THE SUPREME COURT.

New Zealand Herald, Volume L, Issue 15235, 24 February 1913, Page 5

THE SUPREME COURT.

CARGO THIEVES PUNISHED. POSITION OF TRUST ABUSED. 'URGE'S SEVERE COMMENT. Cargo pillaging is becoming f.'.r t< :> cc»-iitiOii,' said Mr. Justice Edwards m sentencing H,-.;ry Ferguson Ciark. wharilabourer, for that offence at the Supreme Court on Saturday. "It must be put down " His Honor continued, in the interests of honest people, on whom the burden of paying for the lost cargo falls. In these hard times honest people cannot afford to pay to keep disreputable men like you idle." Clark and Frederick Hyder were severally and conjointly charged with having stolen five dozen pairs of socks either from tho wharf or from the hold of the s.s. Mokoia on November 21, and also with receiving stolen goods. Both prisoners wore unrepresented by counsel, and pleaded " not guilty."

Tho Crown Prosecutor, Hon. J. A. Tole, said that, Hyder was an able seaman in charge of No. 3 hold on the Mokoia, and his duty was especially to prevent pilfering. The goods named in the charge had been part of a consignment to Messrs. Archibald Clark and Sons, of Auckland, transhipped from the Rotorua at Wellington and brought to Auckland by the Mokoia.- Hyder in his statement to the police had said that Clark had opened the case, and ho himself had received some of the goods, and Clark stated that he had taken the pocks from an open case, and given some to Hyder. Considerable evidence was given in support of the charge, but the prisoners elected not to go into the witness-box. The hirv after a short retirement brought in a. verdict of guilty against .each of the accused.

The accused were then further charged with th© theft of 13 pint bottles ot beer • and a book from the Mokoia's cargo. and the jury again returned a verdict of guilty. Clark, who had a fairly lengthy list of convictions against him, was sentenced to two years' hard labour on each charge, the sentences to be concurrent. Addressing Hvder, His Honor said that it pained him to have to send a man with a previous pood character to gaol for the first time. The offence was a most serious one, however, especially in the face of the fact that he had occupied .1 position of trust, and that it was his particular duty to prevent such dishonesty. He would be sentenced to 18 months' hard labour. ELDERLY MAN'S OFFENCE. Thomas Lock, an elderly man, for whom Dr. Bamford appeared, was charged with assaulting a girl of 15 years on December 30 last. The offence was alleged to have been committed at the corner of Lome and Wellesley Streets. The jury returned a verdict of guilty, and sentence was deferred till 10 a.m. to-day. civil s£ss:o*rs. A DISPUTED WILL. The civil sessions of the Supreme Court were continued on Saturday before Mr. Justice Cooper. The hearing of the application for revocation of probate in the will of James' Wilkinson, on the grounds that the testator was strange in his maiftier when the will was made, was continued. Mr. Prend-ergast appeared for the plaintiff, Robert Wilkinson, and Mr. J. P.. Reed, K.C.. with him Mr. W. E, '.Moore, appeared -for Marcus Noble Skclton, the executor of the will. After a considerable amount of evidence had been heard in Mipnort of the application, the case was adjourned until after His Honor's'return from Oisborne. DIVORCE MADE ABSOLUTE. A decree absolute was granted in the divorce case, of Arthur Leopold Raven against Jessie Can- Raven and Herbert Chapman. No order was made as to the custody of the one child by the marriage. Mr. *R. A. Singer appeared for the petitioner.