SUPREME COURT.

Evening Post, Volume LXXV, Issue 122, 23 May 1908, Page 9

SUPREME COURT.

CIVIL BUSINESS. Mr. Justice Cooper heard an appeal against a decision given by Dr M'Arthur, S.M., respecting the construction of a retaining wall at Kelburne by Jorgenson Bros., and Johann, builders, for Edward J. Faulknor. Mr. Weston appeared for appellants and Mr. D. M. Findlay for respondents. His .Honour ordered a new trial , upon a counterclaim on terms that the judgment for £16 10s in the action remained unaffected by the new trial, and that no execution is to be issued on that judgment until the determination of the counterclaim j the magistrate to ascertain whether respondent undertook to. build a wall tit to sustain super-incumbent weight above its level. Should the Magistrate find that the undertaking was limited to the construction of a wall fit to sustain weignt up to its level, then he is to determine whether the wall was- properly constructed in accordance with the specification, and if so then judgment was to be given for respondent for the counterclaim. If not, then the damage that appellants would be entitled to recover upon the counter claim must be assessed; and. if. damages, are so assessed these to be set off pro tanto against the judgment for £16 10s. Respondent to pay £6 5s costs. JURY CASES. JMr. Justice Cooper, sitting in chambers yesterday, fixed the hearing of the following civil cases, all of which come before a jury :—2Bth: — 28th 3lay, Baker v. Henry, claim for £275 l£s, commission ; C. S. Leslie v. E. Stevens, claim for £501 damages for alleged wrongful dismissal ; 29th May, E. M. Styles v. M. Cheevers, and V. Cheevers, claim for £500 damages for alleged slander ; Ist June, W. A. Waters v. A. Allen claim for £543 5s damages ; 2nd June, A. T. Usher v. Federal Steam Navigation Com- ! pany, Ltd., claim for £1500, for damages for alleged bodily injuries. 4th June, J. M. Leigh v. W. T., Strand claim for £2294 moneys alleged' to have been obtained by ifraud. 6th June, W. R. Pope .v. Wcstland Timber Company, claim for £1000 alleged malicious prosecution. Bth June, D. K. Morrison v. Kelburne and Karori Tramway^ Company, claim for £730 for alleged injuries. 9fch June, H. ,0. Faulke v. Wellington City Council, claim for £501 damages for alleged bodily injuries. 10th. June, C. W. Earle v. New Zealand Times, claim for '£sol for alleged libel. 11th June, W.- Turnbull v. Wellington Gas Company, claim for £575 for services alleged to have been, rendered. CRIMINAL SESSIONS. FIVE YEARS' IMPRISONMENT. Eive years' imprisonment with hard labour 'was imposed by Mr. Justice Chapman last night on a young married man named Frank Halligan, on a charge of assault with criminal intent on a young woman. 22 years of age, near Dannevirke. The trial lastes 1 from 2.30 p.m. until 10 45 pm. Mr. Myers appeared for the Crown, and Mr. Wilford,. with him Mr. O'Leary, for the accused. The jury, of which Mr. D. Williamson was foreman, was only fifteen minutes in arriving atits finding of "guilty." His Honour, in passing sentence, ea-id he entirely approved of the verdict. He did not see how the jury, in face of tho evidence, could honestly have como to any other decision. The sentence which he must inflict was one which would act as a deterrent. On a former occasion accused "was before tho » court *-f or, an infringement of ihe law, But his Honour thought that class of case was so different from this that he did not refer to it as a ground- for increasing the severity of his punishment, but he did not forget that in addessing the cotrrt on ttiat occasion prisoner's counsel j told him fcKat; at one time, he had occupied a. respectable position in Dunedin, and was a man of means, but he seemed to have drop-r ped from the position of a very respectable man to a debased condition. Evidently accused had lost His moral restraint. Now his Honour must inflict a sentence which, would act as a- warning to others. It was that he would bo imprisoned with hard labour for five years. The prisoner broke down on hearing the sentence. The court was then adjourned until 10.30 o'clock on Monday morning. fPEESS ASSOCIATION.] GUILTY OF MANSLAUGHTER. CHRISTCHURCH, 22nd May. At the Supreme Court to-day a young man named William Alexander Robinson was indicted for that being the son of Margaret Robinson and having up to 11th May had charge of the said Margaret Robinson, who by reason of her age and sickness was unable to provide herself with the necessaries of life, he did on 15th April and subsequent days and up to the decease of Margaret Robinson on 11th May, omit without lawful excuse to supply her with the necessaries of life, by reason whereof she died, and by such omission he did commit the crime of manslaughter. On a socond count the accused was indicted for manslaughter by failing to provide his mother with medica^ attendance and a competent nurse. A verdict of guilty was returned based on the finding that accused had failed to call in a medical man, which failure was due to an error of judgment. Mr. Justice Denniston ordered accused to pay £10 towards the cost of the prosecution and ordered him to como up for sentence when called on. AUCKLAND CASES. AUCKLAND, 22nd May. At the Supreme Court to-day Frederick Summers and Stephen Jones wore indicted on a charge of stealing from the s.s. Waikare on Ist May a suite of clothes, a watch and chain and 7s 6d in money, the property of the master of tho vessel, Captain Burnett. The jury, after a short retirement, found Summers guilty of theft and Jones guilty of receiving the stolen property, knowing it to have been stolen. Both prisoners were sentenced to eighteen months' imprisonment with hard labour. William Doyle pleaded guilty to being an incorrigible rogue and vagabond) and was remanded for sentence. William Brown, on a similar charge, was found guilty and also remanded. Some additional particulars concerning the proposed Torres Straits mail service have just come to hand, and show that London and Brisbane are to be the terminal ports of the new service ; also that there will be a sailing every four weeks. Al present, announces the Commercial News, ifc is intended that Thursday Island, Cairns, Townsville, and Rock* hampton will be ports of call," but if sufficient inducement offers, other ports will also be visited. The vessels to be employed in the line will have extensive passenger accommodation and bo fitted to carry large quantities of general cargo, in addition to frozen products. If port's, other than the four specified, are called at the subsidy will be increased. The fleet is to be manned by "whites," and will be comprised of full-powered firstclass steamships. Further information dealing, with the coracauv is awaited.