COURT REPORTS

New Zealand Times, Volume XXIX, Issue 6315, 16 September 1907, Page 10

COURT REPORTS

'MAGISTRATES’ JURISDICTION SATURDAY, SEPTEMBER U. (Before Mr W. CJ. Riddell, S.M.) William Taylor Devlin, for drunkenness, was lined lUi, with the option of forty-eight hours' impri.,onmenl. Two young girls, Christina Buckley ami .Maggie Sullivan, alias Holland, ploaehd guilty to cliargeti of being without sumciont lawful means of support. On the application of Sergeant’ Phair accused were remanded for al week to enable inquiries to be mud 1 at Auckland, where the girls’ parents! *'esido. ATT EM PT ED SCI Cl HE. A middle-aged man pleaded not guilty to attempting suicide on bep- • ;:.jiber Klth»t>ergeant Phair stated that the case arose from accused’s over-indulgence in drink, lio had, arrived home about li p.m. and had gone to bed. ii&li-nn-hour later ho got up anti went out to the stable where he attempted to hang himself. His wife went out to see what he was doing, and in consequence of what she saw sent her eon for the police. Evidence to this effect vas given by accused’s wife and son. The accused stated that he wont into the stable to sec that his horse was fed. On his way ho found a piece of rope, which he took into the stable to keep from getting wot. Ho admitted that ho was found standing on a, box trying to put the rope over a rafter, but it was not with the intension of suicide. His "Worship said that the accused’s rflory at first sight seemed a plausible one, but ho could not believe it ns against the evidence for the prosecution. The accused would be admitted to probation for a period of one year, ana a prohibition order issued against him. PALMERSTON NORTH.

PIUSONER SENTENCED TO BE FLOGGED. (Prom Our Own Correspondent.) Tho sittings of the Supreme Court were continued on Saturday by -Mr Justice Button. Sentences were passed on two prisoners and some divorce business was transacted. A WAITING TO OTHERS. A sentence of two,years’, imprison-' mont with hard labour, with the addition, of a. couple of floggings of fifteen strokes each, was imposed on Hie young Maori, Tukorehu, who had. been found guilty of assault with intent to commit rape. In reply to the usual question of whether ho had anything to say before sentence was passed, prisoner asked his Honor to be merciful to. him, as it bad boon his. first and only offence. He said he was only seventeen years’ of ago. His Honor: You have been convicted of , a very serious offence,, not only of attempting to commit a rape upon a young girl, but one accompanied by the most brutal violence. If it bad not boon for the heroic conduct of the girl, of which I cannot speak too highly, you would undoubtedly have ac-' complished your purpose. ■ Although she was not physically strong and looks considerably younger than her alleged age of eighteen, she fought with you and struggled most violently until "she became insensible. I think it is exceedingly probable that, when she fainted and became insensible, you thought you had killed her, and, being frightened, went away. 1 have not the slightest doubt that the verdict of tho jury was a correct one. I take into consideration tho fact that you jro a young man, though I can hardly believe that you are hot somewhat older than seventeen. However, X believb jou aro under twenty and that you are not so physically strong as you might have expected to have been had:it not been for your dissolute habits. You ask mo .to be merciful to you. .. I shall ,be .as merciful' as ; -I consider the law justifies me in being in such" circumstances. For your offence you are liable to be imprisoned for ten years and, to be three times flogged, ■with fifty lashes each, by the cat. .Now, perhaps, you will realise the enormity of your crime, for which I cannot see any justification or excuse whatever. The only circumstance I can regard as somewhat mitigating the case is that • you 'were, in fa state of intoxication. I shall take into consideration your, comparative'. want- of physical strength, that, is to say, strength that a, young man of your age might be expected’to.‘have/ I hope that tho sentence I am about to impose will . give you an opportunity of somewhat recovering from your intemperate habits, for I shall send you to a part of the colony where the strictest prohibition is in force. The sentence of •the Court is that you be imprisoned at Wellington with hard labour for the period of two years, and that you ■receive two floggings • with ■ the cat, each of fifteen strokes. ’ I reduce the ■number of strokes in, consideration of

your having .two, floggings, and also in view of your age. '■■■■ i-r .1. ONE TEAR FOR THEFT. William John Smith, a young man who was yesterday found guilty of theft of an overcoat and £lO in money, was also put forward for sentence. He handed up to his Honor a written statement. ■ His Honor said he believed that the prisoner’s statement was to some extent correct when he said he was under the influence of drink at the time and was net altogether conscious of what he had. done. . He would also , take' into consideration the statement that prisoner was already. serving three sentences. In spite of his bad record, he would not receive the maximum penalty by any means. There were seven cases against him, three being similar to the present one, all showing that he had been living a careless vagrant life. Still he would be given a chance to reform and recover his position. He would be sentenced to imprisonment with hard la- ■ hour for one year. ,\N OPINION ON THE VERDICTS. Addressing the Crown Solicitor, his Honor said that, regarding the verdiets ■ returned, by the juries during tho sitting, he only took very serious exception to one, that in the other case of indecent assault. He had been ■-really surprised that tho jury could find a verdict of not guilty in the face of the evidence. DIVORCE BUSINESS. The onlv divorce case considered was «no in which Charles William Borroson sought for a dissolution of his marriage with Isabel Bussell Borreson on who ground of desertion. There was no appearance of respondent. Petitioner said that he and his wife were married in 1889. He alleged that, early in September, • 1900, she wilfully deserted him without just cause and had been continuously away from him for five years. fTig Honor granted a decree nisi, to be made absolute in six months.