SUPREME COURT.

New Zealand Times, Volume LXXII, Issue 4822, 27 November 1902, Page 2

SUPREME COURT.

WAIPAWA LICENSES. Yesterday the Ciuef Justice had before him an application by John Brown Westlake, boarciingUjuso-koeper, Hannev i.'ko, for a mandamus against the Wmpawa Licensing Committee to compel them to hear and determine, or in the alternative determine, an application made by him for a license for ccrtam premises known as the .Best Office Ho-u-1. Ddnnovirke. It appeared that in the Waipaiva. district thoro wore nincteou licenses in existence under a continuance poll, and on Juno Jih the license for the Exchange Hotel lapsed. Two applications were lodged for die vacant license, one for the Woburn Hotel, Wnipukurau, and the other by plaintiff. The Woburn license wa: granted by the committee, but was subsequently o'uaslmd by the Supremo Court. It was contended, on behalf of plaintiff, that Urn committee had never adjudicated on Iris application, that if there had been any adjudication, it was on tiie assumption that tlio Woburn license had been lawfully granted, that as the Supremo Court had hold that the committee had at the time no jurisdiction, there was, therefore, no termination of plaintiff’s application, that nobody would bo prejudiced by the issue of the mandamus, and that if it was not issued, the right of plaintiff to have his application hoard or determined, and to have *Uio liccusc granted, would be taken away. - Xvlr Myers appeared for plaintiff, and Mr Wilford for a member of the Licensing Committee. Hi? Honor observed that tho case was one In which a mandamus should be granted if it could bo done. Hm\ difficulty was that, in the meantime, a local option poll had been taken, the effect of winch would bo that the number cf licenses in tho district should continue as prior to the poll. The license now sought did not so exist, : and would, therefore, bo additional to the number on which tho poll was taken. Sir Myers arguod that i* tin mandamus issued, the committee would consider the matter, having regard to the state of things existing in Juno, when plaintiff’s application was made. His client had dona all that was pos•sihln to have tho application adjudicated upon by tho Court before the tak. in& of tiie poll. ... His Honor reserved judgment. PALMERSTON NORTH CASE.

His Honor gave- judgment in a motion for a writ of prohibition brought by Henry Alien, Palmerston North, and heard previously, to restrain H. L. Kemiv, S.M., aud Alfred Crawford from Dvoceeding with a judgment given by Mr Kenny in the Magistrate’s Court in favour of Crawford. Tho case had relation to certain property, aud it was claimed on plaintiff’s behalf that a question of .title was involved, and tho Magistrate’s jurisdiction consequently ousted. His Honor decided that the Magistrate had ample jurisdiction, and judgment was accordingly given for the defendants, with seven guineas costs. Mr Gray appeared for plaintiff, and Mr Brown for ths'dofcndants.

CRIMINAL. CASES.

Mr Justice Denniston resumed the business of tho criminal sessions. ROBBERY BY A SERVANT. Maggie Hargreaves, a domestic servant, who pleaded guilty oil Monday m tiie theft of £4B. tho property of Tiios. Master, from his dwelling-house, while in his employment on 25th August last, and to having stolon two bracelets, two brooches and a ring, the property of Jane Eliza Hester, was put forward for sentence. The report of the Probation Officer showed that there was nothing previously against the prisoner’s character, and she was admitted to sis nicntlis’.probation. ALLEGED PILLAGE FROM THE WAIUIIMOO. Thos. Underhill, wharf labourer, pleaded not guilty to a charge of having stolon a bottle of petroleum emulsion, a bottle of brandy and other articles, tho property of the Union Steam Ship Company,' at Wellington, on tho 13th September, 1902. The evidence for the Crown went :o show that while tho accused was working on tho Warrimoo, some packets ■f soap worn found in tho pockets of a -mat which had been handed to him in ho presence of Constable Cattenaoh. ,T pdcrhiU denied at the time that, the coat was his, stating it belonged to a

man named Evans, but Evans bad an. other coat.' A packet found in one oi the pockets was addressed to Evans. On the accused being searched at the barracks, a bottle of emulsion waa found on him, which ho stated he had purchased for a sprained ankle. Evans admitted that the coat handed to Underhill was his. The prisoner elected to give evidence on his own behalf, and denied the charge. His previous goon character was testified to by stevedores in whoso employment ho had boon. The hearing of the case was enlivened by some passages of a persona! cliaraa. ter bet'-veen the llenoh and Mr Jellicoo —who defended tho prisoner'—as to Uia duties and prerogatives of counsel. Tho incident first arose out of a request by Mr Jellied? that wailing jurors might bo discharged until fi p.m., as the caso was not likely to conclude before tho luncheon adjournment. Ihs Honor considered it was not tho duty of counsel for the defence in a particular case to interfere in such matters, which should bo loft to the Court and the Crown Prosecutor. His' Honor subsequently expressed his regret for any hasty observations ho might have mado in connection with the matter, remarking that he considered'there was nothing in what Mr Jollicoe had stated to call for the comment ho had passed. Mr Jellicno expressed his acknowledgments. Some, time after the jury had retired, Mr Jellicoo called attention to what he termed nothing short of a. scandal m the stationing of two constables who had given evidence in tho ease, and against whom the Crown had stated that tiie defence had raised an imputation cf perjury, in charge of the jury. From the position these constabloa occupied, as seen by Mr 801 l and himself, they could hear every word tho jury said, being merely separated by an open wooden nariition. That was a state of tilings wbieb lie thought ought not to bo permitted. 1 His Honor asked what did counsel desiro him to do? Mr Jellicoo wished that those constables should he changed. Ho merely brought tho matter forward in order to prevent a roonrrcncc of anything of tho kind in future. The subject then dropped. The jury, after two hours and fifty minutes’ deliberation, returned a verdict of acquittal, the foreman stating that they were unanimous in agreeing that tho prisoner left tho Court with'out a stain on liis character. Underhill was then discharged. PETTY LARCENY. Edwin Joseph Green, aged twenty(hrcc, pleaded not guilty to the larceny and wrongful possession of a glamor's diamond and three plaques, tho properly of Robert Martin while in Ins employment on the find June last. Mr Mvors prosecuted for tho Crown and tho" accused was defended by Mr Jollicoe. Tho evidence for the Crown went to show that tho accused was, found in possession of tho articles in. question when arrested on another .charge—which was subsequently dismissed—andthat he told Detective Urohorg ho had taken them without any permission. Tho diamond was identified as Mr Martin’s' property and tho other articles as such as would haro boon used by Mr Martin. There was nothing previously against tho prisoner’s character. _ Tho defeneb was that Green had no intention of stealing tho things, and that lie had merely taken them with the intention of returning them apain. Tho jury found tho prisoner guilty, with a, strong recommendation to mercy on account of his youth and previous good character. . Mr Jellicoo applied to have tho prisoner admitted' to probation. His Honor directed that the prisoner should undergo twelve months’ probation. or until such period as he had paid £5 towards the cost of the prosecution. Tho Court adjourned until 11 o’clock this .morning.