AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVII, Issue 14391, 9 June 1910, Page 7

AUCKLAND SUPREME COURT.

A CHARGE DISMISSED. i . ■ i The ; criminal sittings of - the "Supreme Court "were ■ continued before Mr. Justice Chapman . yesterday. The Hon. J.: A. Tole,K.C., Crown solicitor, appeared for the prosecution in each case. : .. v ■ -•■' •The /charge/against: George Johnstone, of assaulting two German seamen named Poball and Nehring and causing them actual bodily harm by means of a soldering iron at a Grey-street boardingh'ouse one night in April, was continued. Mr. Lundon appeared for the prisoner. Further evidence for the defence was given by Henry ; Merrin, Alice Johnstone, and by prisoner himself. v ' His Honour said ; the question ; for the jury to consider was .whether prisoner had used the: weapon- in self-defence or in a state of irritation had used it unjustifiably. They had also to decide whether prisoner's evidence had been genuine and honest or not. /. /v.;- y "V . The jury returned a .-verdict of * not guilty, and prisoner > was discharged. CHARGE; AGAINST A FARMER. ■;■ A respectable s man named William John Vallilley, who is stated to be a well-known farmer in the Hamilton district, was charged with on March 31, at Whatawhata, near Hamilton, breaking and entering or attempting to break and enter the dwellinghouse of ;■; James Calder with intent to commit „ a crime. Mr. ; Reed appeared for the prisoner, who pleaded not . guilty. It was stated by Mr. Tole for the prosecution that with Calder lived his sister, Mrs. East,; and : her children. They had hardly retired after 10 p.m., when Mrs. East, heard some noise and someone coming up the step of the verandah. 5 She then heard the lifting of * a window. She recognised : the intruder as prisoner, and gave the alarm. Both she and her brother subsequently made ; a search;': but could find no one. Coming up the steps > Mrs. East picked up a- ■ bill : made out against prisoner. Prisoner subsequently admitted the bill to be his. : Considerable evidence was given ', for the prosecution- and evidence of ■■'. good character on behalf of prisoner, and the; Court then adjourned till 10.30 this, morning. • ■ ■-