SUPREME COURT

New Zealand Times, Volume XXXII, Issue 7049, 10 February 1910, Page 3

SUPREME COURT

WEDNESDAY, FEBRUARY 9. CRIMINAL SESSIONS. (Before his Honor Mr Justice Chapman.) Tho first quarterly criminal session of the Supreme (Joint was concluded yesterday. Sentence of H. S. Coburn, convicted of , distributing obscene printed matter, was deferred, pending the decision of tlio Court of Appeal on a caso to be stated by liis Honor. The lads Haugliey and Pointon wore further remanded for sentence until next day. The last trial on the calendar, that of E. F. Kenner, charged with arson, continued from the previous day, was concluded. TEE " TRUTH " CASE SENTENCE OF MANAGER DEFERRED. CASE TO BE STATED FOR COURT OF APPEAL. Henry Stephen Coburn, manager of “Now Zealand Truth,” who had been found guilty of distributing an obscene print, was set at the bar. He was represented by Mr T. M. Wolford. His Honor said tbat ho did not propose to sentence the accused just then. Ho had considered the case, and thought it best to state a case for tho Court of Appeal. Undoubtedly tho statute was somewhat confused, and an interpretation by the Court would bo valuable. He had oomo to this decision more especially as the case was one which involved a sentence of imprisonment for some period if the conviction were upheld. Mr Wilford: I have here several witnesses who oan speak as to the accused’s previous good character, your Honor. His Honor: I do not know tbat I need hear them, Mr Wilford. I shall assume that he has been a person, of good character. Mr Wilford : I have put that to him, your Honor. Still, I should like to call tho sub-editor of tho paper, who will describe tho means he took to remonstrate with the writer of the. article as to its inclusion in the paper. His Honor: I oan hardly see the effect of that. It opens up new ground.

Mr Wilford: It does open up new ground, your Honor; but I should like to submit the evidence.

His Honor: You had better submit it, if necessary, after the Court of Appeal has given its decision. Should tho conviction be confirmed, I can hear the witness then. Mr Wilford: Very well, your Honor. X can then call all the evidence I have, if necessary. His Honor ordered that tho prisoner be released on the same bail as formerly, pending the decision of the Count of Appeal. THE BOY BURGLARS , A FURTHER REMAND. ‘ Tho two lads, Maurice Edward Pointon and Joseph Haughey, who had pleaded guilty to thirteen charges of burglary, were set at the bar. These were the lads who had been arrested under arms at Happy Valley by Detective Cassells and Constable Pearce. Mr W. H. D. Bell, who appeared on behalf of the Crown, said that Mr Foster, who had taught tho lad Haughey at school, had rung up Mr Myers and offered to give. evidence on his behalf. Mr Wilford, who represented the prisoners, thereupon called Mr W. H. L. Foster, headmaster of the Petone District High School, who said that Haughey had been a pupil of his at the Blount Cook Boys’ School. He, had been a satisfactory pupil, and got a Sixth Standard proficiency certificate. The witness had been greatly shocked to find tbat ho was the lad who had been arrested, and could only conclude tbat ho had, been subjected to some influence. After ho bad left school ho had gone to work in. a brickyard, and hie surroundings there were not such as the witness thought suitable. .

His Honor stated tbat ho should like to . ask some questions of Detective Cassells, who had had charge of the case. One of the lads must have been the leader, and he should like to know which ono it was. There seemed to bo some evidence that Pointon was not tho instigator of the crimes, but, on the other hand, Haughey was the younger and smaller of the* lads, and was hardly likely to bo the ' ringleader. His Honor would like to get to tho bottom of the affair. '

Ohiof-Dotecbive Broberg stated that Detective Cassells had a day’s leave, and would bo difficult to find.

His Honor therefore remanded the prisoners until 3 p.m. next day.