LAW REPORTS.

Dominion, Volume 4, Issue 1206, 15 August 1911, Page 2

LAW REPORTS.

e CRIME SESSIONS. "UNHEALTHY STATE OF AFFAIRS." WHAT TO DO ? IN CERTAIN TYPES OF CASES. HIS HONOUR'S REMAKES. The criminal sessions of tho Supreme Court commenced yesterday before Mr. Justice Chapman. Mr. ll.' H. Ostler, of the Crown Law Office, represented tho Crown. Tho Grand Jury \ras constituted as follows Mcssts. F. Tow mend (foreman), R. W. Short, A. D. RUcy, . A. .T. A. Holmes, W. ll'. frulton, C. Young, W. A. Camiuer, J. Clouston, J. B. Blacklock, A. Webster, W. E. Bethune, E. S. Baldwin, W. BeMehamp Platts, S. Mackay, C. M. Banks, W. Ballinger, W. Gamble, L. Blundell, T. Dwan, C. A. Lawrence, A. Leigh Hunt, A. W. Blanchard, and W. Page. True Bills. True bills wore found in. tho following cases:—Georgo I'crminger, alleged inde ceilcy; William John Jl'Lean andLeonarc Brown, breaking and entering and thefl (two charges); Roy Lawten, alleged al tempted rape; Arthur Vincent Evens window scratching (eight charges); Juliui Jorgensen, assault, causing actual bodilj harm; William Booth, alleged theft fron the person; Arthur Fredk. Chas. Davics alleged theft from a dwelling; Alfrec Britis, alleged unlawfully selling liquor Frank Cootes, alleged robbery; Witlian Allmau Denning, alleged criminal as sault; Robert Parratt, alleged assault an( robbery; Chas. Dane, alleged unnatura offence; Allan Lee, alleged theft.; Patricl James Muriihv, alleged offer to aceep money to abstain from bidding for licensi of Crown land; William Lyndhurst, al leged. assault and robbery; Alfred Ernes Kceble, alleged administration of noxiou, drug and alleged carnal knowledge. True bills stood from last .session agains tho following.—John Malouey, alleged in decent assault; Edward Reynolds, allegei unlawful use of instrument for illega purpose; Annio Petersen, similar charge. Judge's Commonts. His Honour, in addressing the Grant Jury, said that tho observations whicl ho had to make would be very brief in deed. Tho great number of otl'ences tha they would have before them were of tin most ordinary kind, and, though tlier . were some of an exceptional kind, am one or two of an exceptionally shockini kind, nevertheless these would present m difficulty to them in the discharge o their duty. He was sorry to say tha session after session in this court the; had before them in a. marked degree i numbet of offences of a sexual kindmuch more marked than in tho souther; provinces. Very heavy sentences of i deterrent nature hail been passed for thes offences—lioth in Wellington and th country districts—but they did not a{; pear to have liad the desired elfect of rt ducing them to any extent. I might bo that, if those sentences had no been passed, the number of these offence would have bean still greater. In som parts of this province there must be < very .unhealthy state of affairs, moral]; speaking. One of the cases coming beforthem was from that part- of the Welling ton provincial district to which he refer red. His Honour then went on to mile special reference to a number of tin charges that appeared in the list. FRAUDULENT TELEGRAM. NO BAIL IN THE MEANTIME. A young "man, named Kenneth Doug las Melville Calders, who . had pleadei guilty in the Lower Court to a charge o obtaining money by sending a telegran and signing the name of another person was brought up for sentonce. Mr. A. L. Herdmau, who appeared fo accused, stated that, from a number o letters which had been handed in, it wa quite clear that the prisonel' liad nitlierh borne a good character. Ho had beei in a lawyer's office in Wanganui, but hai recently left it. When he came down her he tad' dispatched the telegram which hat put him in possession of tho money. 1 accused were admitted to probation, hi would have no difficulty in obtaining em plovment. The money obtained had sine* been returned. Accused was not of tin criminal class, and it was likely tha the lesson would not be forgottan by him His Honour remarked that the ease wai a difficult one .for him to deal with, ant he would take' timo to consider it. Ac cused would be remanded until Wednes day, but his Honour was not preparec to admit him to bail in the meantime. WHISKY, BRANDY, AND ABSINTHE AND PLATE-GLASS WINDOWS. Arthur Vincent Evens, draper's assist ant, pleaded guilty to eight charges oi having unlawfully damaged plate-glass windows in Cuba Street, by scratching them with a diamond ring. Mr. A. L. Herdman, on behalf of accused, said that he had received ft number of letters testifying to Evans's goo< character. One of these was from th< firm- of George and Iversley, at whose es tablishmcnt Evens had been employed The. fact was that, at the timo of the offence. Evens had been under tho influence of liquor, and had been caughl red-haaded by a nightwatchman and r policeman. Ho had been out that niglil with his companions, and had liiul brandy at one place, whisky al another, and, at another place, absinthe Whether or not lie committed the offenci in tho spirit of mischief, of thoughtlessness, or without any regard of what th< consequences might be, it was impossible to say. It could only bo accounted fol by the fact that he was under the inlluenco of liquor. There was considerable difference of opinion as to tho value oi the damage.. His Honour: He may have been drinking, but he had cunning enough to conceal that ring. . Mr. Herdman admitted that that was so, but submitted that prison was not a place to which to send a young man like Evens. He suggested that, if he worn admitted to probation,, some arrangements might be mado for him to pay oft portion of tho damage. Mr. Ostler stated that nothing was known previously against accus6d's character, but his act in damaging the windows was an exceedingly wanton one. Eight shopkeepers had been affected, and lifteen plate-glass windows, and the damago (which had been done in a few minutes) had been assessed at .£155. His Honour observed that he would give the case consideration until Wednesday morning, when accused could be brought up for sentence. "ONE OF THE MOST SHOCKING." A 1301" CHARGED. . "Ono of the most shocking cases I liavo ever heard of," was Mr. Justice Chapman's reference to the case of Roy Lawton, a bn.v 1-1 years of age, who had pleaded not guilty io a charge of al tempting n certain offence on a girl 15 years of age,. Mr. E. J. Fit?,gibbon, who appeared for accused, staled that the Ind's mother was a widow with a large family of seventeen, and this particular boy had got entirely ont of control. Coitusel suggested that his Honour had power to deal with (he lad before he should go on trial, and he askfd I hat (lie advisability of sending him' to an industrial school lie considered. Mr. Ostler had no opposition to offer to this. His Honour agreed that Section 20 of the Industrial Schools Act gave him power to deal with this case. And whether accused was convicted or not, , the section expressly empowered the Court to pass sentence, where accused camo within tho definition of "child." That, meant, that, without sending the case to a jury, his Honour could deal with it there. This was a very strong power to give the Court, nml it was only to lie exercised for the good of accused himself. After referring to tho focts of the cusp his Honour stated that ne hoped that a period at an industrial

