SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8537, 18 March 1908, Page 5

SUPREME COURT.

CRIMINAL SESSIONS. PALMERSTON—WEDNESDAY. (Before Mr Justice Cooper.) SENTENCES. William Waugh, convicted yesterday of wounding Constable Connor, causing actual bodily harm, was, put forward for sentence. His Honor said prisoner s offence caused danger to life which excluded him from being dealt with under tho First Offenders Probation Act. He would take into consideration, however, the extreme age of the prisoner, and also the fact that tho jury did not find him guilt,y on the first count. His Honor held that prisoner did no: have the knife in his hand for the purpose of doing injury to Constable Connor, but that he had it in his hand for a perfectly legitimate purpose. Ho did not intend to send the prisoner to gaol, but would impose a fine of £100, prisoner to pay the costs of prosecution, in default two years' imprisonment. Ho would also bo required to enter into sureties to keep tho peace for two years in his own bond of £200 and two sureties of £100 each, and would be detained until the fine was paid and the sureties found. His Honor, continuing to address the prisoner, stated that he had taken into consideration his extreme ago and also the good character that he had borne in the past. It appeared that prisoner was in the habit of coming into town and getting drunk and behaving in a peculiar manner. On account of the prisoner's age," he believed that to send him to gaol would be a punishment disproportionate to tho evidence, and he felt justified in exorcising the discretion that was vested in him in the case. He would probably be considered to be acting with undue leniency, but he considered that prisoner had no intention of stabbing the constable. Ho held, however, that-some compensation should be made to Constable Connor, though ho had no power to make an order in this j case. I

Charles Fitton, found guilty of assaulting William Roach at Mangaweka, with intent to do and actually causing grievous bodily harm, was next dealt with. His Honor said the position was somewhat extraordinary. The prisoner boro a good character, but tho main fact was that ho fully intended to strike prosecvitor. Tho case was an exceedingly bad one, and steps would have to bo taken for tho protection of prosecutor. Prisoner would be fined £100 and ordered to pay the costs of the_ prosecution, in default, two years' imprisonment. In addition to this ho would require prisoner to enter into sureties to keep tho peace for a period of three years, in his own recognisance of £500 and two sureties of £250 each upon tho second and third counts. If prisoner could pay the fine and find the sureties, it would be tho best for him to leavo tho country, as he formerly intended. It appeared to his Honor that prisoner had been nursing an imaginary grievance against the prosecutor for a number of years. Ho would not send him to prison on account of tho good character that ho had borne in the past, but it was absolutely necessary that the prosecutor should be protected. Tho order for imprisonment would be suspended for a week to give prisoner tho opportunity of paying tho fine and finding tho sureties. ALLEGED MANSLAUGHTER. Emanucl White was charged with having, by bis omission and without lawful excuse, caused the death of Lucy Goldfinch. Tho following jury was empanelled: — J. W. Hands (foreman), W. H. Ford, F. W. Mayo, A. J. D'Arcy, N. Campbell, W. J. Clare, F. E. Ashley, G. Hall, F. E. Waters, H. Stephenson, A. MeConkey, J- 11. Watt. Accused was undefended, and pleaded not guilty. Mr Loughnan appeared for tho Crown. John Mowlem, District Coroner, doposed that he had held an inquest on the bodv of Lucy Goldfinch on December sth."

