SUPREME COURT.

Taranaki Daily News, 4 February 1920, Page 6

SUPREME COURT.

NEW PLYMOUTH SESSIONS. A LIGHT CALENDAR. The New Plymouth sessions of the Supreme Court were opened yesterday before His Honor Mr. Justice Sim. THE GRAND JURY. The following constituted the Grand Jury:—Messrs. F. H. Jackson, N. Balharry, O. W. -Sole. S. W. Shaw, R. C. McQuade, D. Penman, R. W. Robertshaw, E. May, W. Jenkinson, R- F. Cornwall, E. Dingle, A. Veale, W. P. Nicoll, H. Cocker, W. H. Broome, A. B. Gibson, D. J. Hughes', M. Healy, 0. N. Firth, J. Rollo, R. 0. Ellis, W. Anibury, D. Penman. - Mr. Shaw was elected foreman. , HIS HONOR'S CHARGE. His Honor's charge to /the Grand Jury was brief. He remarked on the lightness of the calendar, which included only two cases—one of alleged theft (on two counts) against a man named Parfitt, and another against a man named O'Neill for alleged wilful damage to some shop windows in Elthain, He therefore congratulated the district on its freedom from crime of a serious nature. His Honor then traversed the chief points in the evidence in the cases, remarking' that in the first there did not appear to be much difficulty in coming to a conclusion that there was a prima facie case against accused. In regard to the other, there was no doubt that the windows were broken, but the evidence would have to be examined very closely to identify accused with the mischief. If the evidence amounted only to a suspicion that accused had done the damage it would not be sufficient to make out a prima facie case against accused. If the jury thought the evidence amounted to nothing more than a suspicion that accused 'had done the mis'chief they must, of course, throw out tile bill. Before doing that they must examine all the witnesses whose names appeared on tho indictment.

A true bill was returned against I Ernest Parfitt on charges of the theft 1 of building material at Fitzroy. § The case of James O'Neill, of alleged g mischief, by means of which some win- Si dows of the shop of Mr, Ira J. Bridger, % Eltham, were broken on the night" of || December 9, was rejected by the jury. p PRISONER FOR SENTENCE. | THEFT OF POSTAL NOTES. | Katherine Etnily MaJ-tin, who had | pleaded guilty in the lower court to the jij theft of several postal notes from the f| postmaster at Kaimata, appeared for sen- f| tence. Mr. Croker represented the prisoner and pointed out that, this was her first lapse and that hitherto she had borne a good character. She had obtain- p ed no benefit 'to herself by the attempt- g ed fraud. Her father was prepared to * take her back home and keep her there. Prisoner was released on probation for a term of two years, and ordered to pay the costs of the prosecution, amounting to £3 13s. / a

ALLEGED THEFT. CASES ADJOURNED TILL NEXT SESSION. Ernest Parfitt was charged with, between July 15 last and the end of August, stealing two windows, one door, and a quantity of timber, valued at £lO, the property of Mrs. Jessie Matilda Moorhouse. Tho premises from which the goods were alleged to nave been taken were the old bacon factory at aiwakaiho. Accused was also charged with tho theft of three rolls of,"certainteed," valued at £5 Ss, the property or the Taranaki Farmers' Meat Co- He was also charged alternatively in each case with receiving the goods', knowing them to have been stolen.

Mr. C. H Weston appeared for the Crown, and Mr. g, 11. Croker represented prisoner, who pleaded not guilty to each charge.

Mr. Croker asked for the case to stand down for a day or two on account of an essential witness from Wellington not having arrived. He stated he had communicated with Crown counsel on tiie matter.

Ilis Honor asked if there was any cerwhal. y time the attendill & and at

Mr. Croker explained that the witness was now the general manager of the Wellington Meat Export Comoany and as the hearing i n th? lower court had taken place on Thursday last, there had been only a short time in which to subpoena 111-. Milne.

i 1 V - Benjiett intimated that he had .lust received n telegram from eh" ° f , ih V !!tC)n solicit °K to {he -facet that Mr. Milne had been served that morning to attend at A T ew Plymouth at 11 a.m. No conduct money -i'r '-T". tc,ulure(1 > and further that Mr. Milne s attendance at a conference in connection _ with meat export matters was of national importance, at:d it was unlikely ho would he able to attend in Aew Plymouth this week.

His Honor commented on the method of endeavoring to secure a witness from Wellington, and said there did not appear to be any likelihood of Mr. Milne being able to come to New Plymouth this week. It did not appear to ftirn like a bona fide effort to fret the witness here, and his absence was an excuse to secure an adjournment. Mr. Croker assured the Judge that every possible effort had been made to communicate with Mr. Milne in time for him to reach here by at latest Wednesday night. He also stated that the police had done what they could in the matter of service, and he, personally had telegraphed the Superintendent of Police, Wellinaton.

After consultation between counsels his Honor granted an adjournment till next session.

L.iil <is allowed on the same terms as fixed liv the Magistrate, except that accused-is to report to tlio police at iitzroy every alternate day. SETTLEMENTS. Settlements were reported by counsel in the following cases.T. It. I'enn v. S. Kindberg and A. Kindbcrg, claim for £425 for principal and interest. Wilfred Mace v. Gnstave Ben and others, claim for £5Ol damages for injuries received.