SUPREME COURT.

Taranaki Daily News, 20 August 1919, Page 7

SUPREME COURT.

,3f«STJKRDAX'S SITTIXq. "The criminal session of, €he Supreme Court was continued yesterday before his Honor, Mr. Justice tlosking. , PRISONER FOR SENTENCE. Percy Lewis.; Ward, who had pleaded guilty the previous day to several | charges of theft, appeared for sentence. His Honor said, after considering the case, he had decided to admit accused to probation, though the report of the officer on prisoner was not too good. His Honor said, it would lie on the prisoner to justify what the Judge was now doing, and he hoped it would result in accused never being again before the Court on a criminal charge. His Honor admonished accused and said he would have to be of good behaviour arid there most be no more going to assist horde trainers in their work. The probation would be for two years, with the following teHns in addition to the ordinary statutory'terms:—That he must'be of good behaviour, his place of residence and nature and place of employment to be subject to the approval of the.probation officer; he must not associate with persons forbidden by the probation offiewj^and,)» must report, either in per: son or writing, to the officer at such time,as, he is required. He was also ordered to pay the costs of the prosecution and the sum of £6 10s, which he had obtained by means of transactions with some of the stolen property, at the rate of 10s per month. Accused was then released.

ATTEMPTED RAPE.

The hearing of-the charges of attempted rape, etc., against John Adams was continued. Mr. H. R. Billing appeared for the Crown and Mr. P. O'Dea represented prisoner. Accused gave evidence in his own behalf, whieh amounted to an emphatic denial of the'allegations made agaii.st ■l\im. iNp other evidence for the defence AVas called.

After, a retirement of a few minutes the jury returned a verdict of not guilty on all counts.

FALSE PRETENCES,

Frederick' Thomas Ellis was charged that he did, by means of false pretences, ■ obtain credit to the amount of £l2 18s- from C. A. Coles, a taxi proprietor, Eltham, on June 5, 6, 7, 8 and 9. 1819..

Mr. H.R. Billing prosecuted, and prisoner, who pleaded not guilty, was defended by Mr. P. B. Fitzherbert. The following jury was empanelled:— Messrs. A. H. Carter, E. W. West, F C Gray, W. H. Charteris, J. T. Crapper, G. H. Saunders, S. T. Joll, J. W. Dillon, :A. H. Palmer, N. Griener, R, W. Cannell, and ■%, R. Hughes. Mr. Saunders was Tchosen foreman.

. Cecil A. Coles, taxi proprietor, Eltham, saia lie first saw accused on the night of June 4 at the Coronation Stables. Accused said he wanted a horse for a fortnight. He said he was buying stock for Dalgety and Co. Witness arranged to accused with a horse, and when he came the next morning he asked for ft Car to take him to Stratford. He said he would not want the horse, as the car would suit him better. He told witness the money was Bafe, as he was working for Dalgety. Witness drove him to Stratford and returned to Eltham, coming back for accused at about 5.30, but he did not go back to Stratford. Witness returned, and was rung up next morning by accused, who asked him to go to Stratford and drive him back to Eltham. made another trip to Stratford that day, when witness left accused. He took him back to Eltham the next day. Witness did not know what business accused was doing in Stratford. He Baid Ihe was working for the Wanganui | branch of Dalgety's, and told witness he wanted his account. Witness drove accused to New Plymouth after the account .»"* mentioned. That was on June 8. Accused was left at Stratford on the way home, and the next day.witness came back again, picked up accused, and took him to Opunake, where he said ho had business. They were not there long, and accused was brought back to Stratford, Accused told witness the money was not through from Dalgety's yet, but that he would be down on the mail train the next morning. Witness had never received payment for the car hire. He had not seen accused between the time of the last ride and the court proceedings at Stratford. The total amount owing was £l2 18s. Nothing had been paid for car hire. Witness was instructed to charge the amounts to Ellis. He only gave credit because of the name of Dali gety's being used. A man's appearance | had a good deal to do with whether credit was given. But for the use of Dalgety's name in this case, accused would not have been given so touch credit. On one occasion accused said he was going down Bird Road to Bee about some stock, but he did not go, saying afterwards that it was too late.

To Mr. Fitaherbert: Witness owned the garage at Eltham. He had never seen accused prior to the occasion of hia coming to the stables on the night of June 4. Oil the first occasion of their going to Stratford the first thing they did wag to go to the hotel and have drinks together. When they came to New Ply. mouth there were two young ladies in the car, one sitting with witness and one with accused. Ellis brought the young ladies along. He told witness on no account to engage the car for anyone else on the Sunday. Witness paid his own expenses for,that day. They returned t.i Stratford, the young ladies and Ellis leaving the car there. The next day the same party went to Opunake. Ellis paid the tolls. He also got a case of benzine in Stratford' for witness, which was put into the car at Opunake. He supplied another tin on one occasion. Witness looked after the two young ladies while they were in Opunake. He did not know that Ellis had money. Ellis had borrow.?d prpbably up to £1 from witness. Ellis had never paid any of witness' expanses during any of th'o trips. Witness had no communication from Dalgety'g as to whether Ellis was employed by them. He had tried to ring them up, but had not been able. He went to the police within a week of the last ride by nccmed, and left the police to find out whether he was really employed by Dalgety's.

