SUPREME-COURT.

Otago Daily Times, Issue 13832, 20 February 1907, Page 7

SUPREME-COURT.

CRIMINAL SITTINGS. 5 Tuesday, Fbbmjam 19. (Before his Honor Mi Justico Williams.) His Honor took Lis seat on tho bench at 10.30 a.m. CONCEALMENT OF BIRTH. Mary Kearney, who had been found guilty on tno previous clay of this offence, was brought' up for sentence. Slio gavo lier ago as 19 years. Mr 13. S. Irwin, who appeared for tho accused, asked tho court to deal leniently with her. Up lo the present slio had borne it good oharactor. Her parents lived in Southland, and wore anxious to tako her back. Tho Crown Prosecutor (Mr J. F. M. Fraser) said that tho girl's antecedents had been fully inquired into. She had lived a simple and retired life on hor people's farm in an isolated part of Southland, and had in every way behaved herself properly. Probably her fall was duo to tho fact that sho had left hor homo at (in age at which Bho did not havo sufficient knowlodgo of tho world to ensure her safety. Her brother said that her parents, who ivero in a comfortable way, wero prepared to tako hor back and caio fori hor. Hor homo was probably tho proper place for nor, for tho next iwo years at nnyrato. Hiß Honor said that the Probation Oflicer'3 laport was favourable. Tho best thing that lould happen to the girl was Tnat sho should to her home. It was a pity sho over left it. Tho accused would bo admitted to probation for 12 months on condition that sho remained at homo during that time. INDECENT ASSAULT. . Andrew Soulier, charged with assaulting a girl aged liino years, pleaded ",Not guilty." Ho was not represented by counsel. , The Crown Prosecutor said tho offenco was committed in the Southern Oval. Mrs Campion, ono of the witnesses, was deserving of tho greatest credit for her action. It was upldom they found a woman who couid keep her head as thoroughly a.nd as coolly as this woman kept hers, and still more rare was it to find a woman tako tho prompt aotion that fliis woman took—an action that no doubt laved the ohild from serious consequences. Mrs Campion's house was 400 yards from tho Oval, Slio saw tho wholo occurrence, and ran to the place and called the girl away. Tho man sworo at her, but Mrs Campion, nothing daunted, took tlio girl to her homo and sent for tho police.

Kvidenco for tho prosecution was given by tho girl, hor brother, hor mother, lira Campion, and a constable.

Tho accused denied tho charge, and said the polioo had arrested tho wrong man. His Honor summed up, and tho jury retired at 12.10 p.m., returning at 12.25 p.m. with a verdict of Guilty." Tlio foreman added that tho jury wished to commond Iho action of Mrs Campion.

Tho accused gave his ago as 38 years. He nskod his Honor to note that he was a married man, his wife and family being in tlio Old Country. Ha had had a deal of sickness in his family.

In reply to his Honor, tho Crown Prosecutor said tho man was an absoluto' stranger as far as tho police wero concerned. He was a fireman on steamers.

; Tho accused produced bis discharges, all marked " v.g."

