SUPREME COURT.

Press, Volume XLVI, Issue 7441, 15 October 1889, Page 6

SUPREME COURT.

CRIMINAL SESSION. Monday, October 14. (Before his Honor Mr Justice Denniitan.) The Court re-opened at 11 turn. THE ABBOTT CASK. Mr Martin stated that the female prisoner was unable to be present owing to illness. The surgeon to the gaol had forwarded a certificate that the female prisoner was suffering from serious prostration. She would probably be able to appear in about a week. His Honor said that it would be better if the two prisoners could be brought up together. The prisoners could be brought up that day week. Mr Fisher asked bis Honor if he would take the points which he desired to urge to be reserved for the Court of Appeal. His Honor said that he did not desire to hear any further argument on the subject. Mr Fisher said his learned friend and himself had agreed that the matter had been pretty well threshed out. Would his Honor take the points he (Mr Fisher) in tended to urge with a view of considering them during the adjournment. His Honor said that he would do so if Mr Fisher would furnish him with a copy. Mr Fisher said the points he intended to urge were as follows:—(1) As to the whole indictment, and on behalf of the wife— That Abbott, the husband, having been convicted of failing to provide under the second, third and fourth counts of the indictment, the wife cannot be convicted eenerally under the same counts. (2) That the breaches of duty forming the subject of this indictment being primarily those of Abbott, the husband, it ought to have been left to the jury, and they should have found whether Abbott, the wife, acted independently of Abbott, the husband. (3) As to the second count on behalf of each of the defendants. That it was not proved that the girl was the servant of the defendants, or either of them, j (4) As to the third and fourth counts, and on behalf of each of the defendants, that the girl wan not proved to be of tender age and incapable of providing for herself; that it was not alleged and proved that the girl was so under the care and control of the defendants as to amount to duress. The male prisoner, who had been placed In the dock was then remanded.