SUPREME COURT.
j CRIMINAL SITTINGS. 3 The Criminal Sessroj.is of tho Supreme J Court were resumed yesterday morning,' His Honour, Mr. Justice Chapman, taking his ! seat at. 10 .o'clock. . ' FORQERY. Adeliiio Lilian May Francis, a young woman, was charged with'on November 19 at . Wellington having forged an acknowledgment of,n receipt of a registered letter, also an acknowledgment ol" tho receipt of £2 sent by a money order. Prisoner' pleaded guilty'. 1 - Mr, Wilford, on behalf of tho prisonor, asked that leniency bo extended. Prisoner had been living with a man named Tiernan. On tho dato in question she went to the post office for letters.. Whilst she was at tho counter sho heard a young woir.an named Tierney ask if there was a money order, telegram there for her. The official replied that it ha,d .not, yet come to hand. Prisoner , thought. tho young woman's nanjo, was Tiernan i.and, 'as she (the prisoner) was .also known as Tiernan, it afterwards ..camo : into her mind that if sho asked for the telegram she could obtain it. Sho returned later and asked for tho telegram. Subsequently, sho signed an acknowledgment of tho receipt of 'tho telegram, also of the stim of £2, tho amount of' tho money order.Ho. (counsel) would suggest that tho Court order the prisoner to come up for sentence when called upon. In "conclusion, Mr. : Wilford mentioned that prisoner had been in prison two months awaiting trial. , The Crown Prosecutor intimated that prisoner was sentenced to 14 days' imprisonment' for larceny in August, 1900, and that - sho had 'also been convicted once of drunkonncs.-. ' His Honour: I agree with a*'good deal of what counsel has 6aid aboiit; the' efficiency, of such ah'order as he has suggested should bn «jnade, but I that it is - applicable in this case. ' \Vithdut 'saying niore I point out'that the'two convictions against prisoner, though not representing' anything very grave,;. coupled with' her mode of lifo, suggest that' tb6 ! beii course'-Would bo to inflict _ a short' term of iniprisonmont, and accordingly 1 sentence her to threo months' imprisonment with; hard labour. ! ;. ■■ ■' ;' UNLAWFUL WOUNDING. , Phyllisi. a , young . woman, was charged with, on January 1,. at Wellington, having wounded Gustav Tamru, with intent to maim .or do him --grievous'.bodily', barm. Prisoner,.who was not represented by counsel, pleaded not guilty; .• Tho following jury was empauolled:—Geo. A. Hurley (foreman), Ernest, Bowster, Francis Ityan, Geo.'"Hi - Chahdlor, Alex. Stevenson, Vivian Clendon,. Frank 11. Panting, Clias". : W\- Coolt, Wm. P. England,. Percy Coker, Geo. Inniss, and Robert S. M'Nair..' ; Dr. Elliott gavo-evidence that lie attended prosecutor, on New Year's Day .at': his ;surgerj.. "'Prosccutor 'had; two • wounds;.on tho : right side of tho neok.Ono.pf ;them \vas an inch long; but: not doep.j'.tho otliei: was' two: inches >.long • and.-about, a. quarter..of an ; iiich" deep. ' The wounds'might hayp. be.cn caused with a razor. - . Gustav Tamm stated that, on'the dato ,in quostion, he was living at a'houso in Drummond Street, occupied by John Trairior. He had,then been living with prisoner'for about' 18 months. 'Ho rtmombered finding. himself at Dr. Elliott's surgery. At the timp tho wounds must bavfe been- inflicted; :Jie • was :very drunk, and could not remember .how or wherpj.he;:receivcd u ,them. Poter - TrainoV,'Vsawniill' liartd,''''Taihape, stated that, on the date' in question, he was stiying at liis brother's- placo >jn Driimmond , Street.;;'jO ; n:;that i occasion , ho .mot prosecutor anil prisoner. Prior to that date htf'Ms riot .acquaintod willv'-either 6f thorn'.;, On the night in quostion witness and his brothor wont out, .returning: at .about 8 Prosecutor and. prisoner wei'o ' in' when. :' they returned, They all had some beer togetlior. About 2 ■o'clock next morning prosecutor and prisoner went' to ..their roou); 'Subsequently, ',in consequence of. his niece, tolling him>,something,., witness, his brother, and his nieco weritjinto - the bedroom .occupied by tho prosecutor