His Honor said ilio offence was one that could not bo passed over lightly, however good tho previous 'character of tlio accused might havo boon. Ho hod no doubt drink was at the bottom o[ tho affair. Th? accused would bo spilt to gaol for a term of two years, and kept to hard labour. BREAKING AND EKTEIUNG. JoEeph Michael Davidson, charged with Iwakiiig entering a Chinaftian'a house in Hie Kaikoroi Valley and stealing 5s in money, pleaded " Guilty," and give his ago as 19 years. . Tho Crown Prosecutor said that the youth's character was bad. On tho' 7th of Marcli' last ho was qonvictod on a charge of theft, and ordered to como up for sentence ■when called upon. In tho same month ho was admitted to 12 months' probation for breaking and entering. His Honor sontonced accused to nine months' imprisonment. • TIiBFT FROM TilE PERSON. Daniel Smith was charged with, on the 24th December, stealing from tbo person of Simpson Dunn one £i-note, four sovereigns, a ha/lfsovoreign, and a AViiterbury watch and chain, of tbo total value of £10 7s 6d. Accused, who pleaded " Not guilty," was not represented by counsel. sho Crown Prosecutor said that Dunn arrived in Dunedin from tho country on tJie Thursday before Christmas. Ho had known tho accused lor 25 years, Ha met him about noon on tho dato in question, and they went and had a drink together. He afterwards provided him with his dinner, and (hey were drinking together all the afternooii. They next had tea, andihen the prosecutor law down for a sleep, accused remaining with him. When Dunn awoke some time later bo found that tho accusfd u-nd his money' were gone. Accused, who had told a detective about tlia time that .lie was penniless, afterwards presented a £5-note for the purchase of some beer. Evidence was given by tbo prosecutor, Mm Josoph Leedale. Mary O'Donnell, and Defective Mitchell. William Henry David Hughes was called, but tlid pot appear. The accused, addressing tho jury, said thero was an absolute want of evidence, direct or corroborative, of. any robbery at all. Assuming that he did present a fa-note, it was not evidence that he had iaken it .'out of the prosecutor's pocket. The statement of the barmaid that ho had tendered hor a i's-note for beer was not corroborated. Ho denied having had such a, note in his possession for many niqntlis. Tho jury retired at 3.44 p.m., and returned at 3.54 with a verdict of " Guilty." 1 The accused gave bis age as 42 years. tho Crown Prosecutor said tho accused wa3 a compositor by trade. He hjid previously been before.,thb court on charges.of disobeying an order, theft,-obscene language, begging, and assault. Drink was at tho bottom of his crimes. His.Honor imposed a sentence of two years' imprisonment with hard labour. CHARGE OF THEFT. Frederick St. Clair Sinclair and Jane Dunslnuir were charged' with, on c* about the ilst December, IDOti, at Diinedin, stealing a diamond and sapphire brooch, valued at £40, tho property of Constance Allan, of Mosgiel, and with illegally pawning tho same. Sinclair pleaded " Guilty." The girl, for whom Mr.Hanlon appeared, entered a plea, of " .Not guilty," It was agreed to adjourn the charge against the girl'until Monday. i Sinclair gavo his age as 20 years. Ho said this was tho first time ho had been before tile coutl. He was willing to go with the agents of tho Patients and Prisoners' Aid Society if tho benelits of tho Probation Act were extended to him. II is Honor remarked that tho probation officer's report was doubtful. Tho Crown Prosecutor said there was absolutely nothing known of the accused. His general character was reported by the police to bo indifferent, lib had a disinclination to work. Mr Cummins liad inquired into his past, nnd was prepared to lake personal ciiargo of him. lim Honor said he would defer passing sentonco until alter tho trial of tho girl i)iinsnnur. Tho girl was released on her own recognisance on the understanding that she went to the Salvation Army Home. 1 The court was adjourned until Monday.

Beeves, who said she was 56 years of ago and unable to do any work in order to cam money. —Mr Baron appeared for defendants, and after hearing the ovidence in both cases, the Magistrate dismissed the informations, and in tho latter chargo without prejudice. His Worship' added that he would not singlo out ono of complainant's l bova to contribute towards licr support and allow another son to "■loaf" upon her. Charges' ot Unlawfully Pishing.—'William Day, Hugh Fraser, I' 1 . Fraser, and David Fraser, David Aubrey, and Alfred Lowen wero charged that, on February 10, they did unlawfully fish for trout otherwise than with ono rod and line, and, on a further information, that they did unlawfully tako perch from tho.Shag River in a similar manner, in contravention of the Fisilerios Conservation Act. —Mr W. C. MacGregor appeared for the Acclimatisation Society, .and .-Mr J. ftisp for defendants.—lt wis agreed that the cases. should bo taken at Palmorstou. on February 27. ' Affiliation.—Henry Collie, for whom Mr Hanlon appeared, was charged witli being tho putative father of an unborn child, of which a single woman was the mother, and pleaded 1 Xot guilty."—Mr W. L. Moore appeared for complainant, and after hearing tlio evidenco of both parties, tile Magistrate agreed, on the application of Mr Mooro, to adjourn tile caso for a fortnight. Bail in accused's own recognisance of £'50 was allowed. Polluting a Stream.—Tho Bruce AVqollch Manufacturing Company was charged with having unlawfully allowed to flow into a branch of the Tokomairiro lliver, in which trout existed, certain detrimental matter, contrary to the provisions of the Fisheries Conservation Act.—Mr AV. C. MacGregor appeared on behalf of complainant's, tho Acclimatisation Society, and Mr Donald l?eid for the company.—The Magistrate said he would adjourn tlio case, to be heard in Milton on March 15.—Mr Reid promptly applied for costs, and said tho society had been at fault in bringing tho caso to Dunodin. Further than that, tho alleged offence hnd been committed on January 8, and tho summons had been " shot at him " last Saturday morning.—Tho Magistrate: The question of costs will be reserved,—Mr MacGregor Eaid tho summons had been served on Friday morning, 1