school would do some good. At ally rote, it would be better than tending the boy to prison. YOUNG MARAUDERS, OFFENCES AT PAHIATUA. Two young men, named William John M'Loan and Leonard Brown, pleaded guilty to two charges of breaking and entering and thci't at Pahiatua ■ in tho month of June last. Tbc offences liad been committed at tho Commercial Hotel, Pahiatua, and at a butcher's shop in the sanw* town, and t.hu articles stolen ranged from a gold albert chain and a catc of whisky to a German sausage. The case of whisky, and some of the other stolen property, had been recovered. Mr. Gilford Moore, ot 1 Palmerston North, appeared for M'Lcan, and Mr. T. M. Wilford for Brown. r Speaking on. behalf of M'Lcan .Mr. Moore said that, up till the present time, his client had borne a good reputation. There was no question that the crimes wero committed while the accused were under the influonco of liquor. Counsel asked for probation for his client, who was a young married man, with a wife and one child. His father was a former in tho Hawke's Bay district, and was prepared to take him' to work on the farm. Accused had never been before the Court before, and it seemed a pity to send a young mail like that to gaol. Mr. Wilford, on behalf of Brown, asked that his client be ordered to ooiuo up for sentence when called upon. Counsel read tiyo testimonials as to Brown's character from former employers. His Honour: Why do you not ask for probation ?