David B. Harris, chemist, stated that at 4 o'clock in tho afternoon of December 2nd he was standing in front of his shop in Main Street. Ho saw two children on a pony in Princess Street. The child behind appeared to bo pulling the other off, and when they got a few chains down tho street succeeded in doing so. lie saw White coming towards the scene of the accident shortly after it happened. Dr. Putnam stated that he had been called in to attend Lucy Goldfinch after tho accident occurred. Trie . found her to be practically unconscious, and with a largo bruise on the side of tho head. Death took place two days after. Alice Stubbs stated that she and Lucy Goldfinch had met a man who asked them to have a ride. They refused, but subsequently they again met tho man, who asked them once more to have a ride. Several children had a ride first. and then she and Lucy Goldfinch got on. Witness was in front, and when they had gone a little way down Princess Street the horse broke into a gallop, and they fell off. Edward Lorek stated that he saw the two girls riding on the horse and subsequently fall off. He then saw White going towards the place where .they had fallen off. Charles Donnan stated that ho saw White put the girls on the horse, and shortly after saw a crowd of children standing at the corner of Princess and Church Streets. White was walking towards the crowd when someone came along leading his horse, which White mounted and rode down Princess Street towards Ferglson Street. He had spoken to White previously, and witness alleged that he appeared to be under tho influence of liquor.

Accused's evidence, given in tho Magistrate's Court, was produced and read.

Accused addressed the jury and asked them to pay special attention to MiHarris' statement. They ought not to pay too much attention to Dennan's evidence, as it was manifestly impossible that a man under the influence of drink could lift a twelve-year-old girl on to a horse. Dennan and he had had a dispute four or five years ago. Accused stated that he was doing some work in Main Street on the day in question, and had come to see some metal tipped out. He had bought the horse for his own children, and felt certain that it was absolutely quiet. Tho jury, after having retired for about fifteen minutes, returned a verdict of not guilty, and prisoner was discharged.

ALLEGED ASSAULT AND ROBBERY. Frederick James Symons and Albert Duncan Brown, alias Browne, were charged with having assaulted and robbed Robert Patterson of a bottle " of whiskey and 7s 6d in money on December 21st. Accused wore undefended and Mr Loughnan appeared for the Crown. The following jury were empanelled: — J. Follas (foreman), A. J. Collis, S. Clare, R. Obe,rg, W. Gordon, J. C. Dender, G. Bright, J. N. Clapham, T. H. Verry, H. Guy, J. Davis, and A. J. Mahon. Robert' Patterson stated that he had come into Shannon about 5.30 on Thursday afternoon, November 21st. He had a one pound note in his pocket and some silver and bought a bottle of whiskey. At about 7.30 he left Shannon to go towards Tokomaru with two men by the name of Booth and Gibson. He had about 7s 6d in his pocket then, and when ho had proceeded some distance his companions left him. He went on, and had not gone far before two others caught up to him and asked if there was any chance of a job, to which ho replied that there was, and commenced to walk on. The two men stated they would take the work and proceeded to walk along with him. They only went a short distance, however, when they decided not to go on. Witness started to walk away, when Brown (one of the accused) took the bottle of whiskey out of his pocket. Witness asked what his game was, to which Brown replied he had not got the whis-

key. They then started to walk away, and witness turned away.. Shortly after Sy.mon knocked his cap off and Brown tripped him up and held him. down, while Symon took the money out of his pocket. Witness said, "Leave me a shillin gto get a bed with." Symon replied, "Kick him," and they then made off. Witness followed them towards Shannon and met Gibson, and told him he had been robbed. They both proceeded to Shannon and witness reported the matter to the police. A search was made and ho noticed the two accused and a third man standing close to the railway lino. * To Symon: He «did know how many drinks he had. lie could not swear to Symon in the lower Court becaus ehe had grown a short beard. William Gibson stated that he and Booth had accompanied Patterson a short distance out of Shannon, and then sat down on a bank. They had only been sitting down a few minutes when Symon and another man passed, and just after ho heard Patterson ask someone to leave him a shilling. Witness went in the direction of the sound and met two men running towards Shannon, one of whom was Symon. He found Patterson standing on the road, covered with dust. On going back to Shannon he saw two men standing by the Albion Hotel, one of whom he recognised as Symon. He asked them what they had been doing, and Symon said to him: "If you know so much about it, keep your mouth j shut," and struck him. To Symon: He was not drunk on that night, and had seen Patterson change a pound note. A verdict of guilty was returned against both Symon and Brcwn.