SUFFICE COURT.

Evening Post, Volume LXXIII, Issue 32, 7 February 1907, Page 6

SUFFICE COURT.

THE CRIMINAL SESSIONS. After the Post went to press yesterday afternoon, the criminal sessions of the Supreme Court were continued before Mr. Justice Cooper. CHARGES OF CRIMINAL ASSALt-T. In the case of indecent assault preferred against Alfred William Condon, tho jury found a verdict of not guilty. A second and similar indictment against the same accused has yet to be heard. Hearing was begun, and adjourned until this morning, of a case in which Ernest Stephen Dyton, iv lad of sixteen, was charged with having indecently assaulted a nine-year-ojd girl. Mr. Myers appears as Crown Prosecutor, Mr. Herdman afi counsel for the defence, and Mr. P. G. Clark is foreman of tho jury. The jury retired at 1.20 p.m. At 2.35 they returned to court with a verdict of guilty of common assault, with a recommendation to mercy. His Honour, having regard to tho irreproachable character that had been given accused by his employers and others who knew him intimately, and tho ago of prisoner (seventeen years), admitted him to probation for twelve months. Ho said that ordinarily he would have extreme reluctance in taking this course where young children had been interfered with, but, taking into consideration ?risoner^c youth and character, and the act that the jury (very mercifully, in his honour's opinion) had excluded ~io element of indecency from tho case, he felt justified in treating the case as ho had done. Prisoner was ordered to pay the costs of the prosecution. NO PROBATION. James Bryant, who had been remanded to the Supreme Court to bo sentenced for having forged a receipt for a money-order telegram, asked for probation. His Honour regretted that he could not grant probation. In the public safety it was necessary to pass a sentence; it would be very dangerous if an impression got abroad that a man in * financial stress could conynit this class of offence and obtain probation. The' sentence to be passed would be light : three months' imprisonment. TO-DAY'S PROCEEDINGS/ THE DYTON CASE. Hearing of the charge of indecent assault against Ernest Stephen Dyton occupied tho time of tho court for the whole of this morning. Before summing up the evidence, his Honour instructed the jury that if they came to the conclusion that in this cfcse there had been an assault, but no acfc of indecency committed, they could bring in a- verdict of common assault, although tbat was not a count on the indictment. LENIENCY. This afternoon tho prisoner Francis John Eugene Baucke, found guilty of common assault, under- circumstances narrated in Tuesday's Evening Post, was set forward for Bentence. Mr. Skerrett, for prisoner, intimated that the latter had agreed with his uncle> to leave the Pahiatxra. district. His Honour eaid that, having regard to the strong recommendation to mercy that accompanied the jury's verdict, he would 4 allow prisoner to go conditional upon his entering into his own rocognizances of £200 to bo of good behaviour and also finding another surety in a like amount, or two sureties of £100 each, Buch sureties to be approved by tho Crown. Prisoner would also be required to pay within three months the costs of the prosecution." Ho must remain in custody until the sureties were entered into. ALLEGED ASSAULT AND ROBBERY. Kenneth Harold JCidd and Michael O'Donovan wero charged with having, on 21st December last, at Wellington, assaulted and robbed Albert Edward Barnacle, • late of Taihape, of JESII in money. Mr. Myers appeared as Crown Prosecutor, and Mr. Blair (instructed by Mr. Cook) was counsel for accused. Kidd admitted his guilt, but O'Donovan pleaded not, guilty, (Left sitting.)

A tribute to the educational methods of New South Wales was paid by tho Inspector-Qenorcal of Schools, Mr. G. Hogbcn, ut the conference of inspectors to-day. Mr. Cooper, Senior Inspector for that State, had just addressed the conference, and Mr. Hogben said ho would confess that the last syllabus for use in the New Zealand schools was largely modelled on that in use in New South Wales. In the future they also hoped to be permitted to tako hints from New South Wales. Tiger and leopard ikiui will bo told At Shortt'« mart, Willu-itreet, to-morrow, lit Z o'clock.