CRIMINAL SESSIONS.

Auckland Star, Volume XLI, Issue 41, 17 February 1910, Page 6

CRIMINAL SESSIONS.

(Before Mr. Justice Cooper.) ACQUITTED. Oscar James Hodder, upon whose first trial tie jury disagreed, was again tried upon a charge that lie did indecently assault a girl under tiie age of 16 years. Mr. Haiokott defended the prisoner. The jury brought in a verdict of "not guiltj'," and the prisoner was disobaTged. RECEIVING STOIjEN PROPERTY. Matilda Modrioh pleaded " n<>t guilty" to a charge that between January 31 and April 1, 1909, &he did receive 14 pieces of silk of various colotrre, and three oiik padded jackets, knovr-ing same to have been stolen. The Hon. J. A. To!e, K.C., Crown Solicitor, prosecuted. Mr. lCndean defended the prisoner. In explaining tbe circumstances of the case, Air. Tule stated that the silk produced wa-s stolon from the warehouse of Thomas iiacky, in Commerce-street, in January 31, 11109. Tiie detectives call fid at prisoner's shop the next day and awked ii she had bought any silk- She replied In the: negative. Some niontbe later when searching the place for smuggled tobacco they came across the silk. The prisoner said she had bought it at a sale. In December she gave a different explanation, stating that a short dark inau had given it to her. Evidence in support of those facts was tendered. The defence set up was that when prisoner received the silk she Jiad no reason to believe that it had been dislion estly obtained. After a short retirement the jury returned a verdict of "guilty." This morning Air Kndean said the prisoner had been left with three young children by her husband, and if ehe were sent to prison there would be nobody to look after them. There were no previous convictions against the prisoner, and under the circumstances he would ask his Honor to admit her to probation. His Honor said the offence of receiving stolen property was a serious one. That the prisoner did receive the silk under circumstances which should have caused her to make inquiries Itas undoubted. But some discrimination must be made between the various classes of offenders. The report of the Probation Ollicer was a favourable one. The three children required the care of their mother, and he would admit heir to probation for a period of twelve months*, upon the usual statutory conditions. A CHARGE OF PERJURY. Thomas Patterson was indicted upon a charge that on or about December 11th, at the Magistrate's Court, Auiddand, he did commit perjury during the hearing ol a charge of assault by swearing that he h-.id not lived with a certain woman as his wife, and also by swearing falsely in reply to other questions touching his relations with the said woman. The Hon. J. A. Tole, K.C., Crown Solicitor, prosecuted. The prisoner, who pleaded "Not guilty," was diif ended by Mr R. A. Singer. A large quantity of evidence in support of the charge against the prisoner was tendered. The case submitted by the Crown was that the prisoner had stayed at various hotels with the woman,, had represented her to be his wife, and that he had passed under other names with her. For the defence, it was maintained that the prisoner had not, committed perjury in any of the statements made by him in ■the lower Court. He stated that he had not co-habited with the woman at any hotel or at his home, nor had he ever given any other name than his own at any hotel, and those statements were true. The prisoner gave evidence, and was submitted to a rigorous cross-examina-tion by Mr Tolc, who confronted him with the sworn testimony of the woman (now dead), given in the lower Court. Finally the prisoner admitted that he had stayed with the woman at Onehnngu. The jury returned a verdict of guilt} - . HLs Honor said the perjury was a deliberate one, for the purpose of misleading the Magistrate, and the prisoner would be sentenced to three months' mi-prisonm-ent, "with hard la.lx>nr. FIVE YEAKS , IMPRISONiIENT. Hone Tareha, found guilty last week of indecently assaulting a girl under 12 years of age, was sentenced to five years' imprisonment, with hard labour. His Honor said there were circumstances in the case which justified him in not ordering the man to be flogged. FIVE YRARS AND TEN T,A.SHra. Horace Wilson, who also last week was found guilty of indecently -assaulting two little girls, came up for sentence. His Honor said this was a very bad case. The girls had been assaulted in a {rrosslyinderent manner. Children must be proteclrA 4£.iin3t such beings as the prisoner, who would bo sentenced to five years' imprisonment, with hard labour, and one Hogging of ten lashes. (Proceeding.)