AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLI, Issue 12726, 1 December 1904, Page 7

AUCKLAND SUPREME COURT.

\\ CRIMINAL SESSIONS. : i*Th.b ■ criminal session's of the Auckland Su-. I inigrno Court were resumed yesterday morn- ; ing before His Honor Mr.' Justice Edwards. ; The Hon. J. A. Tole was present, as Crown Prosecutor. ' ■ . CARGO BROACHING. - '* Joseph Gilliland, George Nicholson, and John llenuessy were brought forward for sentence on a charge of receiving stolen goods from the vessel Rakaia, the accused having pleaded guilty to the charge earlier iii the scions. Mr, Blomfield, who repre- : sented the accused, pointed out the previous | g6od behaviour of the accused, the assist,i ance they had lent, the authorities. iu the case, and* the fact that they had spent three months in gaol awaiting trial. His Honor stated that this particular kind of offence was getting too common, and he was determined to inflict punishment on cargobroachers in Auckland, 'with a view to suppressing the evil as much as possible. "It was his intention to mete out substantial imprisonment when offenders'were brought before him, out while he would nob commence with the present prisoners,/.the punishment would be such as to mark a new era in the history of cargo-broaching in this port. A (sentence of six months' imprisonment was imposed.

A SERIOUS OFFENCE. Frederick Eadloff, who was defended by Mr. Bloinfield, denied a charge of attempted rape on a girt 12 years of age, at- To Kopuru on September 24. Evidence was given for the, prosecution by the mother, the child. Constable Scott, Dr. Hdrton, and John Sharps The accused did not give evidence,. and Mr. "Blomtield addressed the jury on his behalf.

A verdict of guilty was returned by the jury against, the accused on the. second and third counts. The accused pleaded his innocence of the charge preferred against him. His Honor remarked that he thought prisoner was without doubt guilty of the offence, and the jury thought so* also. Children, he said, had-to be protected, particularly young children, and the offence of which prisoner was guilty was a'mostabominable one.' ; Prisoner "was liable to seven years' imprisonment on each count, and Hie Homoi* would have to deal with him as the law intended he should be dealt with. A sentence of live years' imprisonment was imposed. ■:-' :"' _ .

EXPLANATION OF A "MISTAKE NOT .• CREDITED. v •' , ;

■ :A f young half-caste Maori named John Johnson denied a charge '.preferred against him of indecently assaulting »a married womaw named,. Agnes Allen,, at Auckland, on the night of February. 3o. Mr. Blomfield defended the accused. .

.It transpired, in the course of the evidence for the prosecution, that, complainant and her. husband rented a. couple of rooms in a house in Duke-street. On the night in question, complainant was awakened by a man being near her, and she called her bus-" band, .upon which a person wits heard to leave the house. While standing outside Ids door .subsequently, the husband saw accused, who walked past the termer's house twice, ~ each time closely scrutinising the window and door. The husband accosted accused, and when the latter \ spoke recognised his voice to be that of a man whom; the witness had seen at the side of his house a couple of days previously. -J The prisoner admitted that he was the man who had beenin another part of the house,:with?i» ship:, mate. The following day the. aciTt£eft-:cpu-fessed to the husband that he had gone into the house and put his arms round the neck of the complaauant. Sergeant Kelly .stated that the accused had confessed to him his guilt. He had previously borne an excellent character. Three witnesses were called for the>deleHce to prove the good-character of the accused. The accused; on/bath, said he had' been drinking on-the night, iu..questio«,.#nd, :i . going into this particular house,,'.be. under the impression that the rooms were tenanted by another person, whom he had visited about a, month before. .He blew out the candle and approached the woman. Mrs. Allen said' she had lived in the rooms for seven weelte.

■The jury brought in a verdict of guilty against accused. His Honor deferred sentence till .Saturday morning. . CHARGE OF RECEIVING.. ,- -Percy McMillan, a youug man, who was not defended by couusel^pleacled' not guilty to breaking and entering the dwellinghouse of Walter Burmmd', of Richmond Avenue* on August 15, and stealing therefrom several articles, besides 10s 3d in money, and also having in his possession a pipe, knowing it to nave be-on dishonestly obtained. '■-■:■■:■*'■ •■'. V , The house, of the complainant was broken into, and later accused pawned -a pipe,, which was stolen from the dwelling. ~j«.-:: , ,A. Lindsay identified the aeoused as, the person who sold him the pipe for Is. ,",.,,.."'.'., ; Accused, in evidence, stated that he was .ii. Wellington and surrounding districts look- , ing fur work at the time the crime was t-ims-j milted. He denied selling the second-hand I dealer the pipe. . . j The jury found accused guilty on the count of receiving, ana sentence was deLfcrred till Saturday.