SUPREME COURT.

Otago Daily Times, Issue 14296, 19 August 1908, Page 3

SUPREME COURT.

r'ffr.fPv.-vi'; ' r.;V».V, Ai .;V <T I.V. I: i |; - if'.;'*-Mr W-i 4 V.v< .is' *''>*■■••' ' v;r;iv *'!.-» .«* ',V.*«*r •«!(«•' for j-.il.lW2J' * .-V-V.-..-T \ ■ \\ 'V;ui; ■;. i>* .-fiic'ssi,'Mi: .w-w;:'* ax- ■; •}km .; .>v.< ;w . -v>ri- 'ItTlitr: .-HMWifi v.fl; . ..(I- Jbt&iivf: ~lr VtttUiHfh .hi.irsr.iuv-tif -teUtW:-?*- ■' ■pliiiw in' c'J'.-J!' v.;;- ;Jy-:<*r^rr' 1 lua* > \u>- «a»i ,unii*«'fjijiy t-vju l ' i'j'* ;liyUx! l-ii'-iK-'.-iiowJ. Slid >'.-rw«iv«l • •Ivic 't-pjjjw L-.yii<r»' ;'fi.o«i -lif k-iy- t .Jjiiti ■-i-j/d-liivm-10 *-i<si!-or wif'-luTOi. < : .i-ad lyid .iiim ihat ti><;y sot .a • .iiom th'' 'Uiiiedoniiii Uiouusi or . :li(un -;ij<* Sa-ivaiion .Army. JI" .-kid ;i«ver .-.-if'het!-tii'-iii if tiib'Si Uiii'-i liwii tlic bulvii-•s-it/n Army. ''I.ln» -Lpys owed him ,'Js 3Cd. : iiutl nad .a.<i;rrd iiim .if an old topper boiler v.'jukl jnalw tilings "sfiuare." They bixnigiii him the boiler, and he gave 'them &d each imo the Un'jrain. Sometimes h" ij'.it i'l .« lb for old topjiei. It waf* his busine.vs to buy as cheaply -as he could. The boys at different limes brought him lour boilers. 'Jno boye said -they were selling one of tii'-m :for a lady, and -that liioy iouud anotiior 011 St*. Ulair JJeaelr: that a gentleman had sent thorn with another. Ttioy gave tlie name, which he had iorj;o!teti. To Mr Macassc-y-. Tlie bovs bad never been a,«l:cd to bis house to tea, but bad been av.kid to have tea once or twice when ■t *js-T were hanging about. The boys were asked to have tea betuune they asked fox it. lie was a dealer, but did not* hold a license. Ho did not know that any goods offered lo him for sale liad Iteen stolen. He had made inquiries as io where these goods eamo from. He did not think it si range that Ihcet little boys should have come back with boiler after toiler. He had absolutely 110 suspicion at ail. The boiler said 10 have bocn found on the l>each was plastered with sand. He had been prepared 10 lake, tlie boys' statement, and had made no searching inquiries. The evidence given by the boy .Marshall was absolutely untrue, and Norman's statements were false. He had sold tho boilere to marine store dealers for 4d a lb. lie might have got 5d., The price avera*ged about 4s each boiler. He did not consider this a handsome profit. ' Ho had denied purchasing these boilers when speaking to the dctcctive because ho had been beside himself. He had never been mixed up with anything like this before. He did not know what be said, The fact of ono of the boys having onco stolen 2s from him did not make him suspicious. Kobert Louis Buchanan, employed as boilermaker at *tho Hillside Workshops, said he remembered being at accused's place when the boys Norman and Marshall were present. Ho gathered froip what he heard that the boys owed accused money, and were to get copper boilers for htm by way of payment. Mr Burnard said accused has been charged, and, in order to convict, the jury must find that he knew, or must have known, tho boilers to havo been stolen. Tho evidence of the boys Norman and Marshall, and like all children's evidence, seemed fr.ank, but they had scen what other boys had done. Thoy were admittedly thieves and vagabonds: not only thieves, but liars as well. Their cvidenoe, therefore, must be regarded in a different manner from that of other children. The evidence of tho boy Norman contradicted that of the boy Marshall on quite a number of points. Mr Burnard tnen went on to address the jury at length. His Honor, in summing up, said as to whether accused knew the boilers wea'e .stolen depended upon the credibility of the two boys. To buy anything boys chose to bring for sale, and taking their story as to how they camo by things, was an encouragement to toys to steal. Tho boys were bad boys. There was no doubt about that, and the statement that Wells had sent them to Erickson threw a doubt upon their evidence. The jury retired at 12.15 and returned at 3 o'clock with a verdict of " Not guilty." INDECENT ASSAULT. Frank George Melhop was indicted that between May 15 and June 30 ho did _ at Morhington indecently assault, two girls under the age of 16 yews. Thero was a* second indictment* in'which he was charged witli indeoently assaulting another young girl, and to this a second