arid prisoner. Prisoiibr'had' her..arm round prosecutor's 'neck arid was trying to cut hits' throat. Witness .separated thorn and found that prosecutor had been wounded. He' prisoner put the razor down'her blouse. Witness and his brother washed, the wound, had .a drink or'two;, and .'prosecutor went to have the wounds attended to.: About 3 o'clock; a ■ constable ; arrived on the.scene. Both prosecutor and prisoner wore '-very- drunk, and witness did not think prisoner, knew what she , was doing. Prisoner told the constable that sho - had cut prosecutor's neck,', and would cut his b— —heart out. John Trainor, Drummond Street, gave corroborative ovidoricoi' 1 Cecilia Trainor, daughter, of the previous deposed that she. heard . prosecutor., and prisoner: quarrelling after thoy. went ;to their room.'' Witness-did riot hear what-'was. : being said. She asked" her uncle to go. to. the room. 'He separated. them and left tho;. room. Subsequently, witness saw ' wisoner' with her- arm round prosecutor's neck. ..She, informed' her. uncle, who again n'ent to the rooiri,'/witness and'* her.'father following. When .'they'"saw that prosecutor's neck hadybceii cut, her undo and herself began to search, 1 siul sho found a razor on tho tloor.' Constable Wright gave evidence- that, at 3 o'clock on tho morning in question, prisoner camo to the Mount Cook Police Station 'and.'Complained that 1 t;he had ' boon boatou by I'ctor Trainor. Iler nose was bleeding, but she lvus not very drunk. When witness and prisoner reached the. house prisoner accused; Poter Trainor of beating hor. Trainor-replied that all ho had dorio:was to separator prisoner- arid prosecutor and so prevent'nirthor wounding being done. Prisoner .admitted to him that slio had cut prosecutor's nock, adding that sho was sorry sho had not out his head oil and made a -clean, job'o[ it,, also that sho ought to havo gougod his-heart'out. , Acoused mado' a, statement .to tho effect that, when sho was standing in tho bedroom alongside tho niahlolpieco, talking to prosecutor, who was sitting on tho bod,. Poter Trainor camo in and. alter beating her about tho face, knockod hciv down. • Tro,soon tor, who said that sho dosorved.all she got, then : beat her also. Subsequently, tho others ' rushed-into, the room,, and flvefy. ono of thorn was against her. The wholri troublo had boon occasioned through I'ctor Trainor coming into tho room and striking her. When sho reached tho police station. her > eyes were' so swollen that sho could hardly mo' out of them. . ■. , ' His Honour summed up briefly. ' ■ The jury, who retired at 11.40, returnod at 11.65, with a'verdict'-of guilty on the minor count of unlawful wounding. ' The foreman of the jury intimated that it was tho unanimous wish of the jury, that mercy should ho extended to prisoner in view of the general condition of muddle through drink of tho whole party with tho exception of Miss. Trainor. In the opinion of tho jury: tho act was .an act ,of the moment," and not 1 an act. which had boon premeditated. Tho evidence'. tendered by Peter Trainor ' and John Trainor was, in their opinion; absolutely linreliablo.,, ' His Honour: I shall tako until to-morrow 1 to consider what sentonco should bo imposed. 1 .Tho prisoner was romanddd,' until -this ' morning.. - i ALLEGED INDECENT- ASSAULT. ' 1 Edward Winter, n middle-aged-man, was i cliai'jjed with having,' oil January .17, int 'Wullington, committed an offence ligainst a little girl. Mr. Wilford appeared on-behnlf' of (he :prisoner, who pleaded. : not guilty. 1 The ease was heard with closed doors, and ' His Honour made an order forbidding the I publication'of the evidonce. ' Tho following jury, was empariolled-:— Geo. Inniss (foreman), Jas. Griffiths ' Percy Coker, Geo. H. Chandler, Thou. Orchard, Ivan b! Hooper, Vivian Clendon, Bornard C. Cain, i Henry Monk, l#nj, W. Wade, Wni, P. Eng- * lajid, Fredk. H. Irwlii. ' , ' ' ' , t The jury, which retired at 3.40, returned I
