LAW REPORTS.

Dominion, Volume 4, Issue 1215, 25 August 1911, Page 3

LAW REPORTS.

CRIME SESSIONS. DEVELOPMENT' IX THEFT CASE. RATHER A SUDDEN ONE. CONFESSION MENTIONED AFTER PLEA OF "NOT GUILTY." Tho criminal sessions of the Supreme Court were further advanced yesterday beforo Jtr. Justice Sim. Allen Lee, a. storemau, formerly in tho employ of Messrs. W. and G. Turnbull and Co., warehousemen, was charged with stealing tobacco and sundries, ot a. total value of <£135 7s. 10d. Mr. H. H. Ostler appeared for tho Crown and Mr. C. R. Dix for Lee. When the chargo was read over to the prisoner, he entered a plea of not guilty, but, when the jury had boen sworn in, Mr. Dix informed his Honour that his client had previously signed a confession of theft of certain items. This confession covered two boxes of tobacco, 2 boxes of cigarettes, 2 boxes of candles, and a case of cocoa (value about .£U). and he now desired to , enter a pica of guilty, as far as those items were concerned.

His Honour asked Mr. Ostler if he proposed to go on with the evidence, in view of the plea that bad been entered. Mr. Ostler replied that lie lioped to establish Ms case by strong proof, and thought that he ought to go on. Ho thon proceeded to outline the facts, and, whon he had concluded, his Honour again raised the question as to whether it was worth while going on. It could not make any difference to the punishment, whether 'he had stolen two boxes of tobacco or ten.

Mr. Ostler replied that ho had a reason, but it would be unfair to state it before the jury. It was arranged then that both counsel should meet his Honour in Chambers, so that Mr. Ostler could state his reason. When they returned to Court, Mr. Ostler intimated "that ho would not go on with the evidence.

By direction of the Judge, tho jury returned a verdict of not guilty in respect to the goods not included in the prisoner's plea of guilty. The prisoner was remanded for sentence until 10 o'clock this morning, and uti application for bail was refused.

CRIMINAL ASSAULT. Hearing was concluded of the case in which John Maloney was charged with criminal assault on March 11 last on a little girl, eight years of ago. Mr. 11. H. Ostler appeared for the Crown, and Mr. E. J. Fitzgibbon for Maloney, who had pleaded not guilty. The jury retired at 1.5 p.m., and returned at 2.20' p.m. with a. verdict of guilty. Mr. W. I'erry asked his Honour if ho would postpone sentence, until 10 o'clock this morning, as Mr. Fitzgibbon was engaged in the Magistrate's Court. His Honour agreed'to this CIVIL FIXTURES. In the Supreme Court yesterday, beforo Mr. Justice Sim, the Civil List was called over for the. purposo of fixing dates for hearing of cases. Undefended divorce cases, numbering fifteen, will be heard on September 26. Provisional fixtures of cases before a Judge alone will be made on Monday next.

The- following fixtures were made:— Elizabeth Lowther v. Fralk. James Lowther, dissolution of marriage. Saturday, August 26. C. B. J. Midlano (by his guardian ad litem C. T. Midhme) V. Thomas Highet and the Wellington City Council, ,£6OO damages, alleged to be due for nuisance. Monday, August 28. Leslie Trotter v George- Herbert Scale?, ,£250 damages, alleged to be due for bodily injuries. Tuesday, August 29.

"STAND DOWN INDEFINITELY."

MENTION OF A POSSIBLE CLAIM OF .£5Ol AGAINST REYNOLDS, FOK SEDUCTION. Mention was made in the Supreme Court yesterday' of the civil case of William Henry Goodman v. Edward Reynolds, a claim 1 for .£5Ol damages for seduction. Mr G. H. Fell, who appeared for the plaintiff, asked that the ca-so be set down for hearing next week. , Mr T. M. Wilford, on behalf of tho, defendant, urged that the case be allowed to stand over until next session. Aow that Reynolds had been seutenced.to five years' imprisonment, , his estate . becamo Automatically vested in tho Public T His tee Honour: Why the haste? The estate can't run away. Mr. Fell stated that tho parties would liko to have completed what was an unpleasant oase. ,ii It was arranged that the case should stand down indefinitely.