SUPREME COURT.

Auckland Star, Volume XLIV, Issue 48, 25 February 1913, Page 7

SUPREME COURT.

CRIMINAL SITTINGS. before h* Horror Mr Jiwcic? Edwards). AFFRAY AT A Bi'ARDIN'UHOUSE. ■jje hearing v: ;.i<- c-iiarge of assault jgjjs: Jaiui-s Kerguson jnd Kranc;s gjjte w.k- ,-<in:.nu--J after fut? "Star" «* : ' r* , '** J'pi-rrilav aii-rnonn. .Mr fJ.S: ■:-' - 1 . j: , : i r K.-rguoOn. an,i Ilico-.: f r B.m«. ' Be '-.i-:_f iji.: 1 .-'. : iP two accused Ta thj! i ' ■■ '"' "'i >"n if December irJ-= : : "'- , •"■'••-•'■ ' M.iri ug-house in grey Hired ; '■■': ■' M: ' ? \l"C*en. and jju£ lit.-r : wire f...:inl ;n .mc of the {ifdroon i- !.:i-y ii-siu -. I Mrs Mocken eith in;<:::_ ;.■ .■ -i ii;.: a it hi-. Fergu--52i «■'' J c ' ''■'.; i w.sli ,i common jasaa;: jj.i.rx: .'-■':.- \! 'rki-n's son. FerjssuD -.v.is .irr.-: -1 .1! tut \u>u*e, but lis tcD,.-in;on c ■: iwjy. The same oHi:n;. Inwi'vrr. 'inks cime tv the splice :■: :ion. . :: 1 .-. 1- t'lore ;•«-.;, jj Mrs IJnckpn. i< : .i.iiighter. .in<l d>nitiMe P.-«rr. B.i: !: <- identity »ii no: (stab!'i-hcii tv i-hi-ir satisfaction until a Ju: !■ kI bern ; Ijo.il .<n iiie !:ead. ,U:f" rv.-.fif- •-Iγ : ;,i !>,,wn had bei-n beirii. Mr Hi.- r:\ ;.l.iced B.inke in the bos ::-! ■'-•'■■ ' '::<■!• .!■•:•: -! 'hat lip h-jj «!:■ 1 :'•' ii ;•=■■■ Ji .ill. 11, declare •Ju; .'■'>■-- •.:-■• :,.. a t i.. P p ■>n !•■-! ■ ■"- • J- - ir.i. .in .vmm I:,. , in ,i Fcr?:>.-:' u<l i< .-, ;..-feign r , from V.i n . totviT. ! 1 • . . -.f-n'-mr }~ •,,..,-,1 ; - llt Ffrga.-.n !i.n] ' .1 -r,-*: c :. , in .; Hrn { up ro :'•■ P'!:it s:,u;on. where was ajnTf'tirn !pd. Herbert K:rV I.lm. 1 .'.i!>in-mate r> f Banls. stated thai he had also been s?'pp r in his cabin a!! the :if:prnnon. as h» had taken a pood deal of liquor t.hai mnmine. Hp *n w Banks asleep at 1.30 mA a?'in at 4 o'clock. ffis Honor here advised the jury that ifionld be am=.ife t-o coavict Bank's, and the j> ry return-ed -a verdict of "Not gniltj"' without leaving- their seate. Fergneon was found pithy nn t.he c-harge of MSMnltinc Mrs Mry-ken. and of common awanlt upon her eon. His Honor imposed a sentence of one rear's hard labour. A RE TRIAL NECESSARY. .MichaW O-Brier, (37). for whom Mr H. E. Haekett appeared, was chared with having on .lanuarv 1 stolen the ram of i 2., from the person of John Prebicevich, at the Ellerslie racecourse or alternatively with simple theft of the sum named, and with having assaulted Prebicevich at the same place on January 1. In outlining the case the Crown Prosecutor said that PrebircvilJe, who was a young Austrian living at Dargaville.. came to Auckland about Christmas, and went to the rar.es as Ellerslie on December 3Q. Tht-re he was met by the accused, who accosted him fami'iarlv as "Tpny," and said he thought they were stopping st tie same hotel. Later on O'Brien told tie young fellow that be had just won £30 through the good offices of a friend. a certain -r Mr Thomson," who was a Terr successful '"guesser." and worked commissions for jockeys. "Mr Thomson" Tras introduced to the Austrian on New Tears Day in a quiet spot behind one of tie booths, and after some conversation ibout the A.R.C. Derby. Prebicevich was ask&d how much he could speculate upon ii He thereupon pulled out £25 in notes, of these were grabbed by O'Brien, who haded them to "Thomson," telling the ■rictim not to be as he was \asfain to get a big dividend. When the race had been no Prebicevich was told iiaithere had been a mistake —the money lad been put on the wrong horse. He protested, whereupon O'Brien landed a How in his face. The Austrian, however, lept him in sight till a policeman arrived md took him in chargeEvidence was given by Prebicevich and By Albert Victor Guy. who stated that he ejw the former demanding his money, «nd witnessed the blow. ; The accused stated that he spoke, to the Austrian originally by mistake. On New -Year's Day his advic« was asked regarding a horse, and Prebicerich of his own free will entrusted the £25 to the third 'party. He admitted striking the blow, mde'r the provocation of being called a thief. The jury disagreed on th." charge of 'theft, but' found the accused guilty of ■assault. " His Honor ordered a new trial, to take plate during the present sessions. AXOTHER INDECENCY CASE. The last of the indecent assault cases - oatfe criminal list is being heard at the Supreme Court to-day. Francis 1 ll S rim J iman of middle-age, was charged wittt kring on January 4th indecently assmlted two little girls, aged respectively nine md tivp years. ; -The Hon. J*. A. Tole. X.C.. Crown Prosecutor, i= appearing for the Crown, and Messrs R. R. Reed. K.C., and Black for the prisoner. The evidence for the prosecution was 1 that Pilgrim, who was the caretaker of tie WeOcftley Street Technical School, enticed the little girls t<> an upstairs room in the building adjoining the school in which he lived, and there behaved in in indecent manner to them. ( Proceeding. I _——— (Before his Honnr Mr. Justice Cooper.) . TORGERY AND IMPERSONATION. Sbs charges, including three of forgery, one of impersonation, and two of faise pretences, were laid ng-iinst an elderly ; labourite man n.iLiied Edward .ueMahon,' fit whom Mr. .1. R. lAin.lnn appeared. ' ' Saeeoujjes a-cre: 'ai 'lh,U on August -f 1911. lh? -m-used frrgpcl an iippiica-! . tioa to t.Mnsfn- the interest in section , X block V.. Puniu Survej District; (■" thit or. Augus; 31. lull, he forged a statatDi;- declaration under the Land •Nk 19(te: 1,-1 that on August 24. and Oetotor -2. 1911, he impersonated one Arthur MeMahon: Idi that on September 20. 1911. he forged a memorandum petoarfer; lei that on July 27. isni. he ■ *tainpcl .1 ehpque for £33 from Andrew Jj-eSei]; by f a l ?P pretence-: (.fl that on September 29, 1911. he obtained a cheque Ft* 43 by false pretences. , -'The ac-xsed pleaded piilty to the fet throe t-harges. and not "guilty to ge reniAiader. whereupon Mr. May's innaatrl thu proceedinss "n the "latter«oßt4Uf fliysd. [ Mr. ;.:{-,! , n _ ~n t - ni> p r i sone r's behalf, K ?---:i-' :!. v hp wji .1 mm .">o years of •" ; -'i .1 wife and family' of six Ihtai '■'' ril M - iv - 10nii - :il ' early in ' if 11 /-? aid hren ir.v:!,lr<| with a liking; ■ m^- Gr '" ; "' ■ 1!ld ::1 •":i-r».iu<-ni'e lni accii- ; a l\r. ~: ah.in twnntv rnnvic- i ; of lite he hid burdened with financial : '«. which had ied him to" take steps "acquire a section of land in the hope! a fresh start He acquired j j. 1 : n s at = over thf -fnti>n in question 1 Hge name or" his son. Arthur .MeMahon, n g the necessary fees and one year's gH- At the end of the year he found J~f e 'r available to meet Lhe further Zj* a FM him. and on applying to tvs Jγ* 1 - , met with a virtual' refusal to I • His ?? in the matter. led Wm to take 'th,- false step of VOUnn S to get rid of the jpxoperty,

