CRIMINAL SESSIONS.

New Zealand Herald, Volume LX, Issue 18320, 9 February 1923, Page 9

CRIMINAL SESSIONS.

GUILTY OF RECEIVING.

TWO; TARPAULINS BOUGHT.

CHARGE OF THEFT DISMISSED.

The criminal sessions of the Auckland Supremo Court were continued yesterday. ..; '■:■.;.;•• :•-..'■•■-.•'■

.'■' A, : charge of ; having stolen two tarpaulins, valued at £38 10s, the property of the Union Steam Ship Company, was preferred before Mr. Justice Herdman against John Joseph Edward Lund (Mr. Sullivan). He , was alternately charged with having received the tarpaulins, well knowing them to have been dishonestly obtained. Accused pleaded not guilty. Mr. Paterson said the tarpaulins belonged to the collier Kaiwarra, and accused was a hulk-keeper. Detective Meiklejohn read a statement made by the accused in which he said Hie bought the tarpaulins from a seaman on the Kaiwarra, and subsequently sold them to another man.

Accused denied stealing the tarpaulins, saying he bought and sold them fairly and openly. In reply to His Honor, accused said he had made no inquiries regarding the man from whom he purchased tJhem.

"A verdict of guilty, with a strong recommendation' to leniency, was retur;#:l on the charge of receiving. The accused was found not guilty of theft. Sentence will be imposed this morning.

ALLEGATION OF FORGERY.

ADVERTISEMENT CONTRACTS.

A plea of not: guilty was entered by Harcus Patrick Keogh (Mr. A. H. Johnstone, instructed by Mr. Mouat), to four charges of having forged contract foims for the insertion of advertisements in certain publications. • He was further charged with having acted on the contract, forms as if they were genuine, and with intent to defraud, having obtained from John Alexander Munro two sums of £3 153, one of £1 17s 6d, and one of 7s. . The case was heard by Mr. Justice Herdman.

Mr. Paterson, for the Crown, said accused was employed by Mr. Munro as a canvasser. He was paid on commission. On- various dates he handed in forms for advertisements purporting to be signed by business people. Accused received his commission, and the advertisements were inserted, but afterwards liability was-denied by the business people concerned.

John Alexander Munro, printer, crossexamined, said he had told Keogh to get signature* of advertisers and not communicate with them over the telephone. If an order for a renewal advertisement was received by telephone, he would send the canvasser to obtain the signature. At the conclusion of the evidence for the Crown the case was adjourned till to-day. two men ADMIT THEFT. ONE'S ADEQUATE PUNISHMENT. George Waterman, aged 26 (Mr,. Cahill), pleaded guilty to the theft of a watch, chain, and pendant, the property of Frederick .Robert , Rockly. There were alternate charges of theft from the person and of receiving, to which accused pleaded not guilty. The Crown, however, accepted the plea of guilty oh the charge of common ■ theft, and offered no evidence on the others.

Accused is to come up for sentence tomorrow morning. Daniel MtEwtn, a ship's fireman (Mr. Moody), charged with theft from the pegson and common theft, pleaded guilty to the last-named offence and not guilty to the more serious charge. This plea was accepted by th« Crown. ',' The charge, was that the accused stole a wallet and ' contents, valued at £1 10s, the property of Allen Anderson. It was stated that " accused, ■' who was drunk at the time of the offence, had been in custody for three months, - and counsel urged that this was " sufficient punishment.' / Mr. Justice Stringer agreed, and discharged the prisoner. . ,

ASSAULT ON A WOMAN

TWELVE MONTHS' PROBATION.

- Charges of - assault with intent to • commit rape, attempted rape, . and ; common assault were preferred i against James . McConville (Mr. Moody), who pleaded not guilty to the first two charges and guilty to the charge ,of common , assault. • The charges arose out of an affair in November last, when, it is alleged, McConville invited an elderly woman into a shop in Victoria Street West and ; attempted to interfere with . her. ~ ' The Crown accepted the . plea on ; the charge of . common assault. and offered no evidence on the other counts. Counsel said that accused, who was 45 years of age, was addicted to drink, but had kept fairly well off the drink for the past ten years. • However, on the occasion of the offence he was under the influence of ( liquor. Evidence was given by the man's employer that McConville was a very good worker, nd that ,he . was prepared to take him back. ,•'-•< Mr. Justice Stringer said he thought, after reading the depositions, that at the time of the .offence the accused was in such a state of drunkenness that he- was incapable of the intent alleged against him. He would be placed on probation for ' twelve months. : Special conditions would be that he take out a prohibition order, make,a payment of £2 10s to the woman assaulted to cover medical .expenses, and pay the cost of the' prosecution, £14 2s 6d. \