SUPREME COURT.

Otago Daily Times, Issue 19042, 12 December 1923, Page 11

SUPREME COURT.

(Before His Honor Mr Justice Sim.) His Honor heJd a sitting of the Supreme Court yesterday. ATTEMPTED CARNAL KNOWLEDGE. William Parkhill, who had pleaded guilty in the lower court to a charge of attempted carnal knowledge of a girl under 12 years of age, came urv for sentence. Mr Barrowclough said that the prisoner was the youngest son of a large and respected family in Otago Central. The prisoner was younger than he appeared—he was really under If years of age. He appeared to have been mentally backward, and had never got beyond the Third Standard. He had come to Dunedin on his first visit on the occasion of the last Winter Show and had contracted a disease, and as a result grievous harm had been done to the little girl. Learned counsel said that the prisoner had not realised that he was suffering from a disease—if he had there was nothing that could be said for him. He admitted that the accused required some sort of reformative treatment—it might make a man of him. His Honor said that the best course under toe circumstances would be to order the prisoner to be detained for reformative purposes for a term of five years. FORGERY AND FALSE PRETENCES. Aloert William Grant, who had pleaded guilty in the lower court to forgery and false pretences, was placed in the dock tor sentence. Mr Barrowclough said tnat the prisoner was 27 years of age. He was a married man with two children. The action of the prisoner had left his wife in straitened circumstances. -Any penalty of the court must nebessariiv be reflected on the prisoner’s wife and' children. He seemed to have no reasonable excuse for his lapse. He had got himself into financial dituculties, and his solution was to forge and utter cheques. He had been before the Magistrate’s Court on the previous day on three other charges, practically identical with uiose to whjch the prisoner was now called on to answer, and the magistral© had deferred his sentence until the present case had been dealt with. The prisoner would, of course, lose his employment, but he hoped, if he regained his liberty, to gef some employment as a wool dasser. He hoped if he was given his liberty to be able to make restitution •of the whole of the amount involved at £1 per week. His Honor said that the- prisoner did not appear to have displayed very much penitence. Instead of confessing that he had been guilty of a crime he had told the most absurd story to the police. He must have thought that the police were children. Obviously hardship was to be inflicted on his people* but if this were taken into consideration no one would ever be put in gaol. The Crown Prosecutor (Mr F. B. Adams) said that the five charges altogether covered a sum of £SO, of which about £3B had been received in cash W the accused. He understood only about 7s was found on the prisoner. No account whatever was given of what he had done with the money. All the offences had occurred within a month, and apparently the prisoner had got through £3B without assisting his family in any way. The forgeries had all been worked from Martin Campbell’s cheque book, from about the middle of last month. Two other cheques, each of £5, and signed by Martin Campbell, had not been passed, but they were evidently prepared to be passed. His Honor said that the best course would be place the prisoner under the control of the Prison Board. If it was necessary to send him to a sanatorium he might bo taken there. He would be ordered to be retained for reformative pur poses for a term of three years COMPENSATION CLAIM. Ida Emily White v. John Mill and Co. —Notice of motion for judgment by consent and for approval of compromise and division of moneys recovered. . Mr Adams appeared for the plaintiff and Mr Callan for defendants. The application was in connection with a claim for £2OOO damages, compensation for the death of the plaintiff’s husband while he was working on the steamer Knikoura. Judgment was entered by consent of the parties for the sum of £IO4O without costs. His Honor also approved of the arrangement for the division of the money. . PRESUMED TO BE DROWNED. In this case Mr E. J. Smith applied for leave to swear death of Harold Henry Neale. Neale was 22 years of age, and was working on the Minaret Station, Lake Wan aka ' district. It was understood that he had been drowned in Pike’s Greek on July 10, 1922. His Honor asked if notice had been given to the insurance companies concerned. Mr Smith: Yes. Some £2OO was involved. His Honor granted leave to swear death. BANKRUPT ESTATE. In this ease the Deputy Official Assignee at Oainaru had disallowed the proof of debt of Mrs Stephenson against the estate of her two sons, who were in business as grocers at Oamaru. Application was now made t;o reverse this decision. ■Mr J. MacGregor appeared for plaintiff and Mr Adams for the Deputy Assignee. Caroline Elizabeth Stenhenson. widow, residing at Abbotsford, said that she had two sons who had started in business in Oamaru as grocers two years ago last September—Samuel Joseph and William Frank. It was agreed that witness shou’d sell her house at Abbotsford to enable the sons to secure the business at Oamaru. The house realised £550, and £4BO was utilised for buying the business —£-100 was paid for the business and £3O was put into the bank. She went to Oamaru, and it was arranged that the account for £3O should be opened in her name. There was no agreement—just that they should pay the money back when they had it. She lent them the money. The business was not a success. She had put in a proof of debt for £430. To Mr Adams: There was no arrangement for any return to witness. If her sons had made profits she expected her money back. She did not expect to get any of the profits. Samuel Joseph Stephenson said that the business was carried out under the name of Stephenson Bros. There was no mention of interest for the money lent them by their mother. The first mention of their mother being a partner was at the meeting of creditors. His Honor: The opening of the account in the mother’s name rather suggested that she was the owner of the whole concern. To Mr Adams: His mother was present at the meeting of creditors at which they were asked to file. It was not disclosed at the meeting that they owed their mother £430. To his Honor: His mother was present at the meeting apparently to look after her affairs. She was a creditor. Mr MacGregor said that the woman was loft with nothing, and she had now to work for a living. His Honor made an order reversing Hie decision of the Official Assignee and allowing proof of debt by Mrs Stephenson to the amount of £430.