SUPREME COURT SHITINGS.

Otago Witness, Issue 3100, 13 August 1913, Page 38

SUPREME COURT SHITINGS.

AUCKLAND, August 11. At the Supreme Court Lenda Daniel, of Auckland, claimed £5Ol, damages for breach of promise of marriage, from Richard Chambers Knowles, building contractor, of Rahotu. The judge said there was abundant proof of an engagement and breach of promise. The jury assessed damages at £3-00.

A ease of alleged breach of promise which was to have been heard this afternoon. did not come on, as a private settlement was effected. The defendant was Dr George Fenwick, and the plaintiff Lily Ellis. The amount of damages which the latter claimed was £SOOO. An hour and a-half was occupied in arranging a settlement. “ Neither the court nor the public is interested in the terms of settlement in a case of this description,” observed Mr Justice Cooper, in striking the case out. WELLINGTON, August 3. At the Supremo Court to-day Mr Justice Chapman ordered Sydney Oscar Thomas, 13 years of age, to come up for sentence when called upon for tire theft of a postal packet at Woodvillc. Percy Alfred Fabian, who was found guilty the previous day on three charges of theft of overcoats, was ordered to be detained for two years’ reformative treatment. James Henry Sargeant, alias Graham, alias Watters, pleaded not- guilty to having broken and entered a house at Levin by night, and stolon a watch and other articles, valued at £75. He was also charged with having received goods knowing them to have been stolen. The jury returned a verdict of guilty on the charge of receiving, and sentence was deferred till to-morrow. James Whitaker was charged with receiving stolon property—the watch referred to in the previous case. The jury found him not guilty, and lie was discharged. August 6. Frank O'Brien Gillespie was to-day found not guilty on a charge of attempting to break and enter a counting-house on Lamhton Railway Station. James Henry Sergeant, who had a long list of previous convictions against him, was sentenced to two years’ imprisonment, on a charge of breaking and entering, and was declared an habitual criminal. August 8. In the case of Joseph Houldsworth Smith, who was charged with having committed an indecent assault, the jury after four hours’ retirement announced that it was of opinion that the accused was guilty of doing an indecent act, but without criminal intent. His Honor said he would have to consider the finding, and perhaps submit it to the Court of Appeal. The accused was released on bail. Walter Thomas Miles was found guilty of stealing money. The prisoner and William Albert Murray, who on the previous day had been convicted with Miles of assault and robbery, were put forward for sentence. Miles was sentenced to 18 months’ hard labour on each charge, the terms to be concurrent, and he was also ordered to be detained for two years for reformative treatment. Murray was sentenced to 18 months’ imprisonment, and was declared an habitual criminal. August 9. At the Supreme Court to-day, before M r Justice Chapman, Patrick Donovan and Thomas John Lewis were charged

with housebreaking at Northland, on May 10. Lewis pleaded guilty, Donovan not guilty. The evidence showed that accused, after escaping from gaol, broke into a house and stole wearing apparel valued at £4 Bs, discarded their convict dress, and donned civilian attire. They were captured next day with sandbags in their possession. Donovan was found guilty. The records showed that both were hardened criminals. Both were sentenced to three years’ imprisonment, cumulative on the sentence they are at present serving, Lewis, for the third time, being declared an habitual criminal. August 11. The case in which John lion Ids worth Smith, an ex-Territorial officer, was charged with having committed an indecent assault and also an indecent act, was mentioned at the Supremo Court to-day by Air Justice Chapman, who said that, u.s the case was tried with closed doors, he wished to explain the course that had been taken. The evidence, which was properly withheld from publication, was mainly that of several young lads, whose statements wore undoubtedly true. An attempt-was made to show that Captain Frandi had influenced them or had influenced the course of the proceedings. There was not a particle of foundation for this, or any suggestion to the detriment of that officer. The jury returned the following verdict:—“Not guilty on the counts for indecent assault; guilty of an indecent act, hut without criminal intent.” Ilis Honor had taken time to consider whether it was necessary to reserve any question for the Court of Appeal, and was now satisfied that it was not necessary so to do. The verdict negatived criminal intent, and entitled the accused to an acquittal.

Edward Patrick Madigan was sentenced to six years’ reformative treatment for a grave sexual offence. His Honor, after referring to the necessity of dealing firmly with this class of offence, said that at an early date the prison authorities would consult the medical authorities as to the best course to pursue in the treatment of such cases, and he would send in a report from the bench to the Prisons Hoard, so that that body could see what could he done.