LAW AND POLICE.

New Zealand Herald, Volume XXXII, Issue 9774, 22 March 1895, Page 3

LAW AND POLICE.

SUPREME COURT.— Sittings.

Thursday. ' [Before His Honor Mr. Justice Conollr.) KILLING AND STEALING A COW.

Fredk. Edwin Good, who, on the previous day, had been convicted on a charge of killing a cow at Northern Wairoa, the property of Maurice Harding, and stealing the carcase, was to have been brought up for sentence, but His Honor now directed thab he should be brought up next morning. UNNATURAL OFIfBNOE. ' The trial of Beverly Pearson, charged with attempting to commit an unnatural offence, and of Walter Lydiard, a boy 13 years of age, charged with aiding and abetting, which had been opened on the previous afternoon, was resumed. Mr. Tole prosecuted on behalf of the Crown, ] Dr. Laishley' appeared for the prisoner i Pearson, and Mr. Baume for Lydiard. The examination-in-chief of Detective Grace, which had already been led to some length, was continued, and his cross-examination was lengthy. Acting-Detective Quirk, who was " assisting Grace, gave corroborative evidence/ Dr. Lindsay and John William Crowe, a settler, gave evidence for the defence. Council addressed the Court, Dr. Laishley first, then Mr. Tole in reply, and then Mr. Baume, after which His Honor summed up the evidence. The jury retired at twenty-five minutes^;past three o'clock, and returned at five minutes to tour with a verdict of guilty against each prisoner. When Pearson was challenged as to what de had to say why sentence should not be passed on him, he said, "I am innocent. I declare in the presence of Almighty God that I was never in the position with regard to this boy sworn to by Grace and Quirk." Mr. Baume addressed the Court on behalf of the boy, who was crying bitterly in the clock. His Honor offered to defer sentence in order to give Mr. Baume an opportunity of calling witnesses. Dr. Laishley asked a like indulgence on behalf of Pearson, and His Honor deferred sentence until two o'clock next day.' THE PERJURY OASES. John Hcrrington, a young man, was charged that, at a sitting of the Supreme Court, on the 18th of December, 1894, at the trial of Abraham Bowden (for perjury committed by him in the assaulb case. Dawson v. Bowden, heard at the Stipendiary Magistrate's Court), he committed perjury, by swearing that between ten and eleven o'clock on the night of the 29th of Augusb, he saw Bowden drive a cab up Queen-street, iu front of Dawson's cab, and saw Samuel Given drive down in the other direction, and that nothing transpired between Bowden and Dawson, on thab night. The accused pleaded guilty, and when challenged, said he had nothing to offer why sentence should nob be passed on him. His Honor, addressing .the prisoner, said he had committed a very serious offence, and for which he might be punished with a severe penalty, but he (His Honor) believed that he, a youth, was led away by the man on whose behalf he gave evidence. He (His Honor) understood that since his committal, his conduct had been good, and prior to that he bad been industrious and ' conducted himself well. He did not think it necessary that the accused should be sent to prison, to associate with bad characters, bub he should be careful not to come again before the Court, for this conviction would be recorded against him. He would be admitted to probation for twelve months. Daring that time he would have to report himself, and if he committed himself, he may be brought up and sentenced for this offence. James Hay was then charged with having committed perjury on the 19th December, at the bearing of the charge of perjury against Abraham Bowden, by swearing that he saw Given drive between the cabs driven by Bowden and Dawson, on the night of the 29th of August, and thab Given struck Dawson with a whip. Accused pleaded guilty. _ Mr. Baume addressed the Court in mitigation. He said the case was in many respects similar to the last. The accused was a cabman in the employ of Abraham Bowden's brother. He was a young married man, and he asked for the clemency of the Court. He (Mr. Baume) understood that hitherto the accused had borne a good character. His Honor said there were two convictions against him, one fourteen years and the other nine years ago, but these were for trivial offences, and nothing was known against him since. Mr. Baume asked His Honour if he could not admit the accused to probation, to order him to come up for sentence when called on. He had not committed perjury to save or benefit himself, only to get Bowden oub of trouble, and Inspector Hickson had just informed him that beyond the two charges referred to, by His Honor nothing was known against the accueed. His Honor called Detective Chrystal, who said accused came to Auckland in March last from Sydney with Bowden, but he had been here before. Since his committal he had only done occasional jobs, and he had been quiet and orderly in his conduct, more so than before his com-. raittal. His Honor," Then he has been better since Bowden was committed to prison, and he was removed from his influence." Detective Chrystal: " Yes, Your Honor." His Honor said he would give him a chance. He was a young man, and he would admit him to probation for 12 months, during which he must report himself. He would be under supervision, and if he committed any other offence during that time he would be liable to be brought up and sentenced for this offence. He did not know that he was quite within the law in admitting him to probation, but as the offences of which he had been convicted were very trivial and had occurred so many years ago, he would strain a point in his favour. 1 ANOTHER CASE OF UNNATURAL OFFENCE. Ah Mow, a Chinaman, was placed in the dock on a charge of having on the Bth January, at Devonport, attempted to commit an unnatural offence. Thomas Quoi interpreted and Mr. O 1 Meagher appeared for the accused, who pleaded nob guilty. The panel was exhausted when there were three short of a jury. lb was necessary, therefore, to wait the return of the jury which had just retired on the other case. On their return the panel was filled from their number and the trial proceeded. A plan of the locality was pub in by Mr. Mackellar, surveyor, and some evidence in support of the charge was given, after which the Court adjourned until ten o'clock next morning. " In Chambers. v " His Honor held a shorb sitting in Chambers this morning before resuming the criminal sittings, and disposed of the following applications :—

