SUPREME COURT.

Otago Daily Times, Issue 13199, 4 February 1905, Page 3

SUPREME COURT.

CRIMINAL SITTING. Friday, February 3. (Before his Honor Mr Justice Williams.) SENTENCE. Thomas Gray, who in the lower court pleaded "Guilty" to the charge of, 011 January 19, at Dunedin, indecently assaulting a girl Bii years of age, was liroiight up for' sentence. Mr Irwin appeared 011 behalf of the accused, and said he had just been instructed to do so. HeJiad been instructed to apply to have the plea of " Guilty" withdrawn in order that a plea of " Xot guilty" might be substituted for it, as, from accused's statement, it appeared that accused had been induced to plead guilty against his will by certain police officios, not himself understanding the position lie was p:aced in. He (Mr Irwin) would point out that although under the act all these pleas were irrevocable, m a case such as this, v.-hcro a man was acting practically cgainst his will, the section should not apply in that way. The Crown Prosecutor (Mr Fraser) said he would not admit, the truth of Mr Irwin's allegation, and was prepared to deny Mr Irwin's statement in regard to accused's/ plea. His Honor said he could not consider O JIr Irwin's application for a withdrawal of the original plea, aud as far as he was concerned the pica was irrevocable.' His (llr Irwm's) only remedy was' to apply to the Crown direct. The Crown Prosecutor stated that nothing was know previously against - the prisoner other than a conviction for drunkenness. The man came into the town with £6, and when arrested had only Is lid in his pocket. It was understood that- in the interval he had been drinking heavily, though not drunk a't the'time the offence was committed. It was a very fublic placc where the offence was committed, and it was almost impossible to escape detection. The man was a seaman who h»c been 011 the coast ot the colony for a considerable number of years. His Honor said that looking at the surroundings of the case'he must consider that the ofience was committed by the accused when he was in a state of stupidity from the effects ot drink. Fortunately th,e accused used no violence, otherwise the office would have demanded a heavy sentence. As it was, the best thing he could do both,for the acoused and the public wis to put Oiim away from drink for a reasonable time.. Accused would be Sentenced to 18 months' imprisonment with hard labour. IN CHAMBERS, ' (Before his Honor Mr Justice Williams.) Probate was granted in the estates of the following deceased persons:—Kobert Crawford (Mr Webb), Junes Grifien (Mr Hall),

"Francei' Jaho Witlari" (Mr; Calvert);' John 'Rods Woodbouse), -Hc-nry -W. -Kerr - (Mr D. Reid), 'J'honms Allchin (Jiir.D, Keid), ,

Letters of administration were ' granted as follows:—Re Alexander Jl'Gregcr, .deceased (Mr WoodhouseJ/.re Patrick Coughlan,*. deceased (Mr lloorc),.re .John-Moore, deceased (Mr D. Reid), re David L. Shanks, .deceased) (Mr D. liefd). Re Erasmusou, jun., and Johnston .(Mr Hall).—Application for letters of administration and appointment of guardian ad litem.— Accordingly. ; Fleming v. Ramsay : and oihers.—Application by Mr Hosting for fixture of clate o: trial, and Mr Sim for examination of witness.—Tuesday, March. 14, at 10.30, fixed—Mr Sim's application agreed to. ■ Kidd v. Kidd and another (Mr MacsJister).— Application for security of respondent's coats. —Order made that- £35 be deposited with the registrar,