LAW REPORTS.

Dominion, Volume 5, Issue 1512, 7 August 1912, Page 2

LAW REPORTS.

SUPREME COURT. SECOND DAY'S CRIME CASES. I RE-TRIAL FOR LE CREN, | WILLIS ST. BURGLAR GAOLED. The criminal sessions of the Supreme Court were continued yesterday, before the Chief Justice (Sir Robert Stout). Mr. P. S. K. Macassey, of the Crown Law Office, appeared for the Crown. Before the nest caso for trial was called on, Albert Stockbridge, 23 years of age, who had pleaded guilty on Monday afternoon to having brokon into the premises of F. Cooper, Ltd., AVillis Street, was placed in tho dock for sentence. Mr. A. W. Blair, who appeared on behalf of the prisoner, pointed out that, although thero were six previous convictions against Stockbridge, there were really only two series. The fact that prisoner had pleaded guilty, and in no way exaggerated, showed that there was still some good in him. Since bis last offonce. ho had been in constant employment. Counsel suggested that the caso might bo met by a short sentence. His Honour remarked that it was difficult to know what to do with accused. It was Lard to understand why young men set out on a career of crime, and what they hoped to gain by it. His Honour had no doubt that Stockbridge had intended to rob the premises, and that he had arranged with Corbett to do so. Prisoner had previously been treated with leniency 011 a series of charges of burglary, and some other course would now have to be adopted. A sentence of 18 months' imprisonment was passed, to be followed by three years' detention for reformative treatment. THE LE CREN CASE. BENCH AND COUNSEL DISAGREE. Ernest Alfred Le Cren, who, the Crown Prosecutor stated, had been employed as inspector of factories, was charged with committing an indecent act in a shop at Nowtown. Air. M. .Myers, and Mr: E. J. Fitzgibbon, appeared lor the accused, who pleaded not guilty. His Honour ordered tho court to be cleared during the hearing, and prohibited tho publication of evidence. After tho lunch hour tho jury visited Newtown to view the shop. At tho close of tho Judgo's summing up, a warm passage occurred betweon his Honour and Mr. Myers, the latter taking exception to tho manner in wTiich some of his Honour's remarks had been framed, 'l'ho jury retired at 3.10 p.m. After a lotiroment of over four hours, the foreman of the jury announced that there was no probability of a verdict being agreed upon. ■1 His Honour thereupon discharged tho jury, and'a fresh trial was ordered for August 16. Prisoner was admitted to bail as previously. BROKEN JAW. TRUCKER STRUCK BY MATE. An incident that took place 011 tho Wellington wharves on May 9 last resulted in a wliarf labourer, named John M'Cready, standing in the, dock yesterday afternoon to answer a charge of assaulting William Carncross, so as to cause him actual bodily harm. .Mr. J. J. M'Grath appeared for M'Cready, who pleaded not >juilfcy. Evidencu for the prosecution was to tho effect that on May 9 M'Cready was working in a shed on the wharf, and Carnoross was trucking cargo from the Wimmera to the shed. A difference occurred between the men as to where Cam cross should have brought his triwk, aud M'Cready, without provocation, crossed the shed and struck Carncross a violent blow. When medical aid was summoned it was found that the blow had broken Carncross's jaw, and M'Cready was arrested for tho assault. . Accused M'Cready gave evidence in nil own defence. He said that when Garn 'cross was asked to bring his cases over h< (Carncross) seomcd to take it as a joke and witness had to go and fetch the case: himself. After they had been working to "ether for it couple of hours witness madi another appeal to Carncross to bring th< cases across, and the latter used sonu very bail language. Witness theroupoi walked across the shed and struck tin blow. It was done in tho heat of tbi moment. Tho jury retired at i.30 p.m., and re turned ten minutes later a verdicof guilty on the counts, which did no include "intent." Mr. Macassey stated that the prisone: was a native of Scotland, and had pro viousiy borne a good character.. Mr. M'Grath, on behalf of the prisoner urged that the worry and anxiety tha M'Cready had suffered during tho pas three months, while awaiting trial, slioul< be taken into aocount. He had beon ai industrious worker, and dreaded goini to prison. If his Honour could seo hi: way to merely convict the prisoner or in flict a small fine, M'Cready would nevei trouble the Court again., Counsel suggest 'ed that tho prisoner was in no sense ; criminal. His Honour admitted the prisoner t< probation for 12 months, and ordered hin to pay 10s. a month for nine months to wards the cost of prosecution. - CIVIL SITTINGS. THE. ROAD AND THE SECTION. INJUNCTION GRANTED. Mr. Justice Cooper j-esterday delivered his reserved judgment' in an action which had been heard at tho last civil sittings of the Supreme Court, and which concerned an agreement between the vendor and buyer of certain Trentham sections, fronting on the Main Hutt Road. The parties to tho action were Edward Andrew con thorne, ironmonger, of Wellington, j>lamtiff, and Christina Baokstrom, ivite o. Christian Backstrom, of Trentham. Mr. P. E. Petherick appeared foT Bonthorne, and Mr. T. C. A. Hislop appeared for Mis. Backstrom. _ In tho statement of claim- it was sot out that, by an agreement, dated June 13, 190S, Bonthorne had contracted to purchase from Mrs. Backstrom two adjoining sections at Trentham, having a frontage on tho Main Hutt Road. It was alleged that a condition of the sale was that the land was a corner section, and that the land bounding on the north side would be used as a road, to be known as Delagarde Road. A plan showing this road bad been before the parties at the time that the agreement was entered into. Subsequently Mrs. Backstrom had expressed her intention of using this land (on the nor|;h-M=t siW for p<urno=».<; ''ther than reading, and when plaintiff Bonthorne completed the purchase in August, 1910, he did so under protest, and on condition that all bis rights in regard to tho road should bo reserved. He sub-j-ofjTicntly lodged a enveat to prevent Mrs. Backstrom from using the land for any other purposo than reading. lie now sought an injunction to restrain Mrs. Backstrom from using the land for any other pnrpose, and he asked that _ Mrs. Backstrom' should be made tr. swcifically perform the a-greemerit. In the alternative Bonthorne claimed..£so as compensation for alleged breach of contract. in defence, Mrs. Backstrom denied the main paragraphs in the statement cf claim, and stated that, before the agreement had been entered into on June 13. 190S, she had abandoned her intention of nsing as a road the land 011 the north* prist side of the sections, and that Bonthorne knew this. Mrs. Backstrom also pleaded that there was no memorandum in writing sufficient to satisfy Hie Statute of Frauds of a contract bv her with plaintiff Bonthorne In make tho road or grant the right of way. His Honour, in a very lengthy judgment, reviewed the facts, and rniok-d a number of authorities. The main point was whether plaintiff's acceptance of the transfer destroyed, I\n right= under the nweoment. In hi" Honour's rminion it did not. Plaintiff, having built acottaga upon thfl land, was not in a position to rswind. and "-as really compelled to take tho title, His Honour, however, did

lot think he was entitled to all the reicf asked, but lie would bo grantttl on njnncticn to restrain defendant from isiug the slrip of land (known as Delajardo Road) for any other purpose but l ,hat of a road. Costs on the lowest scale veve granted.