SUPREME COURT.

Wairarapa Age, Volume XXXII, Issue 983, 1 March 1910, Page 5

SUPREME COURT.

MASTERTON. Before His Honor Mr Justice Cbapnu.n. GRANu JURY. The following were empanelled Messrs J. D. Cruickshank (foreman), E. fl. Waddington, W. Howard Booth, David Caselberg, James Henry Pauling, William Henry Booth, William George Lamb, Michael Jsmes O'Connell, Alfred Caselberg, Frederick George Butement, Francis William Conway, Joseph Charles Ewington, James Webb Blackman, Arthur Cecil Major, Thomas McCracken, Francis Joseph Dupre, George Robert SyKes, Herbert Anderson Jones, James McGregor, Frank D. P. Evans, Alexander Henderson, Herbert Theodore Wood, John Joseph Donovan. MR JUSTICE CHAPMAN- WELCOMED BY THE BAR.

After his Honor had taken his seat on the Bench, the Crown Prosecutor (Mr A. R. Bunny), took the opportunity on behalf of the Bar to offer his Honor Mr Justice Chapman a cordial welcome to the town. Masterton was to be congratulated upon the fact of having sittings held here of the Supreme Court, and he had to thank his Honor, as representing Hi 3 Majesty's Judges, in consenting to what had been submitted to him that the sittings of the Supreme Court be held at Mastarton. He was aware the building was utterly inadequate to the requirements ot the court, an i he boped before the next sitting of the court they would have a buil iing fit for the business of such an august tribunal. A site suitably situated had " been obtained, and a sum of money had been placed on the estimates f. r an edifice suitable to the requirements of a Supreme Court. There was one matter for regret. They were not possessed of an adequate law library. Although fop years the district had contributed to the Law Society that body had failed a together in providing the courts here with a library. He hoped the fact of his Honor being in their midst would stir up the Law Society to do their duty.

His Honor, addressing the Crown Prosecutor and the gentlemen of the Bar, returned thanks for the kind welcome accorded to him. In return he congratulated them and the district on the circumstances of the Supreme Court being opened here. He pointed out that the present sittings must be regarded as a test, and not as being fixed. They would have to ascertain whether there was sufficient business to justify the sittings. From what he had seen oi their district and the number of cases that came from there to be dealt with he had very little doubt but that they would become permanent. From the point of the convenience of the Grand Jury, the Common Jury, and the public, it was necessary they should have better accommodation.

He was glad tD hear they were to substitute something more suitable. In regard to a Library, he was not in a position to help them. They had their Law Society, and it was with them they must arrange. In other localities the matter was receiving attention. In Palmerston I North there was growing up—as j there had long been in Wanganui—a good law library. The question to what extent could heavy cases be taken in out districts? The order in Council was so worded that Judges were not bound to take Banco business outside. In towns where there were indifferent libraries the Council had cited cases without being able to produce authorities to the , Judge. There might be occasions j where it would be impossible to ' hear cases for the reason stated. i They would understand, from the amount of work there was to do the Law Society must procead gradually. It would not be out of place, his Honor remarked, to recall that only yesterday he was reading a report of the address of the Judge of the Supreme Court at the first sittings held in Wellington. This was in April, 1844. Wellington was smaller then than Masterton is now. That Judge was his own father, and owing to the circumstance of his (the speaker) holding the first Supreme Court sittings in a town in his

native province it was a satisfaction to himself to remember the coincidence, He concluded by again thanking them for their kind wishes. CHARGE TO THE GRAND JURY. His Honor, addressing the Grand Jury, said it was his province in the opening of this sitting to address to them a few words on their duties, and what were their functions. He must first of all congratulate them on their district, its growth of population, and expansion. Unfortunately where new works were being pushed on and progress was mak r ing headway, undesirables congregated. That was not the case here, he was pleased to say. The number of cases on the calendar was small. The Government had deemed this centre as of sufficient impartanca to appoint sittings • of the Supreme [ Court here> It v remained tabi se«?jtf Whether it' would^befnecessary • to continue them. The duty befdre was to consider the BUtei ta. bd; pr<> sentfcLfcThey could noticing

ihe amount of time t'lkeii up bv "ttie Grand Jury, but they were not there on the pressure of authority. They were there by right of the ancient privilege of their race, which waa that a man shall not be put on trial at the will of any official, police, magistrate, or more exalted authority, except he be presented by a Grand Jury of his own country. In former times the necessity was more apparent, but it was not easy for some to see the necessity in modern times why a Grand Jury should exist. He could assure them it was wanted, and if lightly dispensed with occasion for regret will come that they allowed an institution hundreds of years in existence to go because of the time and trouble it involved. It was not sufficient a man should be tried by a petty jury. The functions of a Grand Jury were that a man should not have the stigma of a trial cast upon them unless the Grand Jury say so The measure of their duty was to take the evidence of the witnesses and say if they were of sufficient weight to warrant putting a man on his trial. They had not to go into the defence at all. They were only to say whether it was fair and right a man should be put on his trial. The Grand Jury then retired to consider the evidencie in the case against Wong Gee and Uen Get:. iunn .nt-jr absence tut following basin? s was taken