forging his son's name to the transfer and a. subsequent statutory declaration Having made t iis false step he was led in consequence to impersonate his son be tore a medical officer when it was necessary for him to obtain a medical certificate exempting him from the residence requirements.

His Honor said that the case was not one in which hi- could make use of the provisions of the First Offenders' Act. In view- of the accused's list of convictions for drunkenness and minor offences he could not regard him as a person of good character. The charge of impersonation was a very serious one, and he could impose a very heavy penalty. It was evident, however, that the "three offences really followed one another as a natural consequence, and he would accordintfy take them together l£ e accused would be sentenced to one year's hard labour on eacu of the three charges -he sentence., to run concurrently A RACKCOfRSE INCIDENT •John Robertson, a midle-aged man , for ,'■ X - L ™ don appeared, pleaded '• t pnlu to a charge of t| lP f t Irmn t , Dr;l.rVtt El]erSHe —set

T>. facts of the case as set out by Mr • ay. were m follows: On the day in "":""" p '»vell. a hairdresser in ii-i--ini>-s at Ngnruawalna. was leaning -V.,■ tl.o fence of the enclosure watching »'• «rt «•*■ ;vhen he was ?r ipp frora . 1--1.1 i<l and hold over the fence, while a haiul went into his hip pocket and abstracted his purse, which contained Hi in money and three railway tickets. He was *v held that he was unable to release I himself, but when liis aggressor broke away he pursued, and caught the accused within a few yards. He very soon recovered his purse, which accused had in iiis left hand, but the man got away a second time, whereupon he was grabbed by a companion of Powell's named Harold Bastable. who held him until Constable Moss came up and took the man in charge. Subsequently a fourth party appeared on the scene, and remarked that he saw the accused pick up the purse from the ground, but this person had not been identified, and as far as he (counsel) knew, was not going to give evidence. It appeared that he was one of those persons who acted as auxiliaries upon racecourses when organised theft was practised. Evidence was given by Powell, Bastable and Constable Moss, who stated that the stranger who said that he had seen the accused pick the purse up off the ground gave an address in Wakefield Street, and said that his name was Grennan. but the police had not since been able to find him. His appearance was strikingly like the "Police Gazette" description of a notorious Australian criminal who bore the same surname. The accused made a statement to the effect that he was at Ellerslie for the reasfon that he had an interest in a horse. He caught sight of a purse lying upon the ground near the rail of the enclosn c, and stooped to pick it up. He had barely time to straighten himself when Powell grabbed him and took the purse away.^ The jury Teturned a verdict of "Not guilty," and accused was discharged. RE-TRIAL ON THEFT CHARGE. The re-trial of Michael O'Brien, in whose ca&e the jury disagreed yesterday, was commenced this afternoon before Mr Justice Cooper. Accused was found guilty of assault, but the jury could not come to an agreement on the other charge of theft from the person. The alleged offence too»k place on the Ellerslie racecourse on January Ist last.