John Fitzgerald v. Kapai-Vermont G.M. Co. (Mo Liability).—This was a claim by the plaintiff as a shareholder in the Vermont Company to be included in the allocation of shares in the KapaiVermont Company, and for mesne profits. Mr. Buddie appeared for the defendant to apply for an extension of time in which to file a defence to the action, and Mr. Theo. Cooper appeared for the plaintiff. After hearing counsel, His Honor allowed a month's extension of the time within which to file a defence, and allowed costs £1 Is to the plaintiff.

William Adams v. A. Austin and J. B. Williamson.This is a pending action to determine the ownership of the racehorse Ben Godfrey. Mr. Buddie appeared for plaintiff, Mr. McAlister for the Official Assignee, and Mr. Cooper for the two defendants. .The motion on summons was to have Mr. John Lawson, Official Assignee in the bankruptcy of Stuart Lyell, joined in the action. After hearing counsel, His Honor dismissed the summons with costs £2 2s, and disbursements to the defendants, and £1 Is to the Official Assignee's solicitor unless * defendants indemnify Mr. Lawaon against costs of action, in which case he is to be joined as defendant;.the action not to be tried before Friday, 29th instant, indemnity, if any, to be given before 1 p.m. on the 23rd instant.

MAGISTRATE'S COURT.-TmrBSDAy. ■' [Before Mr. H. W. Nortbcroft,S.M.J

Undefended Cases.— the following undefended cases judgment was given for the plaintiff with costs :—John McGowan, Commissioner of Taxes v. Arthur Pittar,as agent for the liquidators of the Great Barrier Land', Harbour, and Mining Company, claim £51 14s 6d, and costs £2 2s; Sharp and Co. v. William. Low, claim £21 11« Id (judgment was given '. for £10 Is Id and coats £2 8s 6d) ; Sargood, , Son, and Ewen v. Isaac C. Taylor, claim" £10 4s' 7d, and costs £1 15s 6d ; David . Gouk v. E. A. Hay, claim £4 19s lid, and costs lis ; W. S. Wilkins v. William McManemin, 4 claim £3 Oa 2d, and costs lis ; Joseph. Ebrmao t#

Jonas Oreck Persons, claim £2 7s 6d, and costs 6a; Alex. Aibken v. W. T. Fletcher, , . claim £2 10s 4d, and costs lis; Victor Cornago v. George Hamilton, Jan., claim £6 B.s 6d, and costs £1 5s 6d ; Agnes Bond v. Cecilia Potts, claim £2 Bs, and costs 6s * Sydney Dando v. George Kiebb, claim £3, and costs 9s. ■■ ' r [;*

, Mabk Simon v. The Northern Steam ship Company, Limited.—-Claim, £10 dan* ages for alleged delay in delivery of goods, Mr. Burton appeared for the plaintiff, and, Mr. Heskebh for the defendants. The plaintiff was non-suited with costs, £4 ss. • Hibernia Smyth v. Patrick McGee.— Claim, £8 8s for a quantity of wood and one cow. Mr. Nicholson appeared for the plaintiff. Judgment was given for the amount claimed, with costs £117s.