Mr. Wilford: I think this is the better way. In answer to a' question as to whether he liad any reasons for not. asking foi probation, Mr. Wilford stated that ho had none, and he wanted probation as an alternative. These men wore not criminals of the ordinary class. They were criminals by misadventure. Many crimes occurred if there was an absence of parental control, and Brown's mother liad it family of fourteen and still worked hard to support and look after tho younger members of the family. His Honour, after considering tho remarks of counsel, decided to admit the accused to probation on the first charge. But., as tho accused wore not boys, he had decided to impose conditions of some stringency. Eacli would be put on probationer four years, and prohibited during that period. Tlicy would have to pay £1 3s. 6d., the value of tho property not recovered, and £5 cacli towards tho cost of tho proceedings. Tho payments would have to lie made in monthly instalments of 10s. On tho second charge, each accused lyould be convicted and ordered to come up for sentence when called on. FOREIGNER AND THE KNIFE. "A RECKLESS THING." Julius Jorgcnsen, a sailmaker on the Norwegian barque Duucrag, pleaded not guilty to a charge of assaulting Charles Swanson so as to uause him actual bodily harm. Mr. I\ P. Kelly appeared for the accused.

The facts of the eas-e were much the eame as previously related in. the Lower Court. Swanson is a wharf labourer, who previously followed the sea, aud who was looking for a berth on the Duncrng. Ho had been offered a berth by the master of the vessel should a vacancy occur, and ho had frequently visited thb barque during the time that she was lj;ing at the Queen's Wharf. On the [light of the affray (July 21) Swanson was in the sailmaker's room talking to the steward and another sailor. JorgcnsEii was present, and some drinking was going on. Swanson had had a few drinks before going on board, nnd the steward admitted that there was a keg of bser in the room, and also that he had sewed a bottle of brandy among five of them during the dav. A fight occurred between Jorgensen and Swanson, and as a result the latter had been twice stabbed in the face, and once on the shoulder, and had had to receive medical attention. Jorgensen wag apprehended by the master of the vessel, placed in irons, and subsequently handed - over to.- the police. Swanson, in'.evideiiMr declai'ed-'tliat' Jorgensen struck without warning, and with out the slightest provocation. Jorgensen, on. the other hand, stated that Swansou not only provoked him, but was the aggressor, but lie admitted using the knife. Mr. Kelly submitted ■ all the witnesses for tho Crown to cross-examination, but did not' address the jury. After retiring for a few minutes, tho jury returned a veTdict of giiilty. His Honour, addressing tho prisoner, said: "It is more by good luck than by good management that you did not kill this man. You did a very dangerous and a very , reckless thing, and I must do what I c<an to prevent sailors from doing such kind of. things in future." The prisoner was sentenced to two years' imprisonment.

GLASGOW WHARF FATALITY. NEW TRIAL SOUGHT. Before Mr. Justice Sim, in the Supremo Court yesterday, Mr. A. Gray moved for a non-suit and a new triil in tho case of Baillio v. the Wellington Harbour Board.. Mr. A. W. Blair appeared for tho plaintiff, and Mr. A. Gray, with him Mr. T. S. Weston, for the Harbour Board. Somo months ago, Mrs. Baillie's husband was killed on tho Glasgow Wharf, through being caught in a ropo round a rapidly-rovolviug capstan. Mrs. Baillie sued for damages in the Supreme Court, and the jury awarded her tho sum of ,£12,50. Mr. Gray contended that the notice of action was insufficient, and did not specify the cause of action. He further contended that tho verdict had been against tho weight of evidence, and, therefore, asked for a new trial. The ease, h» sul> mitted, should never have gone to tho jury, because there was no evidence of negligence or of a defect in the machinery. Mr. Blair replied to Mr. Gray's arguments, and his Honour reserved decision.