THE COURTS.

Press, Volume LIX, Issue 17854, 29 August 1923, Page 7

THE COURTS.

SUPREME COURT. CRIMINAL SESSION. (Before his Honour Mr Justice Reed.) ALLEGED ASSAULT. The hearing of a charge against Herbert Nathan Evans, aged 26 years, of indecently assaulting a boy in Christchurch on June 7th, was continued. During the first trial winch was held last week, the jury failed to agrees Evans, who pleaded not guilty, was defended by Mr W. J. Hunter. The jury, after a retirement of twelve minutes, returned a verdict of not guilty. A HANDWRITING CASE. A charge of forging was preferred against Leonard Mack Newman, taxi-driver. The case arose out of the prosecution of Archibald John Templeman nt Ashburton _ on March 23rd last for having purchased whieky at the Railway Hotel, Rakaia, and taken it into Ashburton, a no-license district, without civing his name and address to the vendor of the whisky at the hotel. Templeman and Newman were together at the hole.. An order was handed to the barman, signed "A. Wilson, Wakanui." Newman, at the prosecutions, swore that the order was sisned by Templemm, who said that it was signed bv Newman. Templeman was convicted and fined £l, nlso £SO for keeping Honor for sale in a no-license district. Mr C. S. Thomas appeared for the ecicu«nd. nnd Mr A. T. Donnelly for the Crown. Mr Donnelly said that the question for the iury was whether the order was in Newman's hsidwritins; or Tcmpleman's. Senior-Sergeant D.Jackson said that Newman was a witness for the Crown when Temptemnn was prosecuted. Newman, in the witness-box, on several occasions denied that ho had signed the order. Walter J. G. Hughes, barman at the hot.?:, said that be thought Templeman was Wilfon, of Wokanui. He did not know who signed the order. Templeman paid £2B for 'the whisky. Newman, as far as witness knew, had nothing to do with the transaction. Templeman said that he wanted the whisky for n wedding. H'.s Honour said that, in view of the last witness's evidence, it was not worth going on with the case. Mr Donnelly said that the police took proceedings ap-ainst Newmai because the Magistrate had ordered that course. The only other witnesses for the Crown were handwriting experts. His Honour said that it was extremely doubtful if any jury would be justified in convicting the accused simply because certain bank clerks said that they believed the or.ler wss signed by him. The jui-y, on his Honour's direction, returned a verdict cf not eniltv. ALLEGED BICYCE THEFT John William Cleary appeared charged with the theft of a bicycle vaiued at £lO, the property of Herbert H. Garland, from the yard oi the Excelsior Hotel on March 3Lst last. A further count of receiving the machine was also preferred against liim. Mr A. T. Lionnelly appealed for the Crown and accused conducted bis own defence. Mr Donnelly stated that on March 31st Garland had left his bicycle in the yard of the Excelsior Hotel. He. had met the accused iu the hotel and hud several drinks j with him. When Garland leit the hotel his bicycle was missing. A few days later, on May 31st to bo exact, the accused had been seen in possession of the bicycle in the yard of the Queen's Hotel. The accused stated that he was, at no time, in possession of the bicycle. JJetective Deidrich, who had arrested him, made an untrue statement when he said he saw the accused wheeling the bicycle out of the yard of the Queen's Hotel. To Mr Donnelly accused said that he had . had two previous convictions. He had picked up a bicycle-pump in the yard of the hotel and had put it in his pocket, but he did not know it was the pump belonging to Garland's bicycle. He did not [ offer Garland £lO to withdraw his accusation. The jury, after a retirement of 12 minute*, relumed a, verdict of not guilty on both counts. IN CHAMBERS. Probate of the wills of the following deceased persons were granted on Monday by Mr