count oharging common assault. Accused pleaded "Guilty" to both charges. Mr Hanlon: I appear for the prisoner, if your Honor pleads. It must be admitted that nothing can be said in extenuation of the actual offences. They are certainly ottoncos of an inexplicable character, lieoaufo, as your Honor will see from the depositions, they were oommitted in the' schoolroom whilst tJie class was in session, and all the pupils assembled could either see or hear something of what went on. No physical damage was done to the children, and the only harm to (hem is in so far as their moral oha*raotcr.s have been affcolcd. It is ono of those crimes that wo hear of just now and again, and, as I liavo said, is quite Some, years ago this young follow lost* his father, since which titne lie and his mother and brother have struggled to get along in tlio world. Ho was a school teacher, and had* a promising career bofore him, and I would ask- your Honor, in fixing the punishment, •to take into consideration tlie faot that, by this impropriety, : he has tsicrificeil his character and lost the opportunity that was opening up to him. His whole life is now Wasted by his folly, I would also ask you to take into consideration tho fact* thatill consequ«nwi of his pleading guilty the harm to tho children is somewhat minimised—mare so than if he had defended himself. Naturally ono has tried to asmtain how it was that he gave way to this offence, but it is impossible, to asoortain why lie committed offences which, on the faco of them, aire stupid* and silly. All I can say is tbat lie has had a good oharaotor, and that* lie' has lost everything that life held out to him, and I ask your Honor to take theso things into consideration. I have witnesses who can speak as to hia character if ncceseaiy. One of them is a , olergrman who lias come expressly from Inverea.rgil-1. Mir -Macasscy said that prisoner was born in laivercargiH 23 years ago, and lias general diameter was good. His Honor said be had 110 doubt as to prisoner's previous character, but it might be as well to call the witnesses. Eev.'Ajthur Pybus, Primitive Methodist minister, of Invercargill, said that he liad known Melhop intimately since 1E97, and during that timo ho had borne a most excellent character, keeping free from evil company, and being much given to study. His conduct was most exemplary. William Davidson, head master Mornitigton School, said that during tlio 18 months Melhop had been in tho school his general character was excellent*. He was devoted greatly to study. In January last ho wont up for an examination, and broke down, physically and otiherwiso. Rev. D. • J. Murray said that ho bad known accused for 18 months, and liad been in dose contact, with him His general character was irreproachable. His Honor: I have some difficulty in dealing with this case. There is no doubt that tlie acts lo which accused has pleaded ■guilty caused no physical injury to these girls, and they were committed under circumstances which made it impossible that t.ho accused could then have had any inten. tinn of doing anything more than he actually did. That, of course, 3ins to be taken into consideration in .passing sentence. So, also, it is just to lake into consideration the fact* that lie has pleaded guilty, because bv so doing the necessity of calling theso children and further corrupting their niindi; by compelling them to give evidence in (.his court, has been avoided. The accused was, however, in the highly honourable and responsible position of a teacher. If a teacher cannot be trusted, wlio can lie trusted? I do not (hinlo I should be justified in passing a less fenteiice than two years' imprisonment, with hard lalxiur. The.' sentence ot the court is that you be imprisoned for two years, witli hard labour. SITTINGS ELSEWHERE. ! (Per United Press Association.) WELLINGTON, August 18. At the Supreme Court to-day James Olialker was found guilty of stealing a bookmaker's ticket, valued at £12, from Edward James Hughes, at Paliiat.ua. Sentence was deferred. William Gumi Jl'Kay was found guilty of stealing clothing from the steamer Bleuiicim. and was rema.ud«l Cor sentence. William Edward Mackie, charged with assaulting Samuel Jttliffo, a farmer, of Johnsonvillo. and stealing from him a. gold

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