SUPREME COURT.

Dominion, Volume 5, Issue 1511, 6 August 1912, Page 2

SUPREME COURT.

CRIME TRIALS & SENTENCESLIST A LONG ONE. A largo amount of business appearci un the fist when the criminal sessions c the Supreme Court opened before tin Chief Justice (Sir Pobert Stout) yesterdn; morning. Much of this business, how ever, was the passing of sentence on : number of prisoners, who had pleadec guilty.. Mr. P. Macasscy, of tlio Crow Law Office, appeared for the Crown. The following wero chosen for th< Grand Jitry:-Mcssi;s. William Fergnsoi (foreman), A. K. Hislop, Joshua A Charlcsworth, Edward Amoore, W. H Croskery, J. T. King, E. V. Hiddiford, II Rowe, J. T.Horne, Frank' Hardwick Walter Blmulell, S. H. Oxley, F. G Cray, H. H. Eaywnrd, A. E. Gannaway G. J. Heid, F. F. Shaldcrs, C. M. Elli son, G. Y. TJnyliss, H. W. Short!, G. F Gibb, J. M'Gill, and J. W. Carr. In his chargo to the Grand Jury, hi: Honour stated that there were eleven pris mers, some of them jointly charged, Vane of the cases would present any difficulty to them. In fact there wore ,1 lumber of cases in which his Honoui ould not understand why the accused persons had not pleaded guilty and thrown ihcraselves on the mercy of the Court. True bills were found in the followwf !a-es:-William Ellis, assault, causins tctual bodily harm; Joseph Wilson ant Übert Cntbiish, forgery and uttering lohn M'Creadv, assault, causing bodilj larm; Alfred Kelson, indecent act; Leon ird Muir, criminal assault; Marlm Wil iam Tier, theft; Henry M'llroy, nssnul md roblserv; John Albert Corbett am Mbeft Stockbridge, breaking, entering md theft; and Ernest Alfred I.« Cren, in lecont Act. No bill was found in tin ■aso of William Adolphus Cunningham ■barged with forgery and uttering am ;heft. SENTENCES. "MORE SILLY THAN CRIMINAL." Before the trials proceeded a number oi prisoners were set furwnni for sentence flic first was George Paul, alias Herberi Bartlctt, who had pleaded guilty at Kef ion to two charges of breaking and enter ng and theft. The offences consisted oi jreaking into two whores at French Pas; Hid stealing trifling articles. Mr. P. W. Jackson, who appeared foi :ho prisoner, urged on behalf of his clienl that the charges were trifling, and thai Paul was only 20 years of age. There ivas unfortunately a previous conviction but that was some four years ago, wher prisoner was then quite a lad. He appear ;d to be more silly than criminal. It appeared that Paul was at prcsenl serving sentence in connection with tin silence committed four years ago, as h< fiad only been recently apprehended. Hi; Honour imposed a sentence of thrc( months' .imprisonment, to run concurrently with the sentence of a month at pre sent being served. Boyish-looking Forger. A boyish-looking prisoner, named Jame; Schow, was then asked to show cause whj sentence should not be passed in connection with a charge of forgery and Uttering, to which he had pleaded guilty al Me.sterton. ' Mr. 0. Goulter, on-behalf of the lad, stated that he was without parents and iad quite recently worked his way here ;rom South Africa, having intended to go in to England to try and find friends there. Jle.had.reeently.been employed in i racing stable, and.vhad.,-there;, got into bad company. If .his"HShour "Would, give prisoner a chance Mr.. E. Arnold would jndortake to find him employment. . His Honour recorded a conviction, ordering prisoner to come up for.sentence ivhen called on. ..; ; ..Brothers Side by Side. -~.; Two brothers were next placed side bj side' in the dock, They were Andrew Bergerson, aged 22, who had pleaded juiltv at Hastings to receiving stolen property; and Edwin Thorval Bergerson, lged 18, who had admitted a charge of breaking, entering, and theft. It appeared that the grandfather of the young men -was the sufferer by the crimes. Mr. C. Goultcr appeared for both of :he accused, and said that both were first offenders and very young, and if they ?ot out of this trouble they would not some before the Court again. The elder ono had made up his mind to obtain a prohibition order against himself as it was drink that had brought him into trouble. Both were desirous of making restitution. Counsel asked that.the provisions of the First Offenders' Act bo extended to his clients. His Honour sentenced Andrew Bereerson to six months' imprisonment. Edwin Thorval Bergerson, although not recommended for- probation, was granted probation for twelve'months and ordered to pay £1 per month in restitution. Emulated "Captain Starlight." Memories of a recent sensational arrest were revived -when Percy Eichstaedt and Thomas William Dean- were placed in the dock. They wcro two youths, who had been captured in the back country at Stratford about a fortnight ago, after pursuit by the arresting constable, there were several charges against them, including breaking and entering at ferretford and New Plymouth, and theft nt New Plymouth. To all of these they had pleaded