SUPREME COURT.

Dominion, Volume 1, Issue 49, 21 November 1907, Page 5

SUPREME COURT.

CRIMINAL SITTINGS. Tho Court, resumed its sittings yesterday morning. His Honour Mr. Justice Cooper taking his seat at 10.30 o'clock; FORGERY, UTTERING, AND FALSE ' . PRETENCES. : SENTENCE DEFERRED. . Frederick Nicolaus, a young man, was charged (1). with having, on August 3, forged and uttered a cheque for £8 4s. 6d., purporting .to have been signod by one " H. A. Ballinger"; (2) with having obtained by false pretpnees from Lancelot George one shirt and the sum of £7 IDs. 9d. in money; and (3) with, on August's, having forged and uttered a:cheque for £17 7s. Bd., purporting to have been signed by one "H. Boltenl" '..Prisoner, who was undefended, pleaded "Not guilty.". ■ The following jury was ompanelledC. H. Osmond (foreman), A. D. Kennedy, • J. Stewart,'A. Patterson, S. J. Watford, J. H. Musson, N. G. Binnic, A. H. .AVaugh, T. Acocks, E. Trilford, J. Taylor, and J. Kircher. ' ' The Crown Prosecutor briefly outlined the facts of .the case. ' • Lancelot Georgo deposed that prisoner told him that the maker of the cheque was,a relation'of the Ballinger family, and'that lie was, the payee, " A. Krause." The cheque had. not been paid; ' Detective Lewis deposed that, when interrogated; prisoner at first said that he had no recollection of having cashed the cheque at Georgo and George's; but subsequently stated that lie thought there would have been funds at the bank to meet the cheque, as a man, whose name he would not mention, had promised to pay in an amount to his credit. Prisoner denied having attempted to deal with the cheque signed " H. Bolton." ! James H. Mentiply, accountant at the Bank of New Zealand, gave evidence that prisoner opened an account/in the name " H. A. 'Ballinger," and Alex. Forrest, lodger keeper/ stated that prisoner presented the cheque signed " H. Bolton," with instructions thati it "should be placed to his credit. I Evidancc was also given by Joseph Ballinger; Arthur M. Pilcher, and Herbert AVyntt. Prisoner did not give evidence, neither did 1)0 address tho jury. : His Honour briefly summed up. / The jury; which retired at 11.45, returned at '12.30 .with a verdict of "Guilty" on the first' two counts. ' His Honour remanded prisoner until this morning. I. ]' INDECENT ASSAULT. :. SENTENCE OF THREE YEARS. Robert Humphries, an elderly man, was charged with, on July 2, 1906, having indecently assaulted a girl six years of age at Hataitai-. -Prisonor, who was undefended, pleaded "Not guilty." 'The following jury was ompanelledll. A. Hurrell (foreman), J. It. Home, F. AVallis, T. Carrie, W. S. Inman, A. G. Rough, W. E. A\'oods, G. Duncan, C. E. Fordham, J. IlolliSj .J. Wood, and T. M. Poters. Tlio Crown Prosecutor outlined the fact 3. ■ Evidence was given by the victim of the assault, her mother, sister, and brother, also by Constable Curtin. Tile latter stated that prisoner, whom ho arrested at Dannovirko, asserted that his name was "Hall," and that he bad never been in Wellington. His Honour, in summing up, said that tho prisoner was a bottle-gatherer, and that tho offence was committed about eighteen months ;\go. The little girl's statement was corroborated to some extent by her sister and brother. Prisoner had asserted that the

charge was prompted by prejudice and illwill on the part of tlio mother of the child, but it would appear that she had always treated him kindly.' The jury, who did not retire, found prisoner ".Guilty." In answer to the usual question,, prisoner .intimated that ho had nothing to say. His Honour: Your face seems familiar to mo. Haven't you been before me before? Prisoner: Yes; once. His Honour: You were 'convicted at Palmorston North for arson, and sentenced to two years' imprisonment. I can't let you go at large. Prisoner: I' want you to deal leniently with me. lam 63 years of age. His Honour: The unnatural ,habit which it has been shown you possess is as much your misfortune as anything else. I must take steps to prevent you from interfering with young girls. ] wish it were in my power to have you detained until you show that you are fit to bo at large again. 1 can't do that, because the number of convictions against you is too small. You will, be. sentenced to three years' imprisonment with

hard labour. In prison you will bo properly cared for, and you will not have an opportunity of committing the boastly offenco of which you have been convicted. ALLEGED FORGERY, UTTERING, AND FALSE PRETENCES. ■Emily Hyland, a servant girl, was charged with, on October 25, having stolen a cheque form, the property of Dora Cotter j with having received the same knowing it to have been dishonestly obtained; with having forged and uttered a cheque for £2 10s., purporting to have been signed by Dora Cotter; and .with having obtained from Blanche Hugo an underskirt and '£2 2s. Id., the property of John T. Millington. Mr. Weston appeared for the prisoner, who pleaded ."Not guilty."' Tlio following jury was ompanelled:—C. H. Osmond (foreman), E. Trilford, G. T. Stutter, J. Bradbury, S. ICirby, J. Kircher, A. G. Rough, S. J. Watford, J. Stewart, L. Booth, .E., Mason, .and J. Mockridgo. Dora Cotter, Ingestro jstreet, deposed that prisoner was at one time in service at her place under the name of Cogan. The cheque form produced had been taken out of her book. A girl named Reatham had also been in her employ. Detective Andrews said that when ho interrogated prisoner she stated that she had never seon the cheque in her life. Maud Reatham, having been duly warned, gave evidence that she stolo the cliequo form, but did not fill it in. Prisoner asked her for a shilling, and she gave the cheque form to her. She did not receive a portion of tho proceeds. Witness declined to answer questions put in cross-examination. Blanche Hugo and Leonard S. Thompson also gave evidence. Mr. Weston outlined the case for the defence.

Prisoner, on ' oath, stated that tho girl Reatham handed her the cheque and asked her to buy- a skirt. As Reatham did not like tho colour of tho garment, she made her a present of it. Cross-examined, prisoner admitted that she had recently been before the Court on another charge, but she declined to answer further questions. Counsel addressed the jury, and His Honour summed up briefly. Tho jury, who retired at 3.50, returned at 4.25 with a verdict of "Not guilty," and the prisoner was discharged. • The Court then adjourned until ten o'clock this morning.