Detective Fitzgibhon deposed to arresting accused on another charge, and also yisiting him at the New Plymouth gaol, on behalf of the Eltham police, to inquire how he was going to plead in the case. He stated he would plead not guilty. Ho also fetated that he had supplied the benilne for the trips. Witness told accused that the Eltham police wanted to know how he would plead, as they might have to call a witness from Dalgety's Wanganui branch. Accused then 'said there would be no need for that, as he was not employed by Dalgety's, and he would plead guilty to the charge. A statement to that effect, which accused aigued, was lead b* the teteetiMft

In reply to- Mr. FitzherbeTt, the detective said he did not think it was due to lis conversation with accused that he decided to plead guilty. This closed the case for the Crown.

Mr. Fitzherbert said he thought he was entitled to move that there-was no case Jo go to the jury. His Honor said the only point for the jury was as to Whether the credit was obtained by false pretence. In regard to the statement by the detective and accused's decision to pleud guilty, the judge said he did not think they could be withdrawn, and the jury must ilecido how much attention should be paid to that statement. No evidence was called for the defence. The jury retired at 3.9 and returned at 3.31 with a verdict of not guilty. Prisoner was remanded till 10 a.m. today for sentence on other charges to which he had pleaded guilty. BREACH OF PROBATION ORDER. Hui Kai Thompson appeared on a charge of having broken the terms of the order under which he was admitted to probation on May 12 last. Crown counsel stated the terms on which probation was granted, which included that he should be of good behavior, not visit hotels or billiard saloons, and pay £2 10s per week, while in work, towards the costs of the prosecution and in repayment of the sums he had obtained by means of false pretences. He had not obtained work until July 23. Since the time of being admitted to probation he had been convicted of the theft of some cakes, and buns, and been sentenced to seven days' imprisonment. There was, however, some evidence that he was under the influence of drink at the time.

Evidence was given by Constable Nuttall, of Hawera.

In reply to Mr. P. O'Dea, accused said he had taken up share milking under a five-year agreement, and was prepared to go on with that contract, and his employer was willing to keep him on. In regard to the theft of the cakes and buns, he said it was on Peace Celebration Day, and 'the cakes were in the winter show building. He thought they were not wanted, n9 it was late in the day. Constable Nuttall said the buns were wanted for the band. A baker had seen accused taking the bunß, and had followed him to the house of his relatives, Where he was living, and the stolen goods had been recovered. His Honor said he would cancel the previous release, and release accused again for a period of three years, with the additional condition that his place of residence and his occupation must be subject to the approval of the probation officer. He was also ordered to 'pay £2 2s towards the cost of the present prosecution to the probation officer within one week. His Henor warned accused that he had had a very narrow escape, and that should he appear before the court again it was probable he would receive a substantial term of imprisonment. IN DIVORCE. HENDERSON v. HENDERSON. Alice Maud Henderson (Mr. A. H. Johnstone) petitioned for divorce from her husband, William Henderson, on the grounds of desertion and misconduct. Petitioner evidence that they were married in August, 191 i, at the Napier registry office. Later they came to Wellington, and her husband worked at the Ngahauranga meat works. A few months after the marriage her husband began to illtreat her, and he drank heavily. He struck her on many occasions, and eventually she left him and came to live with her father, Mr. McGinty, of New Plymouth, in February, l!) 17. She had no maintenance from him for some twelve months, when she took proceedings and got an order against him.

Evidence was given by E. McGinty as to serving Henderson with the notice of the proceedings, and also as to an admission by him of adultery. , Evidence was also given by J. C. Warn, manager of the cookhouse at the Kakariki freezing works, and Mrs. Bridget McKenzie, wife of the bridge-keeper at kakariki, as to Henderson living there with another woman as his wife. His Honor granted a rule nisi, which may be moved absolute in three months, interim custody of the children being granted to petitioner. Costs £25 with disbursements were allowed against respondent. KENDALL v. KENDALL. Carrie Kendall (Mr. P. B, Fitzherbert) petitioned for divorce from her husband, Thomas William Kendall on the grounds of adultery. The evidence of petitioner was to the effect that she was married in 1896 at New Plymouth, and lived at Hurford Road and later at Elthara. There were four children. While at Eltham she left her husband and went to Te Kuiti, because he was not able to support her and the children. Her husband consented to her going. She had since mot him at the Opunake races, where he had admitted living with another woman. He wanted witness to come back, and then he would give up tho other woman. He afterwards said he wanted to get rid of the woman referred to because he had another woman in view. She saw respondent at Stratford at the time he was served with the notice of the proceedings. When she called, with Mr. Fitzherbert, at the house where he lived, a |voman came to the door, and told them Mr. Kendall had just come in from work. He signed the papers. She identified him as her husband.

Sydney W. Fitzherbert gave evidence as to serving respondent with notice of the proceedings, and as to his admission that the other woman was living with him as his wife.

Mrs. Lu Christensen deposed to knowing respondent, and to his introducing ner to another woman, whom he said he had Jiving with him. Hi's Honor intimated he would like further evidence on the point, and the case was accordingly adjourned. McNAMARA v. McNAMARA. In the case of Hilda H. McNamara v. William Patrick McNamara, on the motion of Mr. L. A. Taylor (Hawera) a decree absolute was granted, no order being male as to the custody of the children, '.his without prejudice to any future application that might be made by the petitioner.