THE COURTS.

Press, Volume LIV, Issue 16212, 15 May 1918, Page 4

THE COURTS.

SUPREME COURT.

CRIMINAL SESSIONS

(Beforo his Honour Mr Justice Herdman.)

The criminal sessions were resumed yesterday. Mr S. d. Raymond, K.C., prosecuted on behalf of tho Crown. CHARGE OF RAPE.

Thomas Henry Field, convicted the previous day on a charge of rape at Lyttelton. was sentenced to five years' imprisonment-; and on the charge of indecent assault (to which he pleaded guilty) a conviction was recorded. His Honour .said that he would bring the prisoner's case under tho notice of tile Minister of Justice, with the view of having liim sent to Invercargill for reformative treatment.

ALLEGED SHEEP STEALING

j Peter MeCallum Hamilton (Mr Alpers) was charged with having, at Culverden, stolen certain sheep, the property of Messrs Mackay Brothers and Earshman. Outlining the case for the Crown, Mr Raymond stated that accuscd's property Woodside, Culverden, was about one milo distant from that of Messrs Mackay Brothers and Earshman, the river Pahau running between the properties. In October, 1917, Mackny Brothers and Earshman missed from tlieir flocks 25 wethers. On January Bth, 1918, Mr T. W. Mackay saw four wethers in tho possession o! accused at the Culverden sale, which Mackay alleged belonged to Messrs Mackay Brothers and Earshman. These four wethers had on them accused's brand, bat the earmark was that of Messrs 'Mackny Brothers and Earshman. Mr Mackay claimed these wetiicr'nit ac-used claimed them as his own, denied that they were tho pronertv of Messrs Mackav Brothers and Earshman. and told Mr Mackay that he would iight tliem for the sheep. Accused further i-tatcd that the sheep had como from the Sounds Six davs later a compulsory muster of accused s flock was made, when it Avas found that-nine wethers liad the earmark of Messrs Mackav Brothers and Eurehmaii; these wethers were bml from an Engh.-h Leicester ram, out of a Corriouale ewe. The compulsory muster showed that :\ccused had 050 ewes, wethers, anj lambs, and accused stated, in respect of tho wethers, that they had all been Ji.rcl.Mcd from W. B. North, Iron, the Sounds, with the exception of 100 which, lie stated, ho had purchased at Waiau. It would be shown that ed on March 15th, 1917, purchased 319 ( •vothers from North, all |> eai ; in S th<> same earmark—an earmark that haci no resemblance either to accused s registered earmark or to Mackay Brother 1 and Earshman's earmark. It weu'd be shown, also, that on March 12th or 13th 1917 —about two days before accused purchased from North—he purchased at Waiau 174 sheep from one Parnham, through Messrs Matson and Co These bore Parnliam's earmark. Accused's explanation regarding the nino wethers claimed by Messrs Mackav Brothers and Earshman was that thev were sheep he had from North: accused had also stated that the sheep he bought from North had different earmarks. Counsel produced to the i'urv and explained the different earmarks involved in the case. Ho suggested that tho jury might view tho nine wethers in dispute, which were at the Christchurch police station. Mr Alpers suggested that as mucti depended on the question of earmarks, it would be best for the jury first to hear cvidcncc on that phase of the case. Evidence was given by J. Alunro, Registrar of Brands, as to the vanons earmarks, and witness produced the remoter containing them. io Alpers he admitted that similar earmarks were registered -m respect of different owners, provided their properties were a considerable distance later stage the Court adjourned to permit the jury to view the nine sheep. . Further evidence was given at considerable length in support of the case for the Crown The case for the prosecution was unfinished when the Court rose till 10 a.m. 'o-day.

