SUPREME COURT.

Taranaki Daily News, 1 April 1920, Page 5

SUPREME COURT.

TARANAKI CASES. PRISONERS SENTENCED. In the Supreme Court at Wellington, (he following prisoijjrs were sentenced on Tuesday by his Honor Mr. JustKg liosking: Jol.u Stephens, a' Maori, had pleaded guilty at Waverley to two charges of breaking and entering and theft. The prisoner, who said lie was 18 years of age, and a farm hand,,went into ft chanty and stole a sum of nosey. Ilia Honor said it was a pity the ltd had committed the offence, for ho did not appear to be a criminal at all His Honor sentenced the lad to 12 months' probation on the usual conditions, and ordered him to pay £2 15b 4d, the cost* of the prosecution. Frederick Hardgrave (ftl years of age)', who pleaded guilty 'at 'Stratford oil March 25 to four charges of uttering, and theft, admitted hatipgaj bad record, and that he had been cott> victed in 1015 and ordered to cone op for sentence when called Open} abo, that seven months later he had betn convicted of theft and sentenced to o&s month's imprisonment, and committed to Burnlmm Industrial School. The pojU ice report was to the effect that the youth was inclined to over-indulge J|a cigarette smoking, and' had an imiqpial tendency. His Honor said it was a great fortune that the prisoner at his ags( should have such a criminal reoord. Hardgrave was sentenced to three JpeaQl* reformative treatment. RESERVED JUDGMENT, The judgment of Mr. Justice S!fli faj? the Supreme Court appeal case of W, G. Emeny, licensee of the Royal Hotel (appellant), and J. J. Nolan, polite constable (respondent), which heard at New Plymouth on Februaljs I),, has been delivered. The appeal vrike against the decision of Mr. J. VV. Poy*« ton, ,S.M., in convicting the appellant of exposing liquor for s(Ue on the dayj of the special licensing poll held ©H April 10 of last .vtar. The judge expressed the opinion that! it was not an offence to expose liquor for sale on the day of the special licensing poll, and the of thq appellant was set aside. Dealing with the question of what course should now be adopted, the .ludge said he tvas not prepared to act on the suggestion of counsel for the respondent that tile court should elceri cise its power to amend the conviction by substituting the offence of selling for that found by the Magistrate to have been committed. "The conviction of the appellant is reversed, and the case is remitted, under section 296 of the Justices of the Peace Act, 1808, to the Magistrate, with the opinion that (here was evidence before the Magistrate on which he would be justified, lifter lieaiinsr the appellant,. in convicting him of the offence of selling intoxicating liquor." Each party is to pay his own coats of the appeal. Mr. C. 11. Croker appeared for the appellant at, the hearing, and Mr. It R. Billing for the respondent.