THE COURTS.

Press, Volume LV, Issue 16522, 14 May 1919, Page 4

THE COURTS.

SUPBE3IE COURT. CRIiIIXAL SITTINGS. H;o ct-itninal eiUiasra of the Supraa:o Court Tvcro continued yesterday Lcforg ljij Honour Air Justico HcrtJman. . THEFT. Alma (jWitsJl, who was found guilty of th© theft of a sum of money the property of Alfred Jas. Klien, was brought up for sentence His Honour regretted that h? could not accede to the jury's suggestion that mercy should he accorded to the accused, as she had three previous convictions for theft. He could sentence accused to twelve months' reformative detention.

Edward Cornelius Sullivan appeared for sentence on charges of having' stolen a cash box, and several cycles, ho having pleaded guilty to tho charje3 in the lower Court. Mr Cuninghara, counsel for the prisoner, said he was u married man, 26 yoars of age, .vith four children. He had had serious domestic trouble, and on "April Bth his wife had obtained a maintenance order againat hi:ti. Accused had committed the thefts v.-ithin a period of two days. Counsel asked that accus«d should bo leniently dealt with. Mr Raymond, K.C., Crown Prosecutor, said that accused' 3 previous character had been good. ,

His Honour said he could not admit accuscd to probation. sentence of six months' imprisonment with hard labour would be imposed.

ALLEGED THEFT. Harris Thomas Hunter pleaded not guilty to iv cnarge of the theft tu (Jhristchurca on January '-JJth. of a postal packet, containing l a chequo for £11 is, drawn by Xempleton Bios., in favour of "'x'. Dunn."

Mr A. C. Hanlon, of Dunedin, appeared for accused.

Tho Jact3 were that aocused, who was a po3ttl otiiciul, was alleged to have taken, the ck'.quo from a letter in the Eoat Office, and casncd it at the Farmers' Co-op., buying a pair ox gaberdine trousers and pocketing the He denied all knowledge of tho theft.

A k'oo'l d«al of ovidence was heard from the Lio-.rn, tho chiei witness being Douglas J. Burgess, salesman, at the Co-op., who believed accused was the man who cashed th 3 cheque, but who would not positively a wear to the fact, and Fredk. R. Dunsford, a handwriting expert, who dealt with the endorsement on the back of the stolen iheque. Kor the defence, Mr Hanlon. said that the prime question to which the jury had to diiect its attention was whether it had been proved beyond all reasonable doubt that the accused was the person who had cashed the chcque, and bought tho goods at the -New Zealand Farmers' Co-op. Association. If tne accused wa3 the man, tho probability was that ho was the man who stole tho cheque, but he submitted that tho evidence of aur<ress as to identification was very far from conclusive, and. he had also refused to positivolv nwcar to tlio accused's identity. Counsol dealt with the evidence of Dunsford as handwriting expert, and insisted that tho fabric erected on the foundation of only eigttt gin trie letters written by accused must be iewarded with the most extreme caution. After his Honour's summing up the jury, i after a chort retirement, returned a verdict of not guilty, and Hunter was acquitted. This concluded the criminal sessions.

