, Mokau, was charged, on three counts, with indecently assaulting two little girls under the age of 10, at the Mokau Wharf on February 8 last. He was also further charged witli indecently exposing himself in a publis place on the same date. Mr. H. R. Billing prosecuted, and accused, who pleaded not guilty, was represented by Mr. Ronald H. Quilliam. The following jury was empanelled: Messrs D. Murphy, W. H. Pellew, E. Allen, L. C. Earp, A. E. Page, F. H. Ham", s;hton, W. A. Graham, W. C. Burrows, T. Mack, F. W. Bull, J. Lynch Mr. Lynch was chosen as foreman. The facts appeared to be that on the date in question the little girls concerned had gone to play on the sands near the wharf at Mokau. Accused, who was a wharfinger, was present about the wharf at the same time. The little girls stated that they had gone into the wharf shed, where accused had improperly interfered with them, and also that he had exposed himself to one of girls beside a truck on the wharf. The case was proceeding when the Court adjourned till 10 a.m. to-dav.