LAW REPORTS.

Dominion, Volume 1, Issue 53, 26 November 1907, Page 7

LAW REPORTS.

SUPREME COURT. . CRIMINAL SITTINGS. The Court resumed its sittings yesterday morning, His Honour, Mr. Justice Cooper, . taking his seat at 10.30 o'clock. ASSAULT AND IIOBBERY. I SENTENCE OF THREE YEARS. William Joseph Lowe and John Cornelius . Robinson, who were, on Saturday, found guilty of having assaulted and robbed a young man named Nofi'ko at Feilding, were ; set forward. • Lowe- asked His Honour to be as lenient as possible with him, seeing that he was ' the sole support of a wife and four children. Since he had come out of gaol he bad, ho said, endeavoured to be straight. For ten montlis ho had not touched drink. Oil the night in question, lie was intoxicated. Ho ■ had no recollection of having committed the crime of which ho had been convicted. Robinson asked His Honour if he placed any reliance on the reporters. His Honour: Well, what do you want to say? Robinson: The newspaper reports show that there was no evidence against me. • His Honour: I can't hear anything with reference to that. You have , been found guilty by tho jury., , Lowe: t I would like Sergeant Bowden to give --evidence as to the' character I' have borne since lie has known me. Robinson: If Lowe likes. to admit it lie must say that I know nothing about the crime. I didn't tell him that Noffke had money or anything of the sort. • Sergeant Bowden deposed that he. had known Lowe for sixteen months, during which time ho had worked regularly and kept steady except on two occasions." On the first occasion, ho (witness) had assisted Lowe's friends to get a prohibition order granted against him. On the date of tho occnrrenco Lowe was a prohibited person. His Honour: The offence of which both have been committed is a serious oiie. Two years ago you wore jointly convicted of a similar offence. I have no doubt myself that liquor had, a good deal to do with it, hut the public has to be protected, even against the violence of drunken men. Whilst both of you were to some extent under tho influence of liquor, you were not'so drunk as not to know what you were, about,.' ; It is qujte clear that a considerable 1 apiount of violence, Svas used towards Noffke, arid that.you, Robinson, were undoubtedly privyVto the offence. It is all very well for you to say that Lowo cnuld have exonerated you. Neither of you offered to give evidence on your own behalf. Now you say that if you had gone into tho witness box you could have given tho jury an account of'what, you did oil the night in question, with the result that the verdict might have been different. Ill' my opinion tho, verdict of the jury was a proper one. The leniency which was extended to you two years ago has not been effective. Oil that, occasion 'you were sentenced to twelvo ■ months' imprisonment, which was a light sentence.' I cannot extend tho same leniency to you on this occasion. Lowo lias also been convicted for minor offences for .which drink was probably responsible. I shall sentence each of you to three years' imprisonment with hard labour. Robbery with violence must be put (loWll. •Thaiprisoners: Thank you,''your'flonriuiv: ALLEGE]) ATTEMPTED MURDER.', ' . James M'Allion was charged' ivitli,. oil October 10, having attempted to murder oiie 1 nomas Japkson Smith. A second count alleged that prisoner discharged at Smith a, loaded rovolvor, with intent to maim or do him grievous bodily harm, and a third count alleged that prisoner assaulted Smith: • Prisoner; who was defended by Mr. T. M. Wilford,- pleaded "Not guilty.''"'" l '""'' ■' Tho following i jury was empanelled :—Jolm Perry, (foreman); Jas. 13. Hislop, Jno. Charles,-Win: E. Nicnolls,-Ilenrv I'latt, Jas. Brown, ■ Jho.'-D. "Ta'ylor, Wm. 