guiltv, and it had been shown in evidcuco that" when arrested they were in possession of explosives, firearms, and housebreaking implements. Mr. M. Myers, on behalf of Eiehstaeflt, referred to tho youth, of accused, and pointed out that the offences, to which the prisoner had nleaded guilty, wen all committed within three or four days, and nnoeaved to be the result of a foolish "Starlight expedition." On account ol a previous conviction against Eiehstaedt, counsel could not ask for probation, but urged that the ends oi" justice would lx met by ordering him to come up for sentence when called on. Counsel's instructions were that when the young man wa< only seven years of age, he' had beeti kicked on the head by a horse, and had been twioo operated on in connection with that accident. - The young ninn'i father was a respectable, hard-working man, and was prepared to look after him. Both prisoners were ordered to be sent to a reformatory prison for 18 months. Rather Shabby Act. George Moore, n young man, who had pleaded guilty at Wcslport. to theft from the person, had nothing to say why sentence of the- Court should not be passed on him. It appeared that while travelling in a train with a female passenger, who fainted, Moore, under the pretence of assisting her, had robbed her of money. There wore a number of previous convictions against the prisoner, but none so serious as the present one, which his Honour described as rf mean theft. A sentence of twelve months' hard labour was imposed. Series of Hotel Thefts. Mombcrs of the.local detective force some days ago arrested' George Albert Wullirjfford, 17 years of age, in connection with thefts of jewellery from different hotels at Wanganui. Wallingford escaped from the Wanganui Gaol, but was arrested during, the course of the same day in tho house of a bank manager. Yesterday morning he was brought before the Chief Justice for sentence on soven different charges, including theft from dwellings and escaping from custody. A sentence of 16 months' imprisonment on each charge was imposed, the sentences to run concurrently. Kaiwarra Burglary, There was one previous conviction against Leonard Henry Press, 28 yenrs of ago, who pleaded guilty m the Magistrates Court last week to a charge of having broken into the Vacuum Oil Company s premises near Kaiwarra. His Honour passed a sentence rf tvclvo months' imprisonment. TWO TRIALS. THE SINGING ANNOYED HIM. • William Ellis, for whom Mr. T. M. AVilford appeared, "'tis the first prisoner I placed, on trial. He. pleaded cot guilty

In a charge of assault calling net mil bodily harm. From tlio evidence, it appeared thai Klli-t, while under the influence of liquet in tho liouso of liis step-father, nlijeeteil to sonoono's f-inffi'ifT because it annoyed liiin. Tho .step-father intervened and an altercation took place in which the .'•tejifatlioi* was injured by a piece of coal thrown by Ellis. Since the trial in tlifLower Court, prisoner ami informant had been living on friendly terms in the sumo house. 11 r. Wilford did not call evidence in defence. He contended that the jury should acquit the prisoner. The cast should, he said, never have been brought to Court. The jury, after a brief retirement, returned 11 verdict of "guilty nndor pvovocation" on tho count of common assault ami recommended the prisoner to inorc.v. Mr. Wilford asked if lie would have an opportunity of arguing that the verdict was one of "not guilty." His Honour said that opportunity would lie given eomiscl this morning. Subsequently Mr. Wilforcl decided there was nothing i'n the point, and asked thai prisoner be. brought up for sentence. Counsel then asked for leniency for the prisoner, whose only previous conviction was 0110 for drunkenness. His Honour admitted the prisoner tc probation for twelve months, a condition being that lie should not enter hotels durine that time. Tie must, also pay ,£S Bs. towards the costs of the, action. Willis Street Affair. Circumstances connected with the bnr glary at the premises of F. Cooper, Ltd. seedsmen, Willis Street, on July 18 last wore investigated after John Albert Cor belt and Albert .Stockbridge had beei placed in tlie dock. Prisoners, who an both young men, were charged with hav ing broken into Cooper's premises am having stolen therefrom the sum of 7d. Mr. A. IV. Blair appeared for Stock bridge, who pleaded guilty, and was rc mantled for sentence. Corbett, who was represented by Mr. T. 11. AY ilford, pleaded not guilty. Evidence for the prosecution was to tin effect that at about 9.35 o'clock on Julj 18 Constable Smart. saw two men emergt from the . front door of Cooper's shop Olio of these made off, and tho eonstabli arrested tho other, who proved to lx Corbett. Inquiry at the shop elicited tin fact that 'Corbett had no right to lie. ii the shop, and he was taken to the polici station. As a result of what Corbetl told the policc, the detectivcs next daj arrested Albert