THIS DAY,

Auckland Star, Volume XXX, Issue 55, 7 March 1899, Page 5

THIS DAY,

(Before His Honor Mr Justice Conolly.)

'No Bills.'—The grand jury having returned 'no^BTir in the case against John Mills, a boy charged with carnally knowing a female idiot, the accused was discharged.—Albert Tonks, also charged with theft, was discharged, the grand jury having- returned 'no true bill.'

Probation.—Charles Doncaster, a lad of 16, who had pleaded guilty to Theft, was brought up for sentence. Mr Baume. appeared for the accused and asked that he be admitted to probation. Evidence as to previous good character was given by Charles Grey and Charles Hopkins. The report of the Probation Officer was favourable, Mr Reston stating that he believed the prisoner was instigated to the theft, by another person, a man who lived with his mother. His Honor admitted Doncaster to probation for twelve calendar months.

Forgery. —John Conncll, who had pleaded guilty yesterday to forgery, was brought up for sentence. The Probation Officer's report was unfavourable. It appeared that before he left New Zealand and went into the army he, had committed a series of forgeries, which his father had to make good. His Honor said it was a most cruel thing that in this ease the prisoner should have committed forgery in the name of his father, wl o was well-known and much respected here. The accused was sentenced to four years' imprisonment with hard labour.

Indecent Assault. —A boy named George Heron, aged 10, pleaded guilty to a charge of having on .January 2. at tJlookhonso Buy, indecently assaulted a girl under the age of 10 yearn. Mr J. ii. Heed appeared for the accused and addressed the Court in mitigation of sentence. The boy had sustained an injury to his head when very young, and when he took liqiior he was not responsible for what he was doing. He had only taken liquor once prior to this occurrence, which took place on a beach within a hundred yards of a large, number' of people. His Honor said there was no doubt the boy had been drinking-, but that was no excuse. Evidence was given by the boy's [father, and as to character by Mr C. Ingraft), the accused's Sunday school teacher at Avondale, Miss Priestly, Mrs Fairweather, Mr J. Bollard, M.il.R. Dr. T. H. Lewis gave evidence as to the results of liquor on those who had received injuries to the head. His Honor said the evidence given in the prisoner's favour had impressed him, very little indeed. The evidence on the depositions showed that he was in full possession Jcf his senses. It .was a shocking ! thing that little girls of twelve years lof age could not walk about a I beach without being molested by ruffian boys. On account of the prisoner's youth, solely, he would infu'ct alight sentence. The sentence was that the accused be imprisoned in the Auckland prison and kept to hard labour for the term of eighteen calendar months. Discharged.—A. young man named Frederick Challis pleaded not guilty to a charge of having on January 1, at Owharoa, had carnal knowledge of a girl named Alice Eva Raynes, over the age of 12 and under the age of 16. Mr Theo. Cooper appeared for the defence. The Crown Prosecutor, Mr Tole,' informed the Court that since the accused had been committed for trial he and the prosecutrix had been married. This would of course alter the state of affairs, and he did not propose to offer a.ny evidence, for the. prosecution. Mr Cooper said this was so. The accused and prosecutrix were now married. The parents on both sides thought it was the proper thing to do. His Honor said the marriage of the accused and the girl was the best solution of the matter. There was no doubt the act had been committed with the consent, of the girl, who though previously virtuous, was perfectly willing to the act of. immorality on this occasion. The par tie were now married, and as-a. wife the o-irl who was the chief witness could not "ive evidence against her husband except with his consent. No evidence wa= offered for the prosecution, and it was in the interests of decency that the matter should rest. It was the plain duty of the jury therefore to acquit the accused. The jury returned a verdict of 'not guilty,* and the accused was discharged. Theft. —A native named Thomas Wellington pleaded guilty to a charge of having on November 11, 1898, at Ngmiguru, stolen one kauri log., Mr J. O'Meagher appeared for the accused and asked that Wellington D'ight be given the benefit of the First Offender's Probation Act, His Honor admitted the accused to prolilt ion, and ordered him to pay the costs of the prosecution. Charges of Theft,—A man named William John McKenzje pleaded not guilty to two charges of theft at Knwak.iwa'. He was accused of having on January 27th stolen one pair of sleeve links the property of Thomas

Wells, and with having1 stolen from the residence of George Henry Brewer a scarf pin belonging to 12. Yaile. The evidence for the prosecution was that the articles were stolen from Mr Brewer's Star Hotel, at Kawakawa (since burned down). The articles belonged to persons staying- in the hotel at the time. Several witnesses were examined, including one called by the accused. The jury returned a verdict of not guilty, and the accused was discharged.