'Muir, Hans' Anderson, Ed. Slotlery, Tlios. A. Kadcliff, and Wm. Thacker. Mr. Myers briefly .outlined tho caso for tlio Crown. ' ; . ■ The prosecutor gave evidence that on tho date in question tie was residing at No. 3 Wingtield Street. Between 9.50 and 10 p.m. he went home with one Morse, who boarded at his place. Witness went outside shortly afterwards, and found two men at tho gato. Prisoner was one, and the' other was named l'arkhouse. He asked them to go away, , but they wanted to argue the point. Prisoner asked him if ho owned tlio place, and he replied in tlio affirmative! Wheii witness, left to go inside, prisoner drew a revolver, and,'fired. . The was fired in his direction,,but fell short. : Prisoner fired again just as witness reached the door, which was opened by Morse. Shortly afterwards, someono knocked at the door, and two more shots were fired. Morse and ho went out the. back way to inform the policc. As they were on the way they heard two more shots. When they returned with the police the two men were standing along the street.- Witness saw a revolver taken from ■ prisoner. Detective Brobcrg found some pieces of.lead in the lock. Cross-examined, prosecutor stated that whilo lie lived in Winglield Street he earned on an average about 265. per week. The rent was 255. per week. Sailors had not congregated at the house in question. As far as ho knew,-prisoner.-was .not in the house that afternoon nor the night before. When tlio first shot was fired - lie was not .'moro than a yard and a- half away. . - The first shot struck the ground in front of him; and tho ■ second passed. him at the heigljt. of about three teet. Prisoner appeared to bo sober at the time. V. Benjamin Morse, labourer, gave, corroborative evidence; Cross-examined, witness stated that to his knowlodgo' no otlier woman than- Sirs: Smith lived on the premises. Several ladies had visited the Smiths. Ho did not know one named Miss Florcnco. Detective Broborg deposed that he found a bullet mark on tho door frame, and several small pieces of load in the lock. Rachel Smith, wife of tho prosecutor, doposed that, about ten minutes before the shooting took place, a man knocked at tlio door whilst another stood- not far away. Cross-examined, witness stated that slio did not! know a woman named "Cissy" or "Cassy." . Prisoner was a' stranger' to her. He was not at her place that afternoon nor on the .previous night. • Geo. Alex. Packhouso. labouror, gave evidence that ho. was; with -prisoner- on' ~, the night in question. • Ho was drunk. : They went to a house in Wingfield Street. Witness knocked at the , door and prisoner stood, a little way off. Cross-examined, witness, stated that a revolver was fired. He did not see the first shot fired, but when he hear the report ho looked round and saw tho second shot being fired at tho ground. Ho bad heard that tho place was a brothel. ... Rp-oxamined, witness said that ho-was so drunk that ho did not'know whether a man or a ivoman opened the door. Constable Gallagher stated thas, lie and Constablo Stephens interrogated the men after tho occurrence. They offered no objection to boing searched. Prisoner said : "It is of no use searching me. I have no revolver." When witness went to; feel his hip pocket prisoner tried to prevent him. 'Witness took tho revolver out of that'pocket and prisoner said: "Now you have got'it you can't prove that I fired it. Can't a man carry a revolver if,lie likes?" Tho revolver appeared to have been fired- off not long before. It had been loaded in five chamberst-hreo had been, discharged. Oil tho way to tho station prisoner said: "You cow. You have got no case. You didn't seo mo firo tho shots. You can't prove I fired them." Subsequently, witness found a bullet in the door. • ; Constable Stephens gave, corroborative evidence. Inter alia, bo stated that lie beared two shots fired and hurried to tho locality. He met prisoner and-l'arkhouse, who said they had also hoard the shots, and indicated ' where, in their opinion, the revolver bad been discharged. When he came back ho saw I prisoner remove ' something from his .waist- I coat pocket, and put it in his' hip pocket, i Subsequently, he made investigations, with 1