CIVIL SITTINGS The civil sittings of tho Supreme Court open on Monday next, at H ■•®-. hefo r ° ]"» Honour Mr Justice Herdman. I olio wing aro tho cases set down for trial: (Before & Jury of .Twelve). "Su.«an Smith (Mr Johnston) v. Geo Loffhagen (Mr Raymond), £1000, alleged breach ° f p P ublTc lSe Tru3tee (Mr Alpers) r. Nationa! Mutual Life Association of Australia, Lid. (Mr Greason), £500, alleged amount of policy Gresson) v. Dalgety and Co. and others (Mr Wright), £501, alleged breach ° f Alfey 5 olr 'g reason) v. Hopkins (Mr Fryer), X 2900, alleged damages. . Murray (Mr Raymond) v. Hopkins, £o& «« 3d alleged breach of contract and damages. (Before a Jury of Four.) Ada L. Kent (Mr Johnston) v. Ward ell (Mr Alters), .-6200, alleged damages. International Harvester Co. of New Zealand, Ltd. (Mr Wright! v. McGrowther (Mr Alpeiß), £229 14s 7d, alleged breach, of agreement. tlvo Judge Alone). Fo'itou (Mr Donnelly) v. Aldington Iron Rolling Mills, Ltd. (Mr Wilding), £000, alleged damage 3. . . , r Laing and others <Mr Alpers) v. Laing (Mr Raymond), for accounts. Roberts (Mr Beswick) v. A. W. Buxton, Ltd- (Mr Gresson), £1750, alleged damages. Atyeo (Mr Wright) v. H.M. the King (Mr Raymond), petition for possession of land. Mutu iMr Twyneharfl) v. Michel (Mr Papprill!, recession of instrument. Lake (Mr Gresson) v. Lake (% Alpers), removal of trustee and appointment of new '"jolly" (Mr Alpers) v. Jolly and another (Mr Raymond), possession of land and rent. Craw (Mr Fitzherbert) r. Jorden (Mr Meares), recession of contract. Robinson (Mr Cuningham) v. Grant, good* alleged sold and delivered, £295 19a. Id. Jackson (Mr Donnelly) v. Addington Iron Rolling - Mills. Ltd. (Mr Wilding), —300, «1SUvenson S (Mr Wright) v. H.M. the King, £105, for services alleged to have been rende jackson (Mr Nicbolls) v. Cook (Mr Wildine), £303 and interest. Enderbv and others (Mr Begwick) v. Simes, £403 03 id and interest.

MAGISTERIAL. (Before Mr S. E. McCarthy, S.M.) DRUNKENNESS. Ernest Bedwell was convicted of drunkenness, and fined 203,. in default seven- days imprisonment. Daniel Bourke was convicted of drunkenness, and sentenced to one month a imprisonment. VAGRANCY. Joseph Mcllroy was convicted on a charge of being ft roguo and vagabond, and sentenced to six months' imprisonment. • ILLEGALLY ON PREMISES. For being found illegally on licensed premises, Patrick Brosnahan, was fined 20b, in default seven days' imprisonment, and John Kemp or Kent 40a. For being illegally on premises Jas. Moorhead, Ed. Noonan J. Smith, and Percy Smith were each fined 20s, in default seven days' imprisonment. THEFT. . Lilian A. Jago pleaded guilty to the theft of u ims valued at 37s 6d, at Christ church on Fcbruiry 25th, the property of Mary Walshaw. Accused was convicted, and oraereu to come up for centence when called on the understanding that alio remained in the Salvatidl Army Home for twelve months. MAINTENANCE. _ ' Anne R. Read prooeeded against J. Read for maintenance. An order for payment of 10s per week was made. For disobedience of his maintenance order Leonard L. Grant was convicted, sentenced to two months' imprisonment, and a warrant was issued for the arre»t of Thomas G. A® 10 "- , , • i u Emma Anderson proceeded against her husband, Wm. Anderson, for disobedience of n- niain'-onance order. Defendant was sentented to six months' imprisonment. Christopher L. Flanagan was convict-ed and sentenced" to three months' imprisonment for ilio disobedience of a maintenance order, no warrant to be issued provided ho paid 03 per week off the arrears, and 5s per week under the order. .Elizabeth' L. Bull proceeded against her husband, Arthur Bull, for separation, maintenance, and guardianship of the four childdren, on the grounds of drunkenness and cruelty. The application waa granted, and maintenance fixed at £2 per week. Leonard L. Grant was adjudzed the putative father of an unborn illegitimate child, and ordered to find security, aslf in £200. ar.d one other security of £200, or two of £ICO. Henry Smith was ordered to pay maintenance to his wife, Edith E. Smith, at the rate of 32s fid a week. Separation and guardianship orders were also granted. "Myra Brogan was grants:', an order tor maintenance —at the rate of 3.is per week — separation, and guardianship from her hu»liand, Louis Brogan, on the ground of habitual drunkenness. WELLINGTON SESSIONS. (press association telegram.) WELLINGTON, May in the Supreme Court, Reginald Joseph flevonshire, a clerk employed by the Bank cf Australasia at Masterton, pleaded guilty • the theft of sums aggregating £745, th© pruj>erty of the Bank, and w«» remanded till Saturday for sentence. Wm. Bannerman Rogers, - found guilty of indecent assault on a girl 6i years .of age, was aleo remanded till Saturday for sentence.