AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVIII, Issue 14691, 27 May 1911, Page 5

AUCKLAND SUPREME COURT.

A FATHER'S FORGERY.

TWELVE MONTHS IN GAOL.

The criminal sessions of the Supreme Court were continued yesterday. His Honor Mr. Justice Chapman was on the Bench, and Mr. J. A. Tole, K.C., prosecuted on boh a.lf of the Crown.

Nicholas Easterbrook Thomas, who was found guilty two or three days ago on a charge of having forged the name of his son to a cheque for £98, which was paid by the bank, was brought up for sentence. Mr. Baxter, who appeared for the prisoner, asked that lenient treatment be extended to him. He was a man who appeared to be addicted to infrequent excessive indulgences in liquor. Previous to the outbreak which resulted in the commission of this offence he had not touched drink for two and a-half years, but had been a hard-working man. It was asked that the provisions of the First Offenders Probation Act should bo extended to him, on condition that the money was repaid to the bank.

His Honor refused this .application, and said prisoner had exhibited considerable cunning in concocting his plot and working it out, and it seemed to His Honor ho had carefully designed to swindle the bank. The crime was said to be due to drink, and if a term of imprisonment did not cure him of that habit, nothing would. Prisoner was sentenced to 12 months' imprisonment with hard labour. Mr. Tole asked that the sum of £2 9s, found on the prisoner, should be handed to the bank, but His Honor said he could not treat that sum as a specific chattel belonging to the bank, and it was better not to complicate matters by making such an order. *

ADMITTED TO PROBATION. A married woman, 27 years of age, named Elsie Jane Smith, was brought up for sentence on a charge of having performed an illegal operation on her younger sister. Mr. VV. E. liackett, speaking on behalf of the prisoner, said the matter had come before His Honor Sir.- Justice Cooper last sessions, when probation was asked for. His Honor then seemed to have a doubt as to whether probation was applicable in such a case, and said he would mention the case to his brother judges, as he would not be here to deal with it.

His Honor said ho had been in communication with Mr. Justice Edwards on the matter. The case was a serious one and he had given very careful consideration to it and to the circumstances surrounding it. _ He had come to tho conclusion that it was not necessary, in the interests of public justice, that prisoner should be sent to gaol. Her crime had been committed not from any sordid monetary _ motive, but, as she wrongly thought, in the interests of her younger sister. r lhe prisoner was ordered to come up for sentence when called upon.

WHANG ARE I MURDER CASE. On the application of Mr. W. E. Hackett, His Honor and the Crown Prosecutor agreed to arrange that the charge of murder preferred against a young Maori named alli Kaka shall not come before the Court earlier than Monday next. SIX MONTHS FOR THEFT. Patrick Lockett, a well-dressed young man, whose trial on a charge of tho theft of a £5 note from Adam Cameron, was commenced on the previous day, was again placed in the dock. Mr. J. R. Lundon, who appeared for the defence, said that prisoner s explanation of the ease was that ho had been working in tho bush on surveys, and had come ,to Auckland with some £33 on him. He had a good deal of liquor, and having lost his mate, went to several hotels looking for him. When outside the lhistle Hotel, Cameron ran against him and accused him of having stolen £5 t rom him. Prisoner at once said, "What arc you talking about? I've got any amount of money of my own," at the same time showing Cameron a £5 note. Cameron "grabbed" his hand and called the police. fhe jury deliberated for 15 minutes, and then found prisoner guilty. He was sentenced to six months' imprisonment with hard labour, His Honor remarking that had he not entered the witness box and committed perjury he might have been admitted to probation.

FOUR YEARS FOR MANSLAUGHTER A seaman named William Osborne, who pleaded not guilty to a, charge of manslaughter in connection with the death of a woman named Marv Gilchrist, was placed upon his trial. Prisoner had been living with the woman, and during tho course of a quarrel ha struck her several tunes with such violence that she died a few days later. The jury found tho prisoner guilty, and he was sentenced to four years' imprisonment with hard labour, His Honor remarking that although ho did not suppose the prisoner intended to kill tho woman, he was, nevertheless, responsible for her death.

A SERIOUS CHARGE. Daniel Cuthbort O'Brien, a young man, pleaded not guilty to a charge of having indecently assaulted a young girl at Ponsonby, on April 14 last. Mr. Lundon appeared for the defence. The case was not concluded when the Court adjourned at six o'clock until the following morning.