Constable Gallagher. < -Ho ilind isnenf nothing to indicate that-Smith's'house' wasV brothel. Cross-examined,.witness.,,stated that prisoner had asserted- that- it '-was. j Sydney J. .Tisdnll,.- gunsmith, also gavo evidence, in the course Af which lie stated; that the bullets; ill ■ the revolver; had' been reduced in size in order thein' tfl fit,' 11 ~ .at ' lal ' mis-fired, i ; Jh'B closed '-he ease for the prosecution. •' ~ ' r - "dford;briefly : outh'ued>''the'rase for' , the defence. Prisoner would, he said, ad-' mit having Tied three shots, but not with; tho intention of-, injuring;]-tjie profec.utor.' Counsel .stil>nnit.t<;fJ that prisoner should have been charged only with unlawfully discharging firearms. . ,<• Prisoner, oii' oath, stated that on tho evening previous to the date ip question he met Mrs. Smith at her gate and "she ing vited him in. Noxt aftorhoriii,'''hc' went to j the house again, and she. said he could bring' bis mate in tho evening. When Sm.it!> told e ,! m to 8° away lie ■ (prisoner)'fired-a r shot direction of tile,door..just'to-frighten" Smitji.: t w. on t.in,side, he fired,two .more .shots.,in tho a direction of the door just -to, frigtben Smith. Cross-examined, prisoner stated'that lie 0 took tlie revolver from a young hiaii:'whowas drunk on the wharf, andiwould probably o "' lvo done damage, with it.;- .He 4iad- note seon tho young man again to give it.to him-' 0 Ho had- never',"fired a' reVrilVe'r" ''previously. Smith, Parkhdiise, --and" he' wore' 'all' Under 1 the influence-of' liquor. cAt th&i ■ time;-: lie ■: did not realise, ho-was.-.-dojng. r- On-, tho l ' 0 ?ay ?f the occurrence,, lio. put,-the..revolver-in his pocket "because he'had 'promised'to' j, give it to a'-'friend, w-hoj however, did hot turn up. He 'did not tell the eonstablo■ that> he .had a revolver-,on-him because, he thought l ] it would not ljip found.. ....... ; ' Counsel addressed the jury, and His Hoii-j , our summed'up* briefly. :- ,r ---'T B , The jury, "'which'.retired at *3:5,-returned'at! 3.30, .with .a v'elrdi.et of "Guilty" oil the,thirde count. -, . ... ..... . , : 3 His Honour' remanded' prisoner -until, tip's! j morning. '• | , 7 f ,„vi: : [ ' PRISONER"! . i s Waha Wakil Peper'g,'. a,ijad^^was'.",charged 1 with, on Octqhfir 2-lj hjiying, 0 committed an;.pffencp; agai.qst' : ';V, girl'iigedfifteen years..?" There' \\verp minor 1 counts.. " .r.,,,; 7 ",*vir.\ i who i Wilford, nleaitjed,, ( ' t Tho fol|owijig-' jury .wis" ijcijipanelleil 3 Joseph ltotit'.,',E.- Spirilis, i 3 Edward GambJc, ~^!!U.,ira,#rspii, v . f Jas;/W : . ; - f Stewart, V., Q, pQok, ;snifigt ..p^.^Gambje,', 3 Frank Henry -Taylor, r 'Curos|./^«jmr' i Lamberg, J. H'j-Broedqh," ani P..<lS." J Cairnsi J .:. r .."Mr. Myers briefly,^qutlinic^.-."tii^.ca^as,,for 3 tho Crown, 1 :•!,~r,-,-; - j: - .. Evidence in . support ,pf ; „ the chargo' .was . given by prosecutrix,: her...m6tKeq^])r..,-HHth- > waite, Detective; „ B,r,obfirg, .' i McAnerin. ' v,' : Mr. Wilford, ( who did not. .call; evidence,' ) addressed the "'jury. T His Honour,'"in siimmingpup,- directed .the i jury that it would not be justified: in finding i prisoner guilty of l tho'-major.'charije.:, i Tho. jury, which- retircdiat, 5.40y 'returned; • at 5.50. with .'Js.'verdict 'ofc 'fGrdlty!? on;. l the.i i count alleging:"iml?ctent.; assaiiltvr:'''-? ft: > His Honour, who*-considered 'tho- verdict > a proper one, i-re'mandod tlie .-prisoner-!until • this morning;'v'"-":-.! -i-siC