SUPREME COURT.

Hawke's Bay Tribune, Volume III, Issue 77, 14 March 1913, Page 3

SUPREME COURT.

NAPfER CIVIL SESSION'S. (Before Lis Honour the Chief Justice, Sir Robert Stout). YESTERDAY. THE DLMDORE CASE. The jury gave the following answers to the four issues submitted to them : - 1. Did the defendant authorise the lilaiiiliff to take £lO 10 - for his board and lodging ?—Yes. 2. Did the plaintiff act improperly in the discharge of Lis duties ! —No. 3. What sum is the defendant entitled to recover on the counterclaim !—£15,12 6. 4. What damairev. if any, is the plaintiff entitled to recover from the defendant ?—£B2. Mr. Hindmarsh : 1 understand that tli i< Mof Lae trial will be held over. Ins Honour: I will reserve it for fiirtner consideration. I do not think it is possible to take it here. I will take it in Wellington. SHI 1 LAM v. X.Z. SHIPPING COMPANY. Frederick*-- Shellam ■ proceeded akaipst the New Zealand Shipping Co., claiming £lOOO damages in respect of an accident which befell him on June 2:)th, 1912. whilst working on the stennmr Waimate al. Tokomaru Bay. or, in the event of dismissal, that the court would assess compensation under the Workers' Compensation Act. 199'. Mr. Dolan appeared for the plaintiff. Mr. Lusk for the New Zealand Shipping Company, and ,'n r. Sproule for Richardson and Co. 'lht* jury returned about live minutes past, four, having assessed the special damages, in addition to the amount of £'io already paid as compensation to plaintiff, at, £BI.IG/10. and the sum of £359 was allowed as general damages. Mr. Dolan formally moved for judgment, which was entered up accordingly. Costs according- to scale and witnesses expenses were ordered to be fixed bv the Registrar. THIS DAY. PR ISONER SENTENCED. Michael Johnson, who ‘toed his trial on a charge of carnal knowledge was the first prisoner b: .night forward for sentence. Mr. Dolan, who v.a.- instructed by Mr. Green, of Wairoa, to appear for aceascd, made a strong plea for his Ho o'li to givt ii'cit to the i i o n me id it ons of t> juiv in no mt of pii‘onfi s vo ith md 1 i~ picviou good c liai uti i l r > Hoijo ii in cn'incmp jni s r 'ii(i •- d In would tik into <o i s* l< I'm ‘hi 11 com“fndit io s it the jurv. He pointed out that under the law prisoner was liable to five v tus’ imprisonment. Prisoner wo nd l> sentenced to tw o vears if formative treatment and if possible his Honour would direct tliai lie tm sent to Hanmer. William Bashford for theft of a horse was next called forward for sentence. Prisoner asked for leniency. His Honour pointed ouj that when prisoner was before the court previously on another charge, he hail been given a light sentence, but on gaining his liberty again, had fallen hack into his old habits. However, taking into account prisoner's youtn a light sentence would lie parsed and if possible he would be sent to the Invercargill prison io see if something could be done to save him. This would be his last chance. The sentence of the court would be* nine months’ imprisonment with Lard labour. Charles Kingston, convicted of assault ova young woman, with intent. was next placed in the dock. Mr. Dolan addressed, the court on accused’s behalf. His Honour pointed out that the case was rot altogether one for leniency. Prisoner would be sentenced to two years’ imprisonment with hard labour. The last prisoner for sentence. James David Clifton, who was found guilty of an unnatural offence was represented by Mr. Dolan. His Honour said he had read tlie report of the police and of prisoner torincr employers and friends, v.ho had always found hint strictly honest and a herd worker. Prisoner was liable to a sentence of ten years imprisonment and flogging, but 'ms Honour did not intend to order a flogging as he hoped for better things from tlie imp. He would have io make the sentenc? s-evcim. but prisoner would have an opportunity of retrieving his position. The sentence of tlie comt would 1 e five years’ detention in the Invercargill gaol with hard tr.no’ir.