Stockbridge, who has nov pleaded guilty. In a statement made t( Detective Lewis, C-orbctt stated he hat been on'his way to "the pictures" t.ha' evening when he had mot Stockbridge who had said that ho would accoinpanj him aloiig the road. When they had go l opposite Cooper's, Stockbridgo luid asket him to wait at. the front door while lu went inside. Stockbridge had said thai when ho came out lie would explain hi; reason for going, in. Just as St-ockbriilgi had come out by tho front door a con stablo had come along, and Stockbriclei had run away. Corbetl had gone bucl to close tlio dcor and the constable hat grabbed him. Mr. Wilford callctl a former employer o: Corbett to give evidence as to character Corbett then pave evidence on his owi behalf,' and denied having been in Coop er's building until taken tlicro by Con stable Smart. He declared that on th< evening of tho burglary he met Stock bridge by accident, and walked dowr Willis Street with him. Stockbridgi asked him to wait outside while he wem in, ami on witness inquiring the reasfln Stockbridge said ho would tell him wlier he came out. Later, Stockbridge camt out, and, after putting a chisel in witness's hand, made off. Then Constablt Smart arrested witness, who was confused and. told a lie about working on the promises. Stockbridge corroborated Corbett'sstorv as to the meeting. He also admitted put ting the chisel in Corbctt's hand, ant! stated that Corbett; had never been ir the shop. The jury retired just before 5 o'clook Tlicy' returned at 5.30 with a verdict ol "Not guilty." i I'he prisoner was 'discharged. The Court then adjourned until this morning. CIVIL SITTINGS. NATIVE LAND EIGHTS OP WAT. An important Native case, affecting titles arising from partition under tho Native Lands Act, IS9I, came before Mr. Justice Chapman in the Supreme Court yesterday morning. John Alexander Pearson, engineer, of l'almerston North, and Waikari Ivaraitiana, aboriginal Native, were plaintiffs in tlio action, whilo the Public Trustee, Jessie Burridge (wife of S. V. Burridge, farmer), of Petone, Walter Rawson, Judge of tho Native Land Court, and the Registrar of the Native Land Court at Wnnganui were tlio defendants. Itr. C. P. Skerrett, K.C., and Mr. E. F. Hatliield appeared for Pearson and W. Ifaraitiana; Sir John Findlay, Iv.C., arid -Mr. J. W. llacdonald for the Public Trustee; and Mr. SI. Myers for Mrs. Burridge. The other partios submitted to judgment. It appearotl that oil January 1!), 1!)U, Judgo Hawson mado an order providing that the subdivision of land, known as ltangipo Waiau B No. 7a should bo subject to a privato right-of-way thereon for the purpose of access to and appurtenant to Rnngipo Waiau li subdivision No, 7b. Plaintiffs were now applying for an order that a writ of certiorari be issued to Judgo Eawson for the purposo of removing this original order into the Supreme Court. It was set out that on February 1, 1903, the Native Appellato Court affirmed a partition order of the Native Land Court, awarding Raugipo Waiau 8., No. 7a, to Waikari Ivaraitiana, who on September 30, 1909, leased tho samo to Mr. Pearson for 21 years, from May 1, 1909. This lease was confirmed by the Maori Land Board. The adjoining block, No. 7b, containing 734 acres, was at the same time awarded to Erueti Arani (of whose will the Public Trustee was trustee), and he subsequently leased to Mrs. Burridge. The land held by tho Public Trustee had no means of access to the roads, and on January 19, 1911, he applied to Judge Eawson, under the Native Land Acts, for tho grant of a private road or right-of-way (50 links wide) over Waikari ICaraitana's land. This was granted, Waikari Karaitiana not appearing after receiving notice. Mr. Pearson related on evidence that ho had no notico of the application, and that the grant of right-of-way would seriously depreciate value of tho land. The Public Trustee submitted evidence showing that his land would be seriously prejudiced if the access was refused, and that tho acccss granted was the only possible one. and he had no notfeo of tho existence of Mr. Pearson's lease. The question of want, of jurisdiction arose through the repeal of the Native I,and Act, 1891, and the enactment of t.he Native Lands Act, J909. The fvrst. Act provided that a right-of-wav conltl bo granted at the time of partition or within five years after, but the 1909 Act. provided that a right-of-way must be granted at llxo time of partition. Tending proceedings, on tho passing of the last Act, it could however be continued under the old Act. The order granting Hie right-of-way was made on the ground that, as tho original nartition was not completed by sealed order, and final survey plans, tlio original partition proceedings were still pending for the purpose? of the 1909 Act, and the Public Trustee had a right to applv within the five years allowed by the IR9I Act. After hearing legal argument, his Honour reserved decision.