SUPREME COURT.

Auckland Star, Volume XXXV, Issue 200, 22 August 1904, Page 5

SUPREME COURT.

(Before Mr Justice Edwards.) PRISONERS FOR SENTENCE. A PAWNED WATCH. "~~* Henry Asher, who had pleaded guilty to illegaliy pawning a watch, came up for sentence. Mr Gregory, for the accused, asked for probation, and said the crime was unpremeditated and the money advanced by the pawnbroker had been repaid. The Crown Prosecutor raised no objection, and His, Honor, regarding the crime as one committed under sudden temptation by a previously honest man, j released the accused on six months' probation, on his paying the costs £2 14/. within seven days. John Calendar, who had pleaded guilty to being in possession of some bank drafts which had been stolen from Messrs Johnson Bros., bootmakers, of Karangahape-road. and also to obtaining £2 from Mrs Lily Johns, Panmure, storekeeper, by false pretences on one o£ these drafts, came up for sentence. Sentence had been deferred, to enable Detective Mcllveney to give evidence of acetrsed's confession of connection with other crimes. Detective Mcllveney was *<iill absertt through illness, but in reply to His Honor accused admitted he had made such confessions, but said he had been very little concerned in the crimes. He pleaded for probation for the sake of his wife and her three months' child. These, he said, were his first crimes, and he had spoken the truth about them. His Honor said if the crime at present in qu*-jtion had been the only ore he would have granted probation. Under all the circumstances he would pass a lenient sentence of one year's hard ! labour. On the application of the Crown Pro-Isecn-tor, His Honor ordered that £2 of i the money found on the late Harold I Harrop, who had admitted connection with the crime, should be handed over to Mrs Johns. ASSAULTED WITH A TABLE KNIFE. Thomas Hermann, a young Norwegian sailor, convicted of assaulting with n table knife Richard Byrne, the husband of an Aratapu boardinghouse'<eeper. was brought up for sentence-. Mr J. R. Reed, prisoner's counsel, said that although be would not go so far as t$ ask for a new trial, he wished t.o hxteje a protest against the action of the Crown Prosecutor in calling evilenee which was not strictly of the na'ure of a rebuttal, after the prisoner's defence had been presented. His Honor briefly discussed the point in dispute with Mr Reed, and then passed sentence on the accused of three years' hard labour.

THE GUMFIELDS OUTRAGE. In the case of Yoz Yujnovich, convicted of attempting to rape a Maori wouan nearly 70 years of age, on a guniTeld road near Dargaville, Mr Reed, the prisoner's counsel, had asked for a new trial on the ground that it was only after the jury had retired to consider their verdict that an important admission of the woman that she frustrated the attempt was made known. He was therefore prevented from crossexamining the witnesses or addressing the jury on this new feature of the case. His Honor gave a written decision this morning on the application, including a statement of the circumstances surrounding it. Li the course of his decision His Honor repeated his opinion that the manner in which the uew ■vidence was made known to the jury >vas calculated to impress them more effectually than if it had been given in the ordinary course of evidence. He must therefore refuse a new trial. The prisoner still had a remedy in an appeal to the Crown through the Governor, who by Order-in-Council could order « new trial. His Honor then proc-eeded to sentence. j Accused, through the Austrian interpreter. Mr Green, repeated his declaration ot innocence. His Honor said that not very Ion" igo he sent a European to gaol for ten years for attempted rape. He would not oe so severe as this in the present case .mt the sentence would be one of five years' hard labour. j THE CLEVEDON ASSAULT AND ROBBERY. Leedham Sweeney and Thomas Bell aged about 28, were brought up for >eincnce on conviction of assaulting and robbing a seaman named John Waldon _t Clevedon. Bell asked for another chance. He said u-.iJ since his arrival in New Zealand :wo years ago he fell among other men older than himself, and became their cat spa w. vj, His Honor said accused had been convicted on three charges of false pretences, and his last sentence was one of two years' hard labour. Accused therefore could hardly have been out of gaol when he committed this last uffenee.

Accused said he was only out for about a month, but he had been in gaol three months awaiting trial and "sentence on this caw. He had only been out i»' gaol one month during the 24 months he had spent ir New Zealand. Sweeney's record of conviction was even retire numerous. He admitted conviction on six charges of assault since April 16th of last year at Coromandel and Auckland. His Honor informed the prisoners that each of them was liable to 10 years' imprisonment and three floggings. He would not be so severe as this, but would sentence them to three years' hard labour. THE SUTHERLAND BANKRUPTCY CASE. James Sutherland, who prior to hia bankruptcy tarried on a boot business in Queen-street, Auckland, came up for sentence for several breaches of the bankruptcy laws, to which he had pleaded guilty. Accused handed up a written statement to the judge before sentence was passed. His Honor said nil the offences showca criminal intent, anj they were not the kind of offences for which the probation law was intended. "This particular tDTiety of crime," said His Honor, "is mcrt dangerous to the community than ordinary theft* and I must pass upon you a sentence which will let people understand that they cannot do this sort of thing with impunity—that if people, in business are guilty of frauds towards their creditors they must be punished. I shall take into consideration your previous good character, but that does not count for much, and it is necessary in the public interest that you should he punished. The sentence of the Court is that you be imprisoned and kept with hard labour in the com-

mon prison at Auckland for a period of one year." CTVTL SESSIONS. THE PAXURANGA HOUNDS. Some weeks ago Mrs. Jane Auchram, wife of Mr. William T. Auchram, of Otahuhu, applied in the Supreme Court for an injunction to restrain the Pakuranga Hunt Club from keeping their hounds near his residence at Otahuhu on the ground that their barking and the cooking of horseflesh and their other food caused considerable annoyance. His Honor, in the course of his judgment, said tbe evidence supported the contention that the Hunt Club, by keeping the hounds there for more than 20 years, had acquired a right by prescription to continue to do so. He, therefore, gave judgment fOT the defendants. Speaking of the question of costs, His Honor told Mr. J. P_ Reed (the Club's counsel) that he thought it would be a graceful act on the part of the Hunt Club to say nothing about costs if the 1 plaintiff took no further proceedings. Mr. Reed took His Honor's advice, and mentioned that the Chib was already making arrangements to move the hounds away. The Club members did not wish to annoy the neighbours, and wete doing their best to m_et their wishes in the manner stated. A PARTNERSHIP CLAIM. William Forrest and Rice Owen Glark, timber merchants, of Paeroa, trading as Forrest and Clark, claimed from Thomas Runciman £1800, the balance alleged to be due from the defendant on the purchase of a partnership in the firm, in addition to (i per cent, interest. Mr J. C. Martin was for the plaintiffs and Mr F. E. Baume for the defendant. The plaintiffs alleged that the defendant entered into an agreement with them to purchase for £2000 a one-third partnership in their timber-milling business. He paid £200, but had neglected to pay the balance. The statement of defence was that no such agreement was made, or that, if it was made, the conditions were that the defendant should pay the money at any time convenient to him, .paying 6 per cent, interest on the amount remaining due in the meantime. The case was heard before a jury of twelve. This afternoon the parties, with the assistance of their counsel, settled the matter out of Court, and at the request of Mr Martin the case was placed at the bottom of the last, to enable the terms of settlement to be carried out prior to striking the case out.