SUPREME COURT.

New Zealand Herald, Volume LIX, Issue 18018, 17 February 1922, Page 3

SUPREME COURT.

THE CRIMINAL SESSIONS.

TWO JUDGES OCCUPIED.

CHARGES OF DISHONESTY

Criminal cases occupied the attention of two Judges at the Supreme Court yesterday. Mr. Justice Stringer presided in the downstairs Court, where all day was taken up hearing s. charge of attempted rape brought against J. J. Packer. Mr. V. R. Meridith prosecuted. In the upper Court, an uncompleted case was concluded, before Mr. Justice Herdman, another partly hearll, and one plea of guilty entered. Mr. S. L. Paterson appeared for the Crown.

STOLEN GOODS IN POSSESSION.

TWELVE MONTHS IN GAOL.

A conclusion was reached in the case in which William Barnett (Mr. Luxford) was charged with the theft of a watch chain, medal and sovereign case from ;i man in a restaurant iu Victoria Street, and of receiving stolen goods. Several more witnesses were examined for the prosecution. No evidence was called for the defence. In addressing the juiry, Mr. Luxford claimed that the Crown had not succeeded in showing definitely that accused had taken the watch and ohain. The whole story, he declared, contained so many discrepancies as to leave it very much m doubt what had happened in the restaurant.

After about half-an-hour's consideration, the jury found the accused guilty of having the stolen property in his possession.

On prisoner's behalf, Mr. Luxford said that while accused had been in trouble ,a number of times before, his more recent record had given evidence of an attempt to reform.

His Honor said accused's record was a bad one, his criminal career extending over 17 years, and including thoft, breaking and entering, and assault. He was Bcntenced to 12 months' imprisonment with hard, labour,

CHARGE OF ALTERING RECEIPT

TRANSACTION AT FRUIT MART. The alleged alteration of figures on * receipt form, leading to the obtaining of £3 by faJso pretences, and the attempt to obtain four cases of apples, was responsible for tlio appearance of William Snelling (Mr. A. Moody) in the dock, charged with, forgery and false pretences.

The oircumstanees, as detailed by the prosecution, were that on December 21, accused, a hawker, bought four cases of apples at 5s a case from Messrs. Turners ami Growers, auctioneers. Paying for them, he was given a receipt invoice, and obtained delivery of the app'es. A little later he returned with an invoice, showing a different number, and purporting to be in respect of four cases of American apples at 15s a case. The line indicated by the number, however, had been wld to another man at 18s a case. After the matter had been discussed for a time, the clerk, assuming that the lino had been sojd twice over, gave accused a refund of £3. Accused, it was stated, had endeavoured to havo four cases of the line of American apples removed to a cart which he had waiting, but had bean stopped by the check clerk, because the receipt shown was found already to have a checkmark on it. This had started the whole investigation. It was further alleged that, having obtained delivery of his original purchase of four cases at ss, accused had altered the number on the receipt to make it appear to apply to the line of American apples, had changed the 5s to 15s, and had then attempted to secure the other four cases. It was found that hia original purchase was in his possession, and when he was asked to produce a second invoice he could not do so. He wished then to settle the matter, but was told it was too late, and the police were called in. Evidence oonoerninjr the sale of the two lots of fruit and its delivery, was given by members of the staff of Turners I and Growers, Ltd. The storeman check- ' ing at the door stated that he had no recol'ection of the four cases 6old at 5s being passed by him. The assistant to the carter who did all work for accused, said, however, that he wheeled the apples in question past the previous witness, and that accused had satisfied the storaman that all was in order. Questioned, the witness said accused produced the invoice for the apples. The case was not concluded when the Court rose. It will be continued this morning.

SERIOUS CHARGE ADMITTED.

SENTENCE POSTPONED. On being arraigned on a charge of indecent assault, Ernest Arthur Symg (Mr. Ostler) pleaded guilty. Sentence was deferred.

ASSAULT WITH INTENT.

MARRIED MAN FOUND GUILTY. The trial of a young married man, James John Packer (Mr. Singer) on a charge of attempted rape, and, alternatively, assault with intent to commit i-ane, indecent assault, and assault occupied Mr. Jastice Stringer and a jurjall day. It was alleged that the accused went to the house of a Maori family at Opahi, Bay of Islands, on January 9 last, and attacked a native girt, aged 18, while her parents were away. The jurv returned a verdict of guilty of assault with intent to commit rape, and the prisoner was remanded until May for sentence.