SUPREME COURT.

Nelson Evening Mail, Volume XLVII, Issue XLVII, 11 March 1912, Page 6

SUPREME COURT.

MONDAY, MARCH 11 1912.

(Before his Honor Mr Justice Chapman.) The Nelson sittings of the Supreme Court opened this morning before his Honor Mr Justice Chapman. Tha following comprised the Grand Juiy; —J; Lenimer; L, VV. Ken-, A. Gould, K. S-. Crexswcll, J. H. Finne'v, vV-- Travels, I{. Catley, T. H. Condelh •T- F- , McCabe P. Scaffe, \V. G. Kerr, G. Hogg, J. H. Cock, S. Bolton, J. Boon, R. S. Booth, 0. it. Griffin. Jos. Neale, W. R. May, F. Carlisle, J. G. Littlejohn, C. D. Beatson, W. Moyes. Air Cock was chosen foreman. In a brief address to the Grand Jury his Hinlor congratulated the district on 'Tia'.ntahiing its reputation for comparative freedom from crime. The Grand Jury found a true uili oh all three counts against Harry Potter, of alleged assault. \" The Grand Jury were then thankfl by his Honor tor their attendance and were discharged. ' ' CRIMINAL BUSINESS.

REX V. POTTER. ALLEGED ASSAULT. BEFUSAL TO GIVE EVIDENCE. Harry Potter was charged -en three counts with assaulting on October 29tii, with intent to do grievous bodiiy harm, one Edith Barr. Accused pleaded not guilty. , The following jury was empanelled : John Harling, 1. G. Fairev. J. Mercer, ii. Lewis, 1 hos. Bright, Aydon, T. J, 'Harford, F. T. Curian, W. Astl«, H. Wilkins, Jas. Chintr, G. H. Logan, and Jas. Ching (foreman). . F. Aydon was ordered t'o stand aside by Mr Fell. .Mr C. 11, Fell appeared tor the prosecution. and briefly outlined the facts of the cas-e, which showed tli.-.t the woman "Barr was living with the accused. After coming, in from a walk one afterneon accused met her, without wavocation, assaulted her by striking her in the face. The assault was a serious .one, nearly breaking her jaw.- He called r-dnn Barr.

Mr- Hayes, who appeared for accused. objected to the witness- eiying. eyidoiwa. ■ilie' JnitV", bucii married Co ' :sihcegiving- e\ rdiiiu-e in the lover coiirf.

t ' Hi? ' .H'.rtllJ.r-' said ■ ho. n'lji.il.i :nute .Tvi r Ifii ves' objection. < I- IVi ;'i.-:;v.'t.r to his ilttiiftr,- ;th<S :A\-itiiess said' sll'e '.rjis mari'icii to acuiis'ed Vm-Jvtb nißi-y 23rd'. -.'and" ■rit'iiee against hini. ■ . . ' V In answer to Mr. 2* eil" nn»- xviineus •he, bsid,"ae-vei 1 bceii marrit il 'bofeve." She had-been in New Zealand; neiii-iv twviy; months, and had been living with accuser for two or three yeais belore -marriage. ro.. "w'.aiK "i hi o b.- ti'. ele to her li :;l I'V ::i g'e' .To 'h:« • lioftor: She h»d n(>: r«-n.*sij iviiilipos.c tiuit'Potter \vn? 'a- rasriicd 'hiii'., ; f| Mr Fell .said- that--._!ih_-;ba-d no -evidence prove'ithe of the witness, and if srie;'refused to give it lie \vi uvi be iinabie lo proceed' with ;he case..

In his address to the jury his Bon.'>i wi't lhat the'accusVd* had been, oomtn'.it.1 I f i tria-1 in the lower court.' ' but since his committal the woman had mar--it'd the defendant. The law in thi: 'OLmtry was that a woman was ? coTppe. tept, witness against, her husband, bni not compelled to give ovid-enee igainst him. - Tile woman here refused to. give evidence, and in the absenc > of his evidence they had none. Therefore 'b'-wnn,.their, dutv to- find a--verdict- of not guilty, as tliev had no cv:dence on ivl'i'jh to :b.s's,e their'verdict, -

' His Honor declined to' reserve "a porfct■■a d Mj Fc'l

'' Tiie jury.'.\Vithoui';TC-f:ring,'.-1hi'n 'found 'ccns{vl 'liot Suilty.. a:id hn \v:i3 c]',barged.

[ . , liN DIVORCE. v oiui v. our:. Sarah Orr applied for a divor.ciigaiiist her husband Eric Orr, on tin. ■'{round, of desertion. ■Mr.Harley, who appeared for pet.'.-, cioiler, in outlining the . case, said thai respondent, left his wile in ftepiember. .9Utf, and went to a Maori village Jatwera, where he lived. with the Maori;j Vbr 12 months; Since then he had <i:a.Upearedr An order l'or substituted sor"ice had been mado by the Chief Jus--and .had been duly advertised. .Sarah Orr, of Washington Valley,, swora, stateH that she was -to per husband at Wellington 011 1 lili fune, 1694, and had sine-- lived with him n the North Island and at Nelson. M wid left her-two years ago last Ne> '/ear's Eve. They had -separated the jest of friends, he staling- that lie ■. \ya', joing to Puponga to work at the cba nines./■■ She. however, believed thr.t- Invent to Mctueka.. He .did net write t her or ssnd . her any money and shi had heard' nothing. of him for 2i months, when she received a telegram from h;& brother-in-law asking ■ her to: meet:' hir tusbaud in Nelson. Shj met- her husband in Trafalgar-street, and after a' few words, they parted, and she had no! 'aeard cf him- since.' There were three ihildren of.- the marriage, l and her- liua'jand had contributed, nothing to their support. She toik proceedings again't aim for maintenance, and had received two payments, of £3 15s iQd and £4"ihe had raa-de efforts to. trace her hus? (and.

John -Adnins, .native-, interpreter, of Ha\vera,.,gave ovideneo- that.- a photograph (oroduced) was that of the accus-, ?d. , whom he knew by the name of -Wilson.' duriinr the latter part of 1910. Ffo (respondent) was then livincr two miles out ot Hawera with--a Maori wonan, lis her husband. '-Haki Ake Tina, • the•• co-res.por.dent. sailed-by-Mr identified the phoograpli (produced) as thabCot Wilson (respondent) had been' living with ' her, -but without the knowledge of her relations. He left her. about last .Cfinstnae, and since then she had no- knowledge of his whereabouts. The evidence of this witness was w-rr-eted by the last witness, who w.i; uvoi ii 'or the pill-pose! Forma! iii regard to the_nwun- • t'cnaiwe.-sorder'- nroceedinits m the Tvlav.l ■''imi'VCourt was given .by-.-E.. C. -Kel.vijig;,Clerk of-the Court. ' His Honor made a decree nisi, -to b nade absolute in thre e mouths, and -an. i nterim "order for the cnstcdv of the dnldren pending the decree absolute, with >cstV on'the lowest scale. . s IN BANKRUPTCY. Alfred. John Hnlme, butcher, of ColKngwocd, for whom Mr Maginnitv appeared, applied for an order for his dir>ebnrgo from bankruptcy. .. Mr Atkinson opposed the application on behalf of several creditors, i vMr Afaginnily said that no application was before the. Court for a miblic examination, and (he Official Arsignee had cx-tn-esscd no desire for the examination othp bankrupt. The report of the OlTioia", A wignce was on the whole of a favourable nature. T;ie petitioner was then examined bv Mr Atkinson as to thc'conduct of his-bii-•iness. . . ; - : (Left fitting )