SUPREME COURT.

Auckland Star, Volume XXXIX, Issue 203, 25 August 1908, Page 5

SUPREME COURT.

jERIMmAI/SITTINGS. The criminal sittings of the Attcxland Supreme Coarfc were continued yesterday afternoon, before Mr. Justice Edwards, the Hon. J. A- Tole, K.C., prosecuting for the Crown. ACQUITTED. Sidney Day, a well-dressed man, about 30 years of age, pleaded not guilty to a charge of receiving and conspiring to defraud. He was defended by Mr. J. K. Reed. For the prosecution, evidence 'was given to the effect that Hillson, a carter in the employ of Mr. Hill, a batcher at Ellerslie, supplied accused, who is also a butcher at EHerslie, with meat belonging to his employer at about one-third its real value, and sometimes for nothing at all, receiving bottles of beer. Hillson's movements were watched, with the result that he was seen to hand over a considerable quantity of meat to accused on May 12th, the only recompense received being a small bottle of beer. For the defence it was stated that accused started business with only £20, and at times had to get his supplies from I other butchers. While Hillson was on his round on one occasion, he met accused and offered to supply him when he ran. short. Subsequently accused had occasion to accept the proffered assistance, but- deehvred that he always paid full varue for the meat. In order to oblige Hillson he sometimes got him a bottle of beer, as owing to the nature of Hillson's round he could not procure it. After a short retirement the jury returned a verdict of not guilty, and accused was accordingly discharged, his Honor remarking that accused was "the most fortunate man in Auckland to-day," and advising him in future transactions not to give beer to a rival tradesman's servants, as other people might take a more serious view of it. TO-DAY'S PROCEEDINGS. THE MOUNT EDEN ASSAULT. David Henry Kelletfc. the young married man, convicted) on Friday of common assault on a young , girl at Mount Eden, was brought up for sentence. Mr. F. Eari appeared for the prisone • and called evidence as to prisoner's previous good character. . I The probation officer's report stated . J that prisoner had an inherent propensity ! for molesting women, and Mr. Tole was I about to call evidence, when his Honor i j remarked that he would spare the witnesses. Addressing the prisoner, his Honor said: During the period you have been undter remand I have had occasion to consider this matter very carefully. However painful it may be to punish a young man with a young wife and young children, my duty to the community compels mc to pass such sentence as will lead persons addicted to such practices to which you have resorted! in the present case, to understand that their conviction will assuredly result in their receiving condign punishment. It has | been shown that you were under the influence of drink, but that you were not so drunk as suggested is quite plain. j You were not too dmink to struggle with , this girl; not too drunk to take speedy flight, not too drunk to engage in a struggle with an athletic young man. who arrested you in your flight; not too drunk to take the very prudent course of turning down the first side.street which if it had not fortunately been a blind street, would havered you to safety; and you were not too drunk within a very 1 reasonable period after this occurrence i to find your way horne —a considerable ■ distance —and be in bed and asleep when i the constable came to arrest you. You . were—although it is quite possible your sense of prudence and your desire for , safety would not have led you to commit ■ this crime had your brain not been • muddled—under the influence of drink, ; but you knew perfectly well what you ' were doing, and had complete control of , all your physical faculties. If I allowed you to remain unpunished) I should be holding fort to the community of Auckland that it is sufficient excuse to commit an assault upon an unprotected and defenceless girl in circumstances in which she had evedy reason tofcelieve hersef sa-fe —going from a tram a few steps from her . home; for a man to say, "I was under the influence of liqnor, and really did not know what I was doing. I have a young-wife-and children, and I have borne ! a good character." That, added his Honor, was impossible. ' That the punishment of prisoner's crime 1 must fall upon his wife and children was a most unfortunate circumstance, but it ! was a circumstance that attended the ' punishment of crime in all cases, and I must not be allowed to influence him. " I am moved," concluded his Honor,' i "by the very earnest appeal of your . counsel—Mr. Earl —who has done all, and - more than all, that could be expected of . any person defending a prisoner. One cannot help being moved by the earnest-ness-and sincerity of the appeal which has . been made, but I should be doing wrong J if I allowed myself to be influenced by , any such consideration in the present case. The safety of our women and • children shall be assured in our public streets, and he who offends against them .' shall know beyond) all doubt that punishment will attend his crime. Prisoner was sentenced to one year's imprisonment. ALLEGED INDECENT ASSAULT. 1 James Paton, a strongly-built man, about 40 years of age, was placed upon ! his trial for the second time on a charge of indecently assaulting a female child ' three and a-half years of age. Prisoner > conducted his own defence. At the first trial the jury disagreed. ; Evidence similar to that given at the ' previous trial was heard, and the jury ; retired at 1 okdock to consider their verdict ! At 2.40 p.m. the jury Teturnedl, announcing that they found the prieoner not guilty. He was accordingly discharged. 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