SUPREME COURT

Otago Witness, Issue 3298, 30 May 1917, Page 5

SUPREME COURT

I BREACH OF PROMISE. AUCKLAND, May 14-. In tho Supreme Court, lima Eileen Pegler claimed £5Ol from George 'lnomas Coxhead (farmer) for breach of promise to marry. The case for tho plaintiff was that about a month before tho date of the marriage tho defendant broke off the engagement, offering no excuse. Defendant's counsel denied an allegation by the opposing counsel that Coxhcad's family had been agreeable to tho engagement only so long as it proved a bar to his being compelled to go to the war, and that their attitude changed on tho introduction of tho Military Service Act. Counsel stated that the defendant, finding his affections waning, had taken the course of breaking off the relationship rather than risk a marriage in the circumstances. This, counsel suggested, was honourable. The jury awarded tho plaintiff £2OO. CRIMINAL SITTINGS. AUCKLAND, May 22. At the opening of tho criminal sessions to-day, Mr Justice Stringer suid there were about 17 charges, including a charge against eight Maoris, who were charged with tho murder or manslaughter of a youth at Kaitaia some time ago. He was bound to s iy that there were no elements of murder in the case, the necessary intention or malice aiorethought being entirely absent. He supposed from the depositions that the accused believed that the youth might exercise some evil influence over some children. Superstition 'had a good deal to do with the matter. He directed the Grand Jury to reject the bill for murder and bring in a true bill for manslaughter. Domingo Carlos and Enrique Varela, Spanish firemen, pleaded guilty to a charge of assaulting the British members of the crew of a >teamer. Carlos waa sentenced to six months' imprisonment and Varela to one month. Alfred Crossey, alias Crossby, alias Crossley, was found guilty of false pretences, forgery, and utterance of a cheque and theft, and was sentenced to three years' imprisonment, with hard labour. May 23. In the Supreme Court, John Hall, alias John R. Smith, pleaded guilty to charges of bigamy and making a false declaration. He waa sentenced to six months' imprisonment on each charge, tho sentences to be concurrent. William Reid was found guilty of stealing a sheep, and was sentenced to six months' imprisonment. A half-caste Samoan youth, desoribed a 3 a sexual degenerate, pleaded euiltv to indecently assaulting a little girl and discharging a firearm at the girl's father. He was committed to Burnham. NEW PLYMOUTH, May 16. In tho Supreme Court William James Jones was acquitted on a charge of assault on a Maori girl at Waitnra. In a slander action, in which May Softon sought to recover £750 damages from Lowry Baskin for defamatory statements alleged to have been made by him at a meeting of the Stratford County Council, tho jury awarded £350. Three divorce actions wore dealt with, each on the wife's petition. In the dofended case, Mary M'Nab v. David M'Nab, the jurv decided that tho respondent was not guilty of habitual drunkenness and habitual cruelty, and the petition was dis-

I missed. The other two petitions—Euphemia I' Clarke v. James Clarke and Julia Heathei v. Arthur Heather —were unopposed, and decrees msi were granted. May 18. In the Supreme Court three actions were brought by milk suppliers against factories. In two cases the question was whether the suppliers, who were also shareholders, but who took milk to the factory only for part of the season, were entitled to a bonus. Tho articles of association defined bona fido suppliers as shareholders suppling the whole of their milk during the season. The plaintiffs sued for a bonus. Decision was reserved. In the remaining case the plaintiff was not a shareholder up till the end of tho financial year, but acquired shares by transfer before ■ the bonus was declared. As the defendant company had deducted money on account of the shares from the monthly cheques, the plaintiff was entitled to rank as a shareholdeir As an alternative, it was claimed that the parties should rank as vendor and purchaser, or principal and agent, and so be paid a reasonable prioe. Decision was reserved. WELLINGTON, May 14. In the Supreme Court John Lavingo, aged 54 years, was sentenced to 10 years' imprisonment for indecently assaulting a male. May 15: In the Supreme Court, Arthur Henry Woods was sentenced to seven years' imprisonment for indecently assaulting a girl about five years of age. Mr Justice Edwards called him a curse to the community and a menace to childiren. May 16. In tho Supreme Court to-day Gustav Hirschberg 1 , charged with arson at Carterton, was sentenced to five years' reformative treatment. WELLINGTON, May 22. In the Supremo Court, John Walsh recovered £175 from William Butler for damages caused through a ladder on which the plaintiff was painting a house carrying away._ The result of the fall was that the plaintiff's left leg was broken. Tho jury found that the ladder provided was unsafe. The original claim was for £255. Notice of appeal was given. CHRISTCHURCH, May 14. At the Supreme Court Joseph John M'Clintock, convicted of breaking and entering, was sentenced to two years' imprisonment. A young man named Ernest Lionel Archer, guilty of theft, was ordered to come up for sentence when called upon, on the understanding that he would not be called on if ho enlisted. Philipa "V. Scott, for attempting to procure abortion, was j sentenced to five years' imprisonment. Mr Justice Denniston said she had apparently i practised this disgraceful and discreditable operation for many years. j May 15. j In the Supremo Court to-day, Mary Ellen I Higgins was convicted and ordered to come j up for sentence when called upon, on a charge of stealing £6O 16s. A gunner in tho Expeditionary Force had allotted portion of his pay to her, and she was to bank it for him. On being invalided home ho found that she had married and spent tho money. Mr Justice Denniston described ii as n most shabby act, and said he would have imposed a sentence, but for the accused's condition May 18. In tho Supremo Court Daniel Jervois Bray was sentenced to six months' imprisonment for indecent nssault on three children. Edwin James Sheard wa3 found '

guilty of forgery, theft, and- detaining * postal packet, but no sentence was in> posed The accused (a soldier) forged his ••ife'jj name to a redirection order at the Post Office, and detained letters addressed to her. He stated that he had secured the letter* with a view to stopping a certain correspondence. He thought he had an honest rjght to open his wife's letters. Charles Valentine Kear, a returned soldier, was charged with indecently assaulting a girl under 12 years of age. The juey returned the following verdict: —"Guilty, with a recommendation that if the accused is a returned soldier wounded in defence of hi» country as much mercy as possible should bo oxtended to him as is consistent with the proper protection of the community." Mr Justice Penniston. > after referring to accused's record, which showed a conviction for theft in 1907, said that he would give as much attention as possible to the recommendation to meroy, but in these cases attention had to be given to the interests of the country. Men who did these things were sometimes not responsible for their actions in the sense that they had strong sexual impulses whioh thev did not resist. He had to protect the children of the country from such men as these, but ho would endeavour to make some allowanoe for the fact that the accused was a returned soldier. With his present propensities the prisoner was a dangerous man. The case was surrounded with some characteristics which made it one of the worst of this class he had had before him for some time. Ho felt that he was giving really more weight to the jury's recommendation than he should in sentencing the accused to four years' imprisonment. If it had not been for the circumstances of his military career a much longer sentence would have been imposed. May 21. In the Supreme Court to-day Robert M'TClhinney, sheep-farmer, (of /Ashburton, sued Alfred J. Keith, sheep-dealer, of vAshburton, for £SOO damages for alleged slander. The claim was founded on an alleged statement by the defendant in an hotel at Waimate that plaintiff stole a sheep out of the piiblio saleyards. The caee is proceeding. TIMARU, May 24. In the Supreme Court, an ex-taxi owner named J. F. Pelvin was fined £25 for perjury in denying ownership to avoid a claim for damages. A discharged soldier was sentenced to three years' reformative treatment for a criminal assault on a boy. A Maori, who was charged with a criminal assault on a. Native girl at Arowhenua, was acquitted.