THE COURTS.

Press, Volume L, Issue 15116, 4 November 1914, Page 3

THE COURTS.

SUPREME COrKT.

CRIMINAL SESSIONS

The criminal sittings of ihe Supreme Court were continued before Mr Justice Sim yesterday. Mr S. G. Kavmond, K.C., appeared for tho Crown.

MISAPPROPRIATION. Frank Bow-ring Turner wa_ charged with fraudulent conversion of trust moneys, amounting to £'" IS? Id. tho property of Anno Jean Burgess. He-pleaded guilty, and Mr O. T. 3. Alper.s pleaded for" mitigation of punishment for the admitted offence. Mr Alper.s said Turner was 40 years of age. and for twenty years had been in the Bank of New South Wale-?, rising to the position of manager of the company's brai*:-h at Pa tea. where he wa.s at the time he left the bank. At twenty-one. .he made an improvident marriage, c*f wliich there wero eight children, and at the veiy outset ol his married life got into debt. In I*o-, whilo accountant in the bank at Ashburton, he had th«* energy and abihty to qualify for the legal profession. Two years ago he resigned from the baiiwhiio at Parea, because his indebtednew was beoomin*: aggravated, and as he-had acquired "the habit ef- heavy drink it* j*; under .stress of financial trouble. Ho made an 'arrangement with his creditors, and eighteen months ago, without capital, or ox-H-Tienee. other than office training, he commenced in tho legal profession". What little business be eot was temporarily lost during the st'-ike period. Under stress or financial embarrasment he £ avc v * a >" dri'sk ou several occasions. In referring to the circumstances or tho offence. Mr Alper.s said 1 hat the order'to pay over the money when presented to Turner was not stamped, and v.-as not in order. Though the money had now been handed oyer to Mrs Burgess's agent, no authority on which Turner could safely bave acted had been presented. Mr Alpers asked t'*at the provisions of tlio First Offenders' Probation Act be extended to his client. When Mr Alpon; had concluded Turner .*w>ked permission to -say a few words lor himself. He .said ko far a*? liis recollection went, not until he saw liis pass-book when ho was in hospital, had he the faintest idea of what ho had done. "I plead guilty," lie said, •''beo.iuse I unconsciously did what I did." Mr Raymond was statin*-- that Turner had kept no proper books in his business a.s -solicitor, and was of intem■perato habits,, when his Honour asked waa there any other complaint against him. Mr Raymond said there was no other complaint, ar.d the police authorities had no knowledge or information of any other ease. Turner said ho had fire other amount--* in his possession at the time, and he paid them out without having to get tlio money from ' anyono and without any trouble ' whatever. His Honour said ho wonld take time to consider the case. ARSON. Carlo G. Bartholomco, an Italian, pleaued not ijuilty to a charge of arson, alleged to have been committed on September 28th. 15)1*1, at Lyttelton. Mr J. A. Cassioy appeared for accused. Mr Raymond said the evidence for the prosecution would be that accused was a -sea-faring man. Tho greater part of liis time was spent at sea. the balance on the wharves. Ho had been a boarder with Mrs Sarah Jane Bogan, living ou the Bridlo Patli at Lyttelton, for about three years prior to July last. In that month she ordered him to leave the place. Ho came'back on September -'-'ud and was again told to go away. Accused assaulted Mrs Bogan by knocking her down before ho left. _*X* police were called. Ho was Riven iv charge, and Mrs Bogan laid an information against him for assault. Accused repeatedly threatened to burn down the place. On September '23rd, at midnight, ho came io the house and so alarmed Mrs Bogan that she decided to leave the place. Sho went' to live at Heathcote. Next day Mas Bogan locked up her house and went to Heathcote. Accused visited her there on September 28th. At ten o'clock that night he was seen going in the direction of the house on tho Bridle Path. At 11 o'clock the house was discororod on fire, wiJJi the back door, which had been locked by Mr_ Bogan, wido open. ■ • ,11 Accnsed gave eridenco that he had been in New Zealand for four years, having come to the country in a ship which ho loft at Wellington. He first met Mrs Bogan- iv the street,' and had boarded with her for three years off and on. When he returned to Lyttelton on September 22nd after leaving tho W-ihine on wk.ch he had beeu working, he went to Mr Bogan's for a pawn ticket of his wliich ahe had. and ted breakfast there. Mrs I*op_n said she had sent tho ticket to the captain ot a schooner on which he l ormcrly. worked Tiie captain" said he knew nothing about-it. He went back again for it in the evening, and the police cam© and ordered him away. Later ho got a summons from Mrs Bogan, and went at night to ace her about it. Ue knocked at the window but no mc would come out to him. He said: bid mc good-night and I'll go away. He never threatened to bum down die house. When he visited Mrs Bogan at Heathcote he had eiipper with her, and they drank some brandy which too brought. He stayed with them till the last "tra-'n. which arrived in Lyttelion at 935 p.m. After that he walited about Norwich quay till 10.45 p.m., and then went to the house oi a friend. He went to bed there, and was awakened to see the fire. He 6tayed there all ""After the jury had been in retirement for about two hours, they returned and the foreman asked tor his Honour's direction as to what verdict they should return. Nine wero or oninion that tho verdict should be one of guittv. -whilo the other three considered thero was insufficient evidence. His Honour said ho could not direci them, and after a further shorter re-H-o-nent the jury returned with a vordi"t of izuilty. , His Honour intimated that ho would •sentence prisoner this morning. ALLEGED ASSAULT. Stanley Austin Joseph Suckling was charged." on two counts, with carnal knowledge of a. girl eight years and three months' old. between October 20th and November 20th, 1913.. and, on alternate indictments, with indecently assaulting the same child. Ho pleaded not guilty, aud conducted his own defence. , After a retirement cf four hours, tne jury returned, and the foreman reported'that they had failed to agree, and there was no hope of their arriving at a unanimous verdict. . . A new trial at the present sitting was ordered. Charles Wm. Troscott, a brother of tho s-rl hi Suckling's case, was charged with incest. As in the previous case, the indictments were for carnal knowledge of his sister, and the lesser charge of indecently assaulting her. Mr Cuningham appeared for tha fenceThe hearing of tho case will be continued to-day. MAGISTERIAL. (Before Mr H. W. Bishop, S.M.) "DRUNKENNESS. Two first offenders for drunkenness, who were stated to be pensioners, were each convicted and discharged. Another nrs* offender was fined os, in default 2-1 hours' gaol. PROCURING LIQUOR. For procuring liquor while prohibited,

Aniiio Maria rtid was lined 20s, in de- J fault seven days' gaol. MAINTENANCE CASES. \ Herbert Theakston Mellish's application for variation of an order was refused. ■ * , , r Ethel Maude Lucas asked for an order against Guv M. Lucas granting her maintenance,'and tho guardianship of their child. Mr D. Stanley Smitli appeared for complainant, and Mr I*-. T. Harper for defendant. ! His Worship made an order for £1 a week, and gavo complainant tho ens-tody-of the child, the order to be susponded for four weeks. J RANGIORA. ! (Before Messrs T. A. B. Bailey, S.M.y V Whiteside and E. R. Good, 3.P.'e.) | Wm. Moody Was charged with ' mitting a breach of the Rangiora County Council's heavy traffic by-laws. Mr Johnson aopeared for the Council. Defendant admitted the breach inasmuch that ho drove a traction engine without a license, a-id wa.s fine £5. It was reduced to 20s and costs, providing a j license was taken out forthwith.