at 3.47, with a'verdict of iiot guilty, and the prisoner was discharged. The Court then adjourned until 10 o'clock this morning. . , IN BANCO! • POWERS OF A CONSTABLE. 1 A sitting of'the Supreme' Court in Banco > was held yesterday morning, Mr. Justico i Cooper presiding. John Bilby • Turner, police constable, appealed against the judgment'of Mr.-AV; G. Riddoll, S.M., who- had-convicted, him'/ on . September 23, 1907, of. assaulting Robert William Paterson. ''' ■■ " .' • The Magistrate, in his statement of the case, said that the following facta were proved 1 upon the hearing:—Tliat the-informant used * the following' words to' : the .'defendant: "You were funny on account of . having .police clothes on. ... You are a, common .policeman gotting ( your ,7a., a'.day.;., You. ought' to' go and shovo your own mother along tho street." These words wero used on the footpath' in Manners Street; being ia public'place within : i the meaning of the Police' Otlonces Act, 1884, , within the hearing, of . pasaors-by with intent to provoke,a breach of . the peace. Tho Magistrato had held that, tlie words used were in-' ' suiting, and such ,' as might provoke a breach, of ' the peace - but 'net 1 of such a serious nature'as to'justify the defendant in . arresting Paterson without a warrant. Tho Magistrate further held that there was no authority in tho Police Olfences. 'Act, 1884, to warrant the arrest; and that tho constable: was,':therofore, guilty of an assault.,,- The question for .the Supreme; Court, was whether, the Magistrate's ,decis-,' ion was erroneous in point of 1aw...." Mr. Herdman appeared, for appellant and Mr. Skerrett, K.C.; with him Mr.:. Fitzgibbon, for thc : respondent. at considerable length, asi to whether a police constable. .was r acting within his.rights unarresting a, person under .the circumstances named, it ;boing admitted on either side. that?, Paterson was . convicted of , 'using; the language quoted, with intent to commit ia.breach of the peace,.and that his namo and address wcro., known *to the constable. ' . ... ; ' ' ;] ■ ' His.Honour annqunced that;ho.would take time to consider his judgment. ,;/ y. . : ' A MASTERTON CASE. James SiddallA and .! applied for a' writ, of. attachni.ent against Charles Pownall, barrister and solicitor, Ma'sterton, for alleged disobedience, of .an order, of .the Court requiring him to file" accounts as to tho real Estate ■of Mary,, Ann) ; Siddall, 1 of -;Whangarei, deceased,..of . whose estate defendant is the executor. ..',... , ; Mr,. Stout'appeared on bobtilf of. tho plaintiffs, and Mr. Pownall appeared on his own behalf; . . v.: - ;;; Tho defendant, had filed, accounts of all moneys received;in,connection,with'tho estate and a, statement of all. receipts; and expenditure. .What, plaintiffs required, in 'addition, was an account showing tho value of the real estate with the encumbrancos upon'it. . Mr. . Pownall. stated;;, inter alia, that. • heagreed..to act as exeoutorin the estate at the request of a medical .man ,when deceased was in a morhund.condition, and that, ho expected to be.able.to wind,up\overytliing with-: in a month,, whereas five years .had elapsed, and matters had not yet bc-en finally settled., His Honour:.lt is my opinion that a,solicitor should not agree to act'either as an oxccutor or a trustee. You know, a man mav bo all excellent lawyer but ; not;at nil a good accountant... .. .: Mr.; r Pownall: I would willingly' forego comotc:; to get matters /fixed up. ..; Mr; Stout.: It' is'.a whether voti oould.;.claim : commission.'- •" / .His Honour: That in one. of tho- burdens which an executor'takes'upon, himself;. v-'.',. Upon argument; being.. >complotod ( .Hjs Hoiioiiri' heariiig- for fourteen; days ;in, order to onablo .defendant to, obtain and: supply 'tho.r requisite; :t ■
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/DOM19080206.2.12.1
Bibliographic details
Dominion, Volume 1, Issue 114, 6 February 1908, Page 4
Word Count
1,829SUPREME COURT. Dominion, Volume 1, Issue 114, 6 February 1908, Page 4
Using This Item
Stuff Ltd is the copyright owner for the Dominion. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.