SUPREME COURT.

Auckland Star, Volume XXXIX, Issue 206, 28 August 1908, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. '■' ""he criminal sittings of-the Auckland Supreme, Court -were, continued yesterday afternoon"before;; Mr- Justice Edwards,, the "Hop;: J. A. ToIe.ILC., prosecuting, tdi. the Crown. ' .-' - | ALLEGED ROGUE AND VAGABOND, The re-trial of Daniel Munro, alias: Warreoi charged with being a rogue and ■ a vagabond,; and with consorting with persons ojf evil repute, was begun,, and i occupied the attention of the Court, the I j whole of the afternoon. The case for the prosecution was concluded, anu evidence for the defence was partly heard, when] i the Court adjourned until this morning, when the. ease was concluded. ■• The jury retired at 12:35 pjn., and, re-| .turning at.120 p.m., asked his Honor I if-, the prisoner's .admission at the first trial that he had consorted was to be j taken as evidence in the retrial,, seeing that such evidence had not. been given, and, "if so, why are we sent in to con-. I sider the case?" I I His Honor: I told you it was an insult to your intelligence to ask you to con- "i sider it. I allowed him (prisoner) to' i withdraw the plea, but the admission remains. . \ '" | The Foreman: Then there is. no case] for us to consider. The jury then conferred briefly, and announced that they found the-prisoner) I guilty on his own evidence. 'Sentence' was deferred until 10.30 o'clock on Monday morning. DIVORCE PROCEEDINGS. TUESDAYS AND FRIDAYS. "' James McMulien petitioned for a dissolution of his marriage with Annie McMulien, on the grounds of her misconduct with Arthur Powe'll, who was cited as co-respondent. Mr. F. Earl (instructed by Mr. Fallon ) appeared for the petitioner, and there was no appearance ox respondent or co-respondent. The petitioner, a labourer residing in Auckland, said he married respondent in Waihi on December 19th, 1900. They lived in Waihi, then'in the-King Country and later in Auckland. There were two children issue of the marriage, one of whom died. Until May 2Sth he lived happily with his wife. He then became suspicious, owing to her coming home late. On June sth, he asked a lady with him where his wife was, and was told to watch for himself on Tuesdays and Fridays. He did so, and in consequence of a telegram be heard of, asking his wife to meet co-respondent at the Ponsonby reservoir, he went here on June 11th. He then saw co-respondent coming along on horseback. His wife came up by tramcar, and the two met. On. 19th June he watched from a neighbour's house, and saw co-respondent talking to his wife on the verandah for fifteen minutes.' Again, on the 23xd June, he watched from a neighbour's bouse from 8 o'clock till 5 o'clock at night. In the morning he saw Powell go into his house through the back door. He then saw the blind in the bedroom pulled down. After about 20 minutes he went along with a lady to his house. They heard talking inside, and went back again. A little later he saw Powell come put of . the gate. On June 29th - his wife went to the play- , His Honor remarked? "I must say you don't, take much care of your wjife. If you looked after bex at the .reservoir you' might have stopped the misehjef. What. have.you to say?" The petitioner said he wanted to see what was going to happen. His Honor: You wanted it to go on?— No. Subsequently, continued the petitioner, he taxed his wife with misconduct. She cried, and said Powell had promised to look after her. He had a statement written out for her, and she signed it. He bad mot at that time consulted a solicitor. She then said that Powell had promised to stick to -•her, and take her to 'Frisco and Sydney. He told his wife he Sad "finished" with her, arid she said she would take the baby and go to work. He left the house that evening, and had not lived with her since. ■• His Honor? What, has become of her? —She's living in town with friends, I believe. ' Have you supplied her with any money?— No. i To Mr. Earl: He wished to have tbe custody of his own child, and also an adopted child. His Honor: He-couldn't have been very ! anxious to have the custody of the children. He never asked his lawyer for them. Mr. Earl: I am assured "that he is nfost anxious to halve them. Hie Honor: Well, he cant, get them. At all events, hell have to take other proceedings. It looks very much as if he had looked after his. wife it would have stopped. Mr. Earl said that at the time it was nothing more than suspicion. His Honor: WeU. that's the very time that the woman wants looking after. Proof of service of summons was given, and bis. Honor granted a decree nisiy returnable in three months.