AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVI, Issue 14220, 17 November 1909, Page 5

AUCKLAND SUPREME COURT.

CRIMINAL SESSIONS.

- - TRUE BILLS.

The criminal sessions of the Auckland Supreme Court were continued, before His Honor Mr. Justice Cooper, yesterday. The Hon. J. A. Tole, K.C., Crown solicitor, appeared for the prosecution in each case. The grand jury disposed of the balance of the charge-sheet, finding true bills in all the remaining cases, as follows:— Vincent Challoner, indecent assault, Auckland. Walter Henry Grantham, theft from a dwelling, Auckland. Leonard Cosgrove, forgery and uttering, Te Awamutu. Leonard Cosgrove, false pretences, Te Awamutu. Reginald Pearson, theft from the person and doing actual bodily harm with intent to resist lawful apprehension, Auckland. - Walter' Clues, alias William Bailey, and Joseph Phillips, assault causing actual bodily harm, Auckland. William Preston, theft from a dwelling, Auckland. Christopher Rynan, theft from a dwelling, Auckland. Arnold Hare, demanding with intent to steal, Auckland. Bertram Sylvado, assaulting a constable in the execution of his duty so as to cause him actual bodily harm, Auckland. Thomas Goulton, breaking, entering* and theft, Whangaroa. Eliza Agnes Monaghan and Herbert Humphries, perjury, Auckland. Albert John Pennaligan, Albert Edward Homan, and Arthur Robert Purcell, assault and robbery, Auckland. Walter Riley, alias Brown, breaking, entering, and theft from a dwelling, Auckland. Edward Plowman, assault causing actual bodily harm, Auckland. Frederick George Arben, alias Hughes, and Peter Alexander, alias Colombo, forgery (two charges), uttering (two charges), Auckland. ' Frederick George Arben, alias Hughes, and John Sheehan, forgery (two charges), uttering (two charges), Auckland. Matiu Ngatimo Hohepa, murder and attempted murder, Auckland. Mark Menzies, indecent assault on a girl of eight and wilful and obscene exposure, Auckland. James Giddiss, robbery with violence, Auckland.

A RAGLAN RESIDENT'S LAPSE. Frank Hawthorne Sutton came up for sentence on remand on five charges of forgery and one of falsification. Mr. Reed, who appeared for tho prisoner, said he belonged to a very respectable family residing for many years at Raglan. Accused himself had always led a respectable life up till quite recently. He neither drank nor gambled, and was not in want of money. He was also a member of the Raglan Town Board and the School Committee. In fact, it was an absolute mystery to his friends how he had come to commit . the offences. Since he had been charged with the present offences he had been convicted in the lower Court of theft.

Albert Richard Langley, harbourmaster at Raglan, said he had known accused for 25 years. It was only during the past three or four months that accused's conduct had not been irreproachable. The probation officer's report produced was unfavourable to the accused, as was also evidence given by Constable McMahon. called, by the Crown.

His Honor said all the -offences, which extended over a long period, had been committed on a local body, of which prisoner was a member. Prisoner would be sentenced to nine months' hard labour. THEFT ON A VESSEL. William Cheesley also came up for sentence on two charges of theft from a vessel. His Honor said prisoner's certificates for a long period were very satisfactory, and, moreover, the articles stolen' only amounted to 30s 6d ; but he (His Honor) held very strong opinions on the question of officers or stewards stealing passengers'luggage. Accused would be sentenced to one month's gaol on each charge, the sentences to be concurrent. * • __ AN ASSAULT CASE. The .case against William Duncan and Mark Craven Richards, charged with assaulting an elderly married couple named Duomovitch at Neavesville, near Thames, so as to cause actual bodily harm, was continued. His Honor, in summing up, said the evidence for the prosecution was not sufficient to prove the accused jointly guilty. In order to prove that both were guilty, the Crown must show that the assault was committed by both accused jointly and with a common intention. If the jury put more value on the evidence of the prisoners than in the evidence of the witnesses for the prosecution, who had no interest in the affair, they should acquit the accused, but if they placed some value in the Crown's evidence., then they must convict both the prisoners. If they thought the circumstances of the case did not justify a verdict of malicious assault, they could modify their verdict to the minor one of assault, with actual bodily harm." Still they must remember that the Duomovitchs' injuries had been very serious. The jury, after a lengthy retirement, brought in a verdict of not guilty against Richards, and found Duncan guilty of common assault. Sentence was suspended tilll this morning. . .;

GUILTY OF ASSAULT. Mark Craven Richards was then charged with assault on a young man, with the intent to commit an unnatural offence. Prisoner pleaded that it had been nothing but a joke. His Honor advised the jury that if they were disposed to accept prisoner's plea they would have to bring in a verdict of assault. There was no doubt whatever that a common assault had been committed. The jury found prisoner guilty of common assault, sentence being deferred. SEVERAL* CHARGES. William Miles, alias Alfred German, pleaded guilty to, on divers dates, the theft of money and jewellery, of false pretences, and of receiving stolen goods, and not guilty to, on September 7 last, breaking and entering the counting-house of the Auckland Electric Tramways Company. Richard E. Lewis, clerk in the employ of the Tramways Company, gave evidence as to finding accused on the Tramways Company's premises, and having a struggle with him. As far as witness was aware, nothing had been stolen. Witness found a basement window forced open. 'Alice Lewis stated that, hearing a noise, she went down below, and saw prisoner behind the counter opening and shutting drawers. When he saw her he bolted for the front door. She called out, and her husband came down. Witness corroborated much of the previous witness' evidence. Evidence for ..the prosecution was also given by Henry A. Dandro, Constable G. L. Cleave, and Detective E. W. Scott. Prisoner said that, owing to injuries he had sustained to his head about 18 months ago, he just walked about in a dream when he took a drink or two, and was not then responsible for his actions. He swore he had an appointment with Mr. Dandro either at the tramways office or the powerhouse on the evening in question. He had been drinking that day. All he recollected in consequence was his appointment. • As a matter of fact, he did not come to until he found himself in the lockup. Mr. Hackett asked the jury to look at the whole of the circumstances of the case before coming to a decision. It had not been proved that the man had broken into the premises with a criminal intent. His Honor summed up, and the jury, after retiring, found prisoner guilty. Sentence was postponed till 10 o'clock this morning.