SUPREME COURT.

Auckland Star, Volume XLIII, Issue 123, 23 May 1912, Page 2

SUPREME COURT.

CRIMDTAX SESSIONS. •■•■ (Before Mr. Justice Sim.) ' TANEATUA SHOOTING CASE. A £30 FINE. A verdict of "Guilty" with a recommendation to leniency on account of provocation, was returned against Francis Henry Sutton, charged- with- having caused actual 'bodily harm to one Edward Webster at Tariea'tua, Bay of Plenty, at the end of March last, as the result of a revolver shot fired with intent. When Hie prisoner was brought up for sentence this morning, Mr. J. R. Reed, his counsel, put further witnesses into the box to testify to his good character, one of them, the Methodist minister at Taneatua, presenting a petition signed by 150 residents of the district on behalf of Sutton. The Judge, in passing sentence, remarked that under ordinary circumstances a man who used firearms on another man ought to be imprisoned, and were it not for special circumstances he would feel it his duty to order Suttoii to be imprieoned. looking at the recommendation of the jury, however, he thought he would be justified in not ordering imprisonment. He agreed with the jury entirely in the view they took in regard to the provocation. He had no doubt that the story told by the prisoner -was true as to the attack upon him by the other man, and it was probably in a certain amount of fear that he went to his bedroom for the revolver. The temptation to have a shot at Webster wae also probably too much for him in the state of anger and indignation which possessed him. He was evidently a highly emotional man, and it was clear that •having found. that he had really shot Webster he was very remorseful; his subsequent action showed it. Prisoner would be fined £30, and retained in custody till the fine was paid. The fine was paid forthwith, and Sutton released. A CHA3TCE TO REFORM. A young man of 21 years, Alexander Bruce Christie, committed for senten3O from Eltham on three charges of theft and one of breaking and entering, had, according to Mr. J. R. Reed, who appeared on ,his behalf, committed his crimes from no lack of money, but had apparently been actuated by some remarkable freak of disposition to steal on one occasion a revolver, on another a watch, and finally -to break into a shop and steal £7 10/ in money. Counsel •pointed out that he had been under parental control till last September, when he left home. He always had plenty of pocket-money and had been constantly in work, his employers all giving him the highest testimonials. All the stolen goods' had been restored. The Hon. J. A. Tole, K.C., suggested that the youth, in view of his upbringing, was either very callous or unable to realise between right and wrong, and after reading the probation officer's report, in which, some reference was made to drinking and picture shows, inferred that the moving picture show with its exciting .and , sensational' scenes may have been .partly responsible - In developing an irregular instinct in the. young man. ■ His Honor said thai it was undesirable to send'A young man like the prisoner to gaol if his parents were able to attend to his control. He would therefore he released on probation on the first charge, land ordered to appear for sentence when required in respect of the othera. The probation .would be for a term of three yeaTS, one of the conditions being a total abstention from: liquor during the term and another that he pay £10 towards the costs of "fhe prosecution. The Judge warned Christie to live a good life for the future, eke he would >be liable to sentence for hie misdemeanours.' PROBATION. A lad of 15 or Iβ years of age named William George Eloomiield appeared for sentence on charges of breaking and entering and theft at Maunga'turoto, and was released on probation for a, term of three years. A SHORTHORN BULL. The case in which a Maori named Takirihi Kaupeka was charged with the theft of a young Shorthorn bull near Hikurangi, last October, was continued this morning, Mr. J. R. Reed defending. The defence was that tae bull had been on , the prisoner's farm since it had been calved, .and that the mother was originally a wedding, present to the prisoner and his wife. It was contended, also, that the bull was-not, the prosecution alleged, a pure-bred shorthorn, but was little better than a. Slaori " scrubber." Kvidence for the defence was proceeding at the time of going to press.