SUPREME COURT,

Lyttelton Times, Volume CXV, Issue 16549, 13 May 1914, Page 6

SUPREME COURT,

CRIMINAL SESSIONS. (Before his Honor Mr Justice Denniston.) Tho criminal sessions of the Supreme Court in Christchurch were continued yesterday before his Honor Mr Justice Denniston. Mr P. S. K. Macassey appeared for the Crown. CHARGE OF ASSAULT. Robert Henry Bentley (Mr A. Donnelly) pleaded not guilty to a charge of having, on April 29, assaulted William Herbert, with intent, and having caused him actual bodily harm. There was an alternative charge of common assault. The case for the prosecution was that on April 29 Herbert, who was working on the laying of the underground cable from’ Addington to the destructor in connection with the Lake Coleridge scheme, went into Armagh Street to move r. email boiler Bentley was there and told Herbert not to move it. Herbert and Bentley bad an altercation, in which Herbert was called a liar. He told Bentley that if he called him that again lie would hit him. Bentley then picked up an iron poker and struck Herbert twice in the ribs, knocking him down. He was not able to resume work until two horn’s later. He Host, about an hour’s work. Evidence was given by William Herbert, Thomas Edward Lister, Samuel G. Wright, Dr F. G. Westenra and Constable Ryan. Tho accused, in evidence, said that ho was standing between the shafts of a boiler when Herbert advanced towards him and struck at him. The accused added that ho had the poker in his hands, and, fearing that he would bo hurt again, he struck out at Herbert and hit him on tho ribs. Ho only used the poker to keep Bentley off. After a retirement of twenty minutes the jury returned a verdict of guilty of common assault under provocation. It was stated that the prisoner was married, and was thirty-eight years of age. There was no record of any offence against him. He was fined £lO. and given a reasonable time in which to pay it. ADMITTED TO PROBATION. Anthony Deane appeared in answer to two charges of having fraudulently failed to account for moneys received on behalf of the Independent Order of Oddfellows (Lodge No. 90), and of other sums received on behalf of the Chertsey Hall fund. The total shortage was £lB 4s fid. The prisoner pleaded guilty to the charges. He said that he had been secretary of. a lodge at Chertsey, but at first had lost £9, and he had tried to make up the amount. He had work to go to. It was stated that the prisoner arrived in the dominion in 1901, and for seven years worked as a general labourer. For two years he was employed permanently by the Public Works Department, and three years as a railway surfaceman. He had handled £3O in all, and he had repaid £5 already. He was married, and had two children. He had got into financial difficulties through sickness in Ills family. His previous character was good. His Honor said that- he would not do the prisoner any good nor the country any good by sending him to gaol. Offences of the class were exceedingly objectionable, and he knew that many might consider that it was necessary to set an example to others, hut where a man had a good record up to the time of his offence he would not refuse to give him an opportunity to reform. Deane was admitted to probation for twelve months, and was ordered to pay back tho money stolen at the rate of 30s per month. TO AWAIT IDENTITY. Albert Gordon Smith pleaded guilty to charges of having broken and entered the dwelling of Thornton Henry Capo Williamson between February 21 and 22, and having stolen jewellery and other articles to a value of £9, and having entered the dwelling of Percy Alexander Brufort and stolen jewellery and goods. It was stated that Smith arrived in tho dominion in December, and that he was to go to Auckland to stand trial there for burglary. When an’ested he had in his possession a revolver and cartridges and burglars’ gloves. Smith denied having been convicted of burglary in Geelong, and denied a long list of convictions, including a declaration of him as an habitual criminal. He said that he came from Tasmania to New Zealand in December.

Mr Macassey stated that the prisoner had been connected with the Australian record by means of finger prints, and ho asked for a postponement of sentence until be could prove the identity. Ills Honor said that if Smith was the man referred to in the record, he was

an exceedingly experienced criminal, who had transferred his scene of operations from Australia to New Zealand after being released on probation. If that was so, Smith would he dealt with severely. Sentence was deferred indefinitely. COMMON ASSAULT. Charles Wallace Adam (Mr M. Donnelly) pleaded not guilty to a charge of having indecently assaulted a girl under sixteen years of age at_ Prebbleton on March 3, and in the alternative, with common assault. After evidence had been heard Mr Donnelly addressed the jury and his Honor summed up. The jury retired for an hour and returned with a verdict of common assault. It was stated that the prisoner was a married man with one young child. His Honor said that the jury had decided that there was merely a common assault, and he could not treat it as anything more serious. He could not read into the verdict his own opinion of the act, and would not pretend to do so. Accused could consider himself fortunate. Adam was fined £2O. PICK-POCKET SENTENCED. Ernest King, who had lieen convicted of pocket-picking, appeared for sentence, It was stated that King had come over to the dominion in 1911 with a gang of pick-pockets from Australia and had been caught, being sentenced to three years’ imprisonment. Since his release he had been travelling about the dominion, working in the day aud attending theatres in the evening. He had several aliases, being known also as Keenan, Martin and George Johnston. He had a long record of convictions in AustraliaKing was sentenced to five years’' imprisonment. The Court thou adjourned until 10.30 a.m. on tho following day. WELLINGTON CRIMINAL SESSIONS. [Pkr Press Association.] WELLINGTON, May 12. At tho Supreme Court to-day John Edward Ramsay was sentenced to twelve months’ imprisonment ou a charge of breaking and entering and theft, and was declared an habitual criminal. Albert Hanson aud Harry Spooner, on a similar charge, were also declared habitual criminals. Thomas Frederick Everest, charged with theft and receiving stolen goods, was ordered to conic up for sentence when called upon. Frank Taylor, for theft of a horse at Martou, was ordered to como up for sentence when called upon, and to re- 1 • fund £3 received from n man to whom he sold tho animal. ! Arthur Harold Anderson, for break- ; ing and entering, was admitted to probation for one year. John Taupoki, a Maori youth, was j

sentenced to one month for assault with intent to rob. Albert Carnaby and William Parker, two seamen, were convicted of common assault on a girl, and were fined £5 each, in default fourteen days' gaol. DUNEDIN CRIMINAL SESSIONS. [Pke Press Association.] DUNEDIN, May 12. At the Supreme Court criminal sittings to-day, William James Conn was found guilty of theft and common assault, and not guilty of robbery with violence. Thomas Frederick Sutor was charged with obtaining goods by false pretences and without having any intention of paying for them. The case for the Grown was just completed when the Court rose. Accused said he would call evidence to-morrow.