SUPREME COURT.

Evening Post, Volume LV, Issue 137, 11 June 1898, Page 6

SUPREME COURT.

CRIMINAL SITTINGS. Yesterday. (Before ITi.s Honour the Chief Justice.) THE OAMIUUDGE-BOAD ASSAULT CASE. .For ,lho defence of William Courtenay i and Charles Stotr-, charged with $ violent assault upon James 1). Love one' night iv I'Vbruary, witnesses were called to prove that Love was seen to receivo a stiaight-out blow from one of two men, whom none of j the v itnessos appeared to be able to identify, j A. brother of Courtenay. however, snore j Uial ho rescued his brother from a rough-ind-lumble which wan going on just outside the cottage in which Ilu>3 r lived, in which : struggle a man and woman were concerned. 110 helped his brother inside and put him to bed, and ho was not outside the house again Uiat night. The witness could not explain how il was that his brother's hat and* the handle of an umbrella which had taken a prominent part in the affair were found in another part of the street. The jury, after a, retirement of an hour and :t half, ivturneil a verdict of Guilty against Courtenay, and one of Not Guilty against Slolt. The latter was discharged, and Courtenay was remanded for sentence until next morning. Tins Day. Courtenay was brought up for sentence Ihis morning, lie asserted that ho was in no way implicated in the assault upon Love, ' and atked his Honour to defer sentence for half-an-hour s.> that the Court might see how the police had got his name abused in the papers concerning this and the other assault, lie had been convicted once before of an assault upon Mr. Crossey. .Before he was tried the papers were full of reports condemning him. and he wanted his Honour 1o .«ee tho way iv which the police were abusing him. His Honour said he could not re-try any previous case, or hold an investigation into the truth or falsehood of anything that had taken placo on a previous occasion. I'iwmer said ho admitted fighting with ilr. Unroll and Mr. and Mrs. Green, but was ia no way implicated in the assault on Love. Mi-. Cully mentioned that in March, 1895, the aroused was convicted of perjurj', and was admitted to 12 months' probation. His Honour, iv passing sentence, said he had not the least doubt that, the jury took a right view. That there was confusion in the observations and possibly in the recollection of sonic of the w itnessesi'or the prosecution was very probable ; but all the evidence irresistibly led to the conclusion that Lovo was called out of bed b3' his wife ju^t about the time when Mrs. Green was calling out, probably just before she was assaulted. However, all this was immaterial. The jury had convicted the prisoner, and he 1 bought rightly, of using this slungshot, which ho understood meant something hard tied up in a handkerchief, or cloth, on Love'h head, and Lovo was also violentlykicked by a man who, just piuviously. had violently kicked a woman on her breast near her heart, and by the samo man, who when he was arrested told tho police that he was quite willing to "go through the street" — weaning that ho was ready to fight anyone. That indicated :i man of a very violent and dangerous disposition. His Honour regretted to iind that iv New Zealand there should be so much of this violent kicking, and it was the duty of the Court to pass a severe j-outenee, so that other persons who resorted to this means of attack shondd understand I hat they would be properly punished. A. violent blow with a fist given a woman was bad enough, but to kick a woman knocked down on the ground, evidently an accustomed mode of attack, indicated a man who deserved not the slightest sympathy. Courtenay was sentenced to two years 1 imprisonment with hard labour. THBEATKNIMG- LETTERS. Francis Graney pkaded Not Guilty to a charge of sending threatening lettere to Christian and Elizabeth Massey. Mr. Gully prosecuted, and the accused was undefended. Mr. John M'Gill was foreman of the jury. Massey is a man of colour, and his wife a European. Tho titters are alleged to have been sent within tho period of a week or two in February last. The accused had previously lived at the Masseys', but was ejected for- non-payment of ront. Afterwards, lie is alleged to have written them a. series of letter?, which tho Crown "Prosßcntor stated were tho anost disRusting he had over seen in a Criminal Court. They contained, besides filthy language, threats to kill or "do for " the recipients. All women were ordered ouU/of Court during the heaving of the case. The accused denied authorjhip o£ the letters. The jury found him Guilty, but without intent to carry out the threats, and strongly recommended him to mercy on account of his youth. He was remanded until Monday morning i'or sentence, his Honour hitirnatinn 1 that ho might possibly see his way to punish tho prisoner by way of fine. The Court; then adjourned until Monday morning.