SUPREME COURT.

Dominion, Volume 1, Issue 224, 15 June 1908, Page 3

SUPREME COURT.

CRIMINAL SITTING. PRISONERS SENTENCED. Mr. Justice Chapman held a sitting of tho Supremo Court in its criminal jurisdiction on Saturday morning. ASSAULT ON A BARMAN. Frank Evans, a well-dressed young man, who lmd pleaded guilty in tho Lower Court at Wellington to having committed an assault on the barman at tho Occidental Hotel causing actual bodily harm, was sot forward. Mr. Bunny, who appeared on behalf of tho prisoner, said that his client was in his present position as a result of a drunken spree. Ho would not have thrown a jug at the, barman if he had been in his sober senses. It could not bo denied that tho consequences might havo been serious. On a previous occasion ho had been sentenced to one month's imprisonment for obsceno language. As ho had already been in gaol for three wcoks over tlio present charge, ho (counsel) would ask that that should be deemed sufficient punishment. His Honour: I understand that there was some danger to life as a result of prisoner's act. Mr. Bunny: Not now. His Honour: This is a case of a man who chooses to get drunk when he knows that ho can't restrain himself. It was owing to drink that prisoner got into trouble on the previous occasion. That tendency must bo checked. I shall inflict a light sentenco in tho hopo that this will bo tho. last timo tho prisoner will find his way into Court. A sentence of four months' imprisonment will bo imposed. THEFT OF HORSES. Richard Patrick Ham, a middle-aged man, who had in tho Lower Court admitted having stolen two horses at Pahiatua, was presented for sentence. Mr. Bunny stated that prisoner, who was forty-two years of age, had resided in the Dominion twelvo years. This was his first offence, excopting that ho had on ono occasion been fined for drunkenness and obsceno language. Prisoner had been staying at an hotel for a week prior to the commission of tho offence, which was tho result of drink. If possiblo tho benefits of the Probation Act might be extended to prisoner, who bore the reputation of being a hard-working man. His Honour: If I had tho power to do so I would sentence the prisoner to six months'imprisonment for drunkenness. As I. can't do that, I shall sentenco him to the term for tho consequences. Prisoner had two days to think over the matter, and if he had not meant to steal tho animals he could easily have returned them. Prisoner was, therefore ordered to-be imprisoned for six months, and £5 19s. found on him at the timo of his arrest was ordered to be restored to its rightful owner. FORGERY AND UTTERING. Michael M'Grath, a young man, who had pleaded guilty in tho Magistrate's Court at Wellington to a charge of having forged a cheque for £4 and uttered tho same to A. V. Lodder, licensee of the City Bullet Hotel, was then placed, in tho dock., Mr. Kirkcaldie pointed out that prisoner had saved trouble by admitting the offence. The offenco had been committed during a drinking bout. On a previous occasion prisoner had boon fined 20s. and costs for stealing a pair of boots of which he was in need at Shannon. Counsel asked tho Court to take into consideration tho fact that prisoner had been in gaol three weeks already. Ho had been instructed to ask. that, if possible, prisoner should bo ordered to corao up for sentenco when called upon. The Crown Prosecutor intimated that prisoner had seut in bogus orders to a firm which had employed him as a book canvasser.

His Honour said that cases of forgery were becoming very common in this district. Men go drinking about public houses and thore seems to be a tendency to impose on people in this way. If the offence were to drink that was 110 reason for allowing prisoner to get his liborty. Prisoner would bo sentenced to three months' imprisonment with hard labour. THEFT FROM AN HOTEL. Fred Thomas Dart and Martin Petersen, who had stolen a number of articles of clothing and jowollerv from a portmanteau in an hotel at Dannevirko, wero also sentenced. Mr. Wilford, who appeared on behalf of Petersen, asked that h'is.clientj against whom there wero 110 previous convictions, should bo granted probation. The facts were that Petersen came down from Napier to Dannevirko. There ho met Dart, who, counsel understood, was a previous offender. Dart came across tho portmanteau and persuaded Peterson to tako some of the articles. The Crown Prosecutor stated that tho polico report showed that Petersen was led into the crimo by Dart; who was recently granted probation 011 a charge of false pretenccs. 1 „ His Honour admitted Petersen to twelve months' probation upon terms requiring him to abstain from visiting hotels during the period, and .to pay £5 towards tho costs of tho prosecution. Dart,- ho said, had his chance,, and, it would appear, yielded readily to tho first temptation which had'come under his eyes. Ho would bo sentenced to six months' imprisonm'out. IN CHAMBERS. Mi". Justice ' Chapman held a sitting in Chambors on Saturday morning. Probato was granted in respect of the wills of the following doceased persons: — Annie Smart (Air. Webb); and William Androw Young (Mr. Myers). On the petition of Ward and Co., Ltd., of Christchurch (who were represented by' Mr. Neave), Malachi R. Taylor (trading as Taylor and Co., brewers), was adjudicated a bank, rupt. An order, as prayed, was made with refer, ence to tho petition to appoiut the Public Trustee as trustee of the sum of £1837 in the estato of Samuel Vcnnell (deceased). The caso of Boyd and another v. tho Colonial Mutual Life Assuranco Company was removed into the Supreme Court. Mr, Bunny represented the plaintiffs,' and Mr. Scant'lebury appeared on. behalf of the defendants.

.Oil tho . motion of Mr. Wilford it was ordered that tho divorce case Blake v. Blako and Jagger should be heard in camora. ' With reference to tho_ Lower Hutt case, John Morley Leigh (plaintiff) y. W. Thos. Strand (defendant), in which tho jury found for plaintiff, judgment was entered for plaintiff for £1836 7s. 7d. with costs on the highest scale, with allowance for five extra days at 15 guineas and certificate for second counsel for sis days; also costs according to scale on the motions for discoveries and interrogatories.