1 TIMARU SESSIONS. (rr.nss association telt.gram .) TIMAIIU, May U. In tho Supreme Court to-day, a youth of 19 pleaded guilty to indecently assaulting a girl of seven, and was released on.probation for two years; bo freed on joining tho Expeditionary Force. John Cranston, charged with stealing £3 from the person at Ashburton, was placed on probation for two years, ordered to refund the £3 and pay the costs of tho prosecution. An aged man named Charles Boyes, charged with shooting with intent a Maori named Boko at Morven, was acquitted. Boko and another were drinking m Boyes's hut, and refused to leave. Boyes got a revolver to frighten them aivay, and fired ono shot at the ceiling. Boko hit his arm and caused a second shot, which accidentally hit Boko in the neck. CIVIL SITTINGS. Following is the list of casfes set down for hearing at the civil sittings, commencing next Monday:— 11EMAXETS. (Before a Special Jury of Twelve.) E. Scott and others (Mr Wright) r. Allan Hopkins and others (Mr Loughnan, with him Mr Twyneliani), claim £1(577 for damages. (Before tho Judge alone.) Hugh Cas;-:idy (Mr Raymond, lv.C.) v. Thos. Mcyniham (Mr Park), claim for accounts, otc, Andrew I>. Boag (Mr Beswick) v. AY in. McMilVin and others (Mr Harper), claim to rectify settlement. (Before a Common Jury of Twelve.) Thos. Bolworthy (Mr Gresson) v. Henry. F. Stevens and another (Mr Dougaii), £1040 damages. Henry White (Mr Johnston) v. Michael J. Corrigan, claim £559 4s damages. , (Before the Judge alone.y

Flora Alice Snow (Mr Raymond, K.C.) v. Wm. X. R. Snow and others (Mr Beswick), division of property Christehurch City Council and others (Mr lioughnan) v. William Wyinks and others, removal of charge. George Herbert Batty (Mr Twyneham) v. Wm. A. Hopkins (Mr Gresson), claim £256 2a 6d. International Harvester Co. (Mr Wright) v. It. McKay (Mr Hunter), fllaim £179 14s 3d and interest. Mary E. Mountfort (Mr K.'S. Williams) v. Edmund R. A. Howarth (Mr Beswick), partition of land. John Corbett and others (Mr Wilding) v. George Thomas Jones (Mir Johnspecific performance. Leicester M atson aad t others (Mr Raymond, £•€.) v. Nellie Garrick and others, probate in solemn form. Nattie Woods (Mr Gresson) v. Ambrose R. Harris (Mr Alpers), claim £220 4s 9d. Thcs. J. Halliburton (Mr Wilding) v. John R. H. Archer, accounts, etc. Alfred C. and another (Mr Thomas) v. John McMullan, claim £347 2s Oil. James Payne (Mr Johnston) v. Charles Munro Smith, claim £100 damages and injunction. Walter Daniel (Mr Thomas) v. Celia Carmartin, -to icscind agreement, etc. MAGISTERIAL. (Before Mr T. A. B. Bailev, S.M.) DRUNKENNESS. One first offender for drunkenness was fined os, in default 24 hours' imprisonment.

William Justin Cunningham, stated to be a second offender, was fined 10s, in default 48 hours' imprisonment. Septimus" Field was convicted and discharged for drunkenness, - and fined 40s, in default 14 days' imprisonment, for casting offensive matter on the footpath. MAINTENANCE CASES. Huxley Williams, charged with disobedience of a maintenance order, was sentenced to fourteen days' imprisonment, the issuo of the warrant to be suspended bo long as he pays off the arrears at the rate of os per week, in addition to current maintenance.

William Joshua He&sley was ordered to pay £'2 10s per week towards the support of Ills wife and children. Andrew Dunick, charged with disobedienco of a maintenance order, was sentenced to thre© weeks' imprisonment, the issue of tie warrant to be suspended provided lie pays the current maintenance and 7s Gd per week off the arrears.

On a charge of disobedience of .a maintenance order, Joseph l'oye was sentenced to 14 days' imprisonment failing payment. A cnarge brought by Edna Henrietta Edwards against Arthur Edwards, of disobedience of a maintenance order, was dismissed,**

AN IMPORTANT JUDGMENT,

(PBESS ASSOCIATION TELEGRAM.) GISBORNE, May 14,

Mr Justice Hosking, in a judgment in a civil action dealing with tho riglit of property-lioldors to protect their land against flood, follows the Appeal Court decision, and affirms that land may be embanked against floods provided the river channel is not interfered with, and that flood waters flowing promiscuously over tho country are not to be treated as flowing in any channel for tho purposes of this rule, and that for any injury done to other lands by reasonable embankment for the purpose of warding off such waters, no damages can be recovered by tho sufferers.