LAW REPORTS.

Dominion, Volume 1, Issue 283, 24 August 1908, Page 9

LAW REPORTS.

SUPREME COURT.

CRIMINAL SESSIONS

AN'HOTEL PORTER'S OFFENCE

SENTENCE OF THREE YEARS,

Tho hearing of tho 'charge' against William West, alias Westphal, a middle-aged man, of having, on -Apr.il 18,' attempted to commit a; serious criminal offence on a married woman, was continued . ; beforo ; Mr. Justice Cooper and a jury of tweiy.o on Saturday.

Mr. Myers appeared on behalf of the Crown' and Mr. Toogood for the prisoner, i

Prisoner (sworn) admitted that he stayed for somo time in prosecutrix's room. _ Ho did nothing wrong, nor had he any intention of so doing. When prosecutrix insisted that ho should leave the room ho went away. ; , '•' '■ • . •: His Honour, in summing-up, -said that tho issue Hn the} present casS was a simple one. Were the acts-complained of done with or without the consent of prosecutrix? If they wero'done with her consent, then no olfenco had been committed, but if they, were done without, her consent then prisoner should be found guilty, i In regard to the main facts, prosecutrix's evidence had not been shaken. ' It was ridiculous to suppose that the defence which had been set up did not amount ,to an attack upon prosecutrix's chaThe juri', which retired at 1' p.m., returned at 1.15 p.m. with a verdict of guilty. Subsequently, tho foreman remarked that the jury wished to add a rider to the effect that in their opinion prosecutrix was a woman of good character. : His Honour: I think (it is duo to prosecutrix that vou should sjtato that. { .) Mr. Toogood said-that the-only i previous convictions against prisoner were m respect of a charge of vagrancy and another of having exhibited an iiidccent postcard. He urged tlidt leniency should bo extended .to prisoner. I ■. ~ T Addressing prisoner, His "Honour said:. 1 don't think that you" deserve any particular consideration. I entirely agree with the verdict of tho jury. You committed a gross outrage which might have led to more serious offences. What is more, you supported the defence by raising false charges agaipst the prosecutrix. • I order you; to bo imprisoned for three years with liard laboui. Tho Court then adjourned until 10 o clock this morning. '

QUARTERLY CIVIL SITTINGS,

: FIXTURES. Sitting in Chambers on Saturday morning, Mr. Justice Cooper fixed the order in which a number of the cases set down for hearing at the Civil Sittings wili bo taken. t Fofc lowing is the list: — August. 26, at 2.ls.—Annie Stewart..,,v. Mere Isherwood of Mere To Puni, claim for £250 damages for alleged slander.—Before a common jury of four. August -27. —New Zealand Acetylene Gas, Lighting Co., Ltd., v. Frederick Andrews and Charles Ranger Bailey, claim for £103 lis. 4d. interest alleged to bo duo on a promissory note. —Before a Judgo alone. August 28.—William Henry Peter Barber and others v. the Pctone Borough Cojincil, a suit for injunction and £500 damages or £1000 damages for alleged trespass, etc. August 31—Elizabeth Green v. Kirkcaldie and Stains, Ltd., and Sydney Kirkcaldie, claim for £1500 damages for alleged wrong-: ful imprisonment, etc. —Beforea common jury of four. , September I.—Christian N."' Rokkjer v. Australian Alliance Assurance Company, claim for £250, alleged to I 'bo due on an insurance policy.—Before a Judge alone. September 2.—Hamilton Gilmer'and Allan Maguire v. Frederick Wilson,-a claim' for ,£375 damages—Before a common jury" of four. •

September 7—Win. Robertson v. Jas. Barry and others, claim for- £300, alleged to bo due on commission.; —Before a Judge alone.

September 8— Geo. Washington' Phipps v. Atlas Insurance C,0., Ltd., claim for £131 10s. Gd., alleged to be duo on a policy.— Before a Judge alone; Emily Alice Spearman v. James Costin Webb and J. J. Webb, claim for £20, rent and possession of land.—Before a Judgo alone. ' September 9.—James Henry Kibblewhite v. Wni. Geo. Somerville, claim for rescission of contract, etc.—Beforo a Judge alone; Wm. Gordon Hutchison v. Alfred'"Benge, claim for £410, alleged to be duo as.commission.—' Before a Judge alone.' September 11. —A. Peters arid Son v. Wm. Evetts, sometimes' known as Wm. Odium, claim for £5 damages for" leaving employ without notice. —Beforo a Judge alone. No dates were fixed in rospect of the hearing of the following' cases :— (Before a Common July- of 12.) Ernest Albert Barton v. Fritz'Jensen and others, claim for £625 and interest, money alleged to bo due. Hamilton Gilmer, and Allan Maguire v. Robert Dwyer, alleged partnership. ■ Public Trustee v. John Goring Johnston, claim for £501 . damages for allegedly-caus-ing death. Henry Albert Ward v. New Zealand Loan and Mercantile Agency Company and Robert M. M'Knight, claim for £1393 155., alleged loss by sale under mortgage. (Beforo a Judge alone.) Ernest Albert Barton v. Fritz Jensen and others, action for accounts' (Remanet). Alico Bertha Sherwood v. William John ■Parsons, claim for £100, alleged damages to property. - Honry Adam Mackay v. 'Chas. Freeliug Reeves, claim for £250, alleged commission on exchange. ' - - ■ Thos. Geo. M'Carthy v. Benjamin Dawson and J. J. IC. Powell, claim for £375 and interest on money alleged to have been lent. . Robert James Kells v. Geo. Haniill, claim for specific performance and £500 damages for alleged breach of contract. Humphries Patent Bracket and Scaffold Co., Ltd., v. Butters, Hale, and Co.j claim for injunction, etc. Wm. Henry Rose v. Henry Denhard, claim for £500 damages for alleged libel. • Emily Marianne Lingard V. George B. Richardson, claim for specific performance and £500. IN DIVORCE. It was decidcd that the divorce cases should bo heard on August 27. They are as . under: — Elinor Susan Gillespie v. Thomas Gillespie, suit for dissolution. Helen Ritchie Ball vi Alfred Ball, suit for dissolution. Joseph Edward Harlen, sometimes called Joseph Henry Harlen, v. Mary E. E. Harlen and Ralph Taylor, suit for . dissolution. Walter Samuel Furby v. Lily Fiirby and Peter Ballantyno, suit for dissolution. John Eaton Deadman v. Eliza J. Deadman, suit for dissolution. Mary Campbell v. Rata Campbell, suit for dissolution.. George Stafford v. Bertha Stafford, suit for dissolution. Jessie Foreman v. William Thomas Foreman, suit for dissolution. Elizabeth Barrow v. William Barrow,- suit for dissolution. Chas. Henry Poarson v., Clara Jane Pearson and' George Brewer, suit for dissolution. ' Emma Stevens v William John Hitchcock Stovcns, suit for dissolution. Evelyn Ellen M'Lennan or White v. John White, suit for nullity.