BANKRUPTCY. Motions for discharge were made, and granted in the following cases:— Sarah Clark. Alfred Rebay, John JKi'mery Blade, Bernard and Susie Douglas, Frederick A. Jackson. PETITION TO CHANGE NAME OF COMPANY. Keeling and Wynn Williams, Ltd., to H. P. Wynn-Wlliams, Ltd. — Granted. CHARGE OF ARSON. The Grand Jury returned a true bill in the case against Wong Gee and Uen Gen on a charge of having wilfully set tire to premises in Queen Street, Masterton, on the night of the ,14th inst., and accused were put on their trial. The charges having been read and interpreted to them, each pleaded not guilty. Mr A. A. Bunny was Prosecutor, and Mr P. L. Hollings, defended. 'lhe following jury were empanelled:—G. S. Bowman (foreman), T. C. Curtis, S. R. Kingdon, J. S. Berriman, F. Stains, P. C. Renall, C. C. Piatt, J. McLaren, Thomas M. Sheen, Geo. Coker, Charles Braggins, The Crown Prosecutor, in opening the case, repeated the evidence disclosed in the lower court, and recently the Wairarapa Age. He submitted the motive for the crime was to secure the insurance money. The first witness called was A. R. Sclanders, agent for the Liverpool and London and Globe Insurance Company, who valued the stock at £250, on which a policy was issued for £l5O. The policy was in force to the 14th February, and next day was cancelled by the company. Witness was at the premises three minutes after the firebell rang. When the fire was put out saw burnt papers taken out of a hole in the floor. They smelt of kerosene. They were newspapers, and papers of a similar kind were in the shop, and corresponded in date. To Mr Hollings: Considered Uen Gen of good reputation and a fair risk when he agreed to take the pro-1 posal. Had no reason to recommend J his company to reduce the policy, i Uen Gen told his (" -ipany that he was going away; that was a fortnight before the fire. Saw no loose papers taken out of the hole. To his Honor: Did not notice a smell of kerosene until the rolls of paper and sacking were passed up from the hole. £ John Fuller on 17th inst. valued Uen Gen's stock-in-trade. The inside shop was £l2l 18s. There were some | other goods packed in cases in a shed away frum the shop. Their contents were £23 10?. If valuing for buyer would have written the stock down 25 to 30 per cent. By Mr Hollings: Did not see the stock until the 17 r h. It was possible some of the stock could be sold be tween the date of the fire and his valuation. Took the goods at invoice cost. Constable Brown noticed smoke coming ouf. of a half peie d window in Uen Gen's premises. Knocked at the premises and went and gave a

fire alarm. On returning saw Uen Gen opening the shop from the inside. Saw Uen Gen remove the box (produced} from over a hole in the floor, 6 by 9 inches big, about. Saw stroke and flames issuing up from the ho>e. It was immediately adjoining the partition that separated the next shop. There was a strong smell of kerosene where the fire was. Uen Gen said he closed the shop at a quarter to eleven o'clock. Everything was then all right, and he went to bed about 11 o'clock. The smoke woke him up. He was sleeping upstairs. He put on some of his clothes, picked up. his blankets, and came downstairs and woke Wong Gee, who was sleeping in a room at the back of the shop. He said Wong Gtee came down from Pahiatua to help him pack up some things, as be had sold the lease of the shop. He said his stock was worth £2OO in the shop. Uen Gen was dressed in pants, shirt and shoes no sox. Wong Gee came out from the back premises. H;e was fully dressed in starched shirt, coat, vest, pants, shoes and sox. He said he uni dressea when he went to bed, all but his singlet. By Mr Hollings:-Witness distinctly smelt kerosene when he first went into the shop. There were no loose papers in the hole where the lire occurred. Some of the newspapers were 1908, and others 1907. Albert Henry Pickering, fireman, ts tended the fire. The flames were coming through the floor. By his Honor: The hole in the floor appeared to have been cut out. The box (produced) was not burning when witness arrived. Continuing, witness stated there appeared to be no other means of getting at the cavity in the floor except from the Bhop. By MrHollings: He Was of the opinion that the floor must have been repaired as there were two layers of flooring. Witness knew that the adjoining shop had at one time been used as a bicycle shop, and there were evidences indicating that the entrance to the two shops had been recently renewed. He was also aware that there was also a certain amount of benzine and kerosene used in bicycle shops, which frequently got spilt, and would of course saturate the floor. TRUE BILLS. True bills were found in the following cases:—John Walker, breaking and entering at Carterton; Albert Stockbridge and William Stock - bridge, breaking and entering at Carterton; Albert Stockbridge, being in possession of housebreaking implements. . At this stage the Court adjourned till 10 a.m. to-day.