Justice Reed:—Thomas Holbrough (Mr P. J. Amodeo), Alexis Harry Victor Anderson (Mr J. R. Cuningham), Annie Midgley (Mr H. H. Hanna), James Arthur Fleming (Mr G. D. Pasooe), John Pearson (Mr J. A. Flesher), Andrew Scott (Mr J. Park), Edwin Waddel (Mr W. G. Aspinnall). Letters of administration were granted as under:—Alexander Hamilton (Mr R. Twyneham), and L. W. Bennett. Probates were granted last week as follows:—John Barry (Mr A. J. Malley), Julie Marie Abbott (Mr J. J- Dougall) Jane Roberts (Mr G. S. Salter),, Lilla Marion Baylis (Mr H. D. Andrews), Elizabeth Packman (Mr M. J. Knubley), Jeanie Louise Rattray (Mr G. W. C. Smithson), Peter Chamberlain (Mr B. L. Lane), Andrma Wells Gibb (Mr J. Wilkinson), Joseph Munmngs (Mr J. A. Flesher), Elixra Maitland Dearsley (Mr Dougall), George Trail (Mr H. U D. van Asch). MAGISTERIAL. TUESDAY. . (Before Mr H. Y. Widdowson, S.M.) • DRUNKENNESS. A first offender was fined 10s, in default 24 hours' imprisonment. Mary McKogney, Bobbing piteously, appeared charged with being found drunk in Cathedral Bi}uare. When the was asked as to how ehe would plead she began to relate a very disconnected story to the Magistrate of how she had just "come out on Saturday, how she had Buffered great pain caused by a cold on the lung, and how finally she "took a drop" to relievo the pain. She was still "going strong," and getting keyed to a higher pitch at each word,.when the Magistrate interrupted her. How do you plead? She gasped, stuttered, and then in a flood of tears she pleaded guilty. She wailed and asked to be sent to Mount Magdak. She was sentenced to three months' imprisonment with hard labour. When she heard the sentence she stared, blinked, and then commenced to scream at' the top of her voice: "I might as well be dead! Let me' go to Ml. Magdala!" She sat on the floor and screamed and kicked, and had to be removed from the Court by half a dozen constables. THEFT. John Dowr.ks Stewart pleaded guilty to a charge of stealing a bicycle, tho property of Benjamin, Ltd., on August 27th. He was remanded until to-day. MAINTENANCE. The case in which Ralph Reese was charged with being £l9 17s (id in arrears on a maintenance order was adjourned for one month. An order was made varying an existing maintenance order against Robt. Geo. Giles to 2s 6d per week, and remitting arrears to date. George Cann, for disobedience in respect of a maintenance order was convicted and | sentenced to one month's impr-sonment in I Timaru, with hard labour, he to be released j on the payment of £5 10s. Charles Kenneth Cotton, for being £8 10s ■ in arrears on a maintenance order, was con- ] victcd and sentenced to one month's irupri- I sonment, to be released on the payment of 3 the arrears. $ Aubrey Clifford Tasker, for being £l7 10s i in oniears of maintenance, was convicted and (i sentenced to one month's imprisonment with 8 hard labour, he to be released on the pay- j £ ment of the arrears, the warrant not to be ,; issued till applied for. a Herbert Mansfield Henry Ford (Mr W. F. g Tracy) applied for a variation of a mainten- J once order in respect of his wife, resident g in Australia (Mr F. C. Raphael). ' g The order was reduced from 30s to 20s per a week. | I THE LIND CASE. § (pbzss asso'.htion telegbam.) I DUNEDIN, August 28. | In the Supreme Court to-day Mr Justice | g Sim heard an application in respsct ti the ! % conviction.of Abraham Alfred Lir.d, who was i A convicted on charges of indecent assau.t, j K and sentenced to seven years' imprisonment, [ 3 Eor leave to reserve the question for the Court j © ji. Appeal, ' as-to whether We evidence ol oue I jjfe 3i tue girls concerned, was admissible in | JSJ ;onnexion with the charges against the tvro g Jther girls. Counsel contended that there j£ vas no similarity in connexion with the cas; . ® >f one girl and those of the other two gins. , ¥ ludgment was reserved. j i