THE SUPREME COURT.

New Zealand Herald, Volume L, Issue 15234, 22 February 1913, Page 5

THE SUPREME COURT.

CUSTOMS STREET QUARREL. CHARGE OF ASSAULT FAILS. The criminal sessions of the Supreme Court wore continued yesterday. - The Crown Prosecutor, Hon. J. A. Tote, K.C., conducted'the oases for the Crown. A. disturbance which occurred in Customs Street on January 28, resulted in the appearance of Thomas Itehan and Charles Kron, who wore jointly charged with having assaulted, with ' intent to rob, one George Broadf a master mariner. Mr. W. D. Anderson appeared for tho accused. Broadfoot, in evidence, stated that on ; Friday night. January 28, at about a' quarterpjust eight o'clock, he was walking along Customs Street. Suddenly & sack or bag was thrown over hi* KW.d, and seized him while someone else >iS through hist pockets. '.Tiid(;r cross-e:icaminationj he admitted i ho was drunk at the time of the alleged offence, and that he had only a infused recollection of what happened... Further, he admitted that he could not identify his assailants. ' K _. ■.'•.'. Several men who were in the vicinity when the trouble took place, said that they were suddenly alarmed by cries .of "I am being robbed." They had looked upon the matter as a drunken quarrel. Mr. Anderson called no evidence for the defence. In addressing the iury he said that the only evidence in support of as-, sault with intent to rob was that of Broadfoot, who was drunk at the time, and had no clear recollection of what took place. Tho evidence of the other witnesses for the : Crown, he contended, showed conclusively that there was merely a quarrel, in -which Broadfoot was the aggressor. A verdict of not guilty was returned, and the accused were' discharged. GUILTY 01? ROBBERY. PRISONER ' ADMITS CHARGES. A plea of guilty was entered by Herbert Wallace, alias WorSaan, who was charged with robbing Andrew Farmer, of a watch, a bank deposit slip,, a key and about £2 in money. He further pleaded guilty to using personal violence in committing the robbery. The accused was ordered to be brought up for sentence on Monday morning. : ' '"■' ' ' \ ' .'" -—; ' ~ .. — : ..-- SOARDmUHOUSE ASSAULT. ADMITTED TO PROBATION. John Pearson, charged with, assaulting John; Doherty, a boardinghouse-keeper at* Newmarket, was found guilty of common assault. The: jury brought in a strong'.re-' commendation for mercy. ". , His Honor admitted the accused to probation' .for* a jperiod of 12 months, and ordered him to pay the costs of the prosecution, £<J0 Bs.\-':' '■','.:' A SERIOUS OITENOE. ACCUSED FOUND GUILTS. An elderly < man named Fracak Bhodcs, represented "by •Mr. J. R. Lundon, pleaded not guilty when charged, with illegally interfering" with a little girl five years of age. After a lengthy: retirement the jury returned a verdict of-guilty.; He will be brought up for jftentence later. THE C..VIL BUSINESS. . CLAIM AGAINST COUNTY COUNCIL. Reserved for Pendants was given by Mr. .1/ustic; Coot-.'' in the case of . Moses McKinley.... V. U. » County Council, in l ' shich Ua plaintiff claimed £250 for dum'4.'e alleged to have been caused to his ;tr«d through tho failure cs the council t-:> clear *&& Mangere and Puketui Skeismis.V The plain- \ tiff also applied for a writ <$ mandamus compelling the couccil to -clear the streams in question of all .obstructions. Mk/ J. R. Reed, K.C., and Mr. Stedman, appeared for plaintiff, and Mr, McVcagh and Mr. Carruth for the ' In the-course .."of". h,i'= judgment His Honor'said that, pi rant-if owned certain allotments bounds respectively by the Mangere and Priketai streams, both of which were water«-:;m\sev within the meaning of the Land Drakage Act, 1908. V There being m drained %ard ,river board in the wh&ogarei <3ounty it was ' the duty of the coimcd ib keep the streams clear. Plaintiff alleged that the defendI aids had failed in this duty, but His Honor 1 had not been satisfied that such was 'the case. Costs wero allowed on the middle scale. . A DISPUTED WILL. APPLICATION FOR REVOCATION. An application for revocation of probate of the will, of the late James Wilkinson was made by Robert Wilkinson, represented by Mr. Prendergast. The application was opposed by Mr. J. R. Reed, K.C., and Mir. W. E. Moore, on behalf of Marcus Noble • Skelton, executor of the will. Plaintiff alleged that at the time the will was made the testator was not of sound mind, memory, and understanding. The evidence adduced showed that the deceased had three sons, of whom plaintiff was the oldest. Wilkinson, sen., lived with the plaintiff until November, 1911, after which he resided with lm youngest son, William, until his death. This occurred in September, 1912, when it was found that he had loft all m property to the youngest son. Probate was secured in due course. The case was unfinished when the Court adjourned until this morning.