SUPREME COURT.

New Zealand Herald, Volume XLVIII, Issue 14868, 20 December 1911, Page 7

SUPREME COURT.

PRISONERS SENTENCED. THE PARNELL SHOOTING CASE.

The middle-aged woman, Annie McConnell, •who was convicted early last week on a charge of having wounded Thoma3 Madigan at Parncll •by shooting at him with a revolver and thereby causing him actual bodily harm, was to have been brought up for sentence before His Honor Mr. Justice Edwards at the Supreme Court yesterday morning,'but was too ill to appear in Court. Sentence was accordingly deforced until the next circuit * sittings of the criminal Court. \

His Honor has already intimated that the sentence will be two years hard labour and a period of detention (as yet unfixed) for reformatory purposes. • • •

FORGING A BILL OF SALE. , . ■ A young man named j Denis .Andrews, who had pleaded guilty in the lower Court to a charge of having forged his brother's name to a bill of sale over certain furniture, was presented for sentence. , » Mr: E. J. Prendergast, who appeared for the prisoner, asked for leniency, as the offence had been committed under considerable temptation , » ,_ J

His Honor said the- case was not one for the granting of probation. He did not think he would be doing his duty if ho failed to disabuse the minds of a, certain; portion of the community of the idea which appeared to * possess them that no matter what the crime committed was the perperator of it would escape prison if it was his first offence.. This His Honor regarded as a mischievous notion which.was too commonly held. , The sentence of the ■ Court was one year's imprisonment with, hard labour. ':-;,. >S "•■-',' ••-,' S - • ; ;■ • '-■;■ -■'■■■■ •

A MEAN THEFT. '•/;, ; Arthur Hickmott, who at Napier had been committed for sentence on a charge of breaking, entering and theft, came before Honor. ''."•' '■ , Mr.. W.E/Hackett asked the Court to extend clemency to the prisoner, who was only .i; 5 years ot age and had given way to sudden temptation. , '" •-.»•'--•• // \ ",, ■ His Honor pointed out that the man.had broken into the house of a woman with whom be had been boarding. ■ She was an old age pensioner, and the prisoner had stolen the sum of £10 from her,', and in addition "ho- had been , guilty of another theit committed at Auckland for which, he was serving a sentence, of two months' imprisonment. Ho was sentenced -f. to 12 months' imprisonment with hard labour,' to bo followed by a period of detention for reformative : treatment riot to! .exceed -. two years. ■. ■:. — '• - ;, - ; : y> ••.v.-*'.- '"•'.' ,

:. BREACH OF PROMISE v CASE. ' HIS HONOR MAKES AN ORDER.. Judgment was given in the.' Supreme Court some months ago for plaintiff for £300 in the breach of promise action ; of' Gertrude Gardiner v. Frederick Eaton. The evidence showed that the plaintiff, had become engaged to defendant in England, and when ho returned to the Dominion ho sent money to pay her passage out. When she arrived hero he placed her ,in lodgings, but later, on informed, her that ho was already, married. The judgment of. the Court had not been satisfied... Proceedings were- taken in Chambers for the purpose of examining defendant and his.sister ; with regard to a bill of sale over defendant's furniture, alleged to have been,given by him to .his sister and dated four' days prior to the commencement of tile action. Defendant gave evidence that he had borrowed £50 from his sister for.the purpose ; of making an offer to plaintiff for. a com-, promise. As he found such an offer \ would not be accepted he had used.the money for other purposes. He could not satisfy the judgment, as his earnings were only £2 10s per week, and" he had a wife'and child .to keep. This statement was endorsed by his sister. ■ •-- y.v,-.;, ', •- His Honor made an order for £1 per month towards the satisfaction of the judgment, together with £3 3s costs, the bill of sale to remain intact. Mr. E. McVeagh appeared for plaintiff and Mr." M. G. McGregor for defendant. • ~■,•:..■■.