SUPREME COURT.

Otago Witness, Issue 3426, 11 November 1919, Page 49

SUPREME COURT.

CRIMINAL SITTINGS. Friday, November 7.

His Honor Mr Justice Sim sat at the Supreme Court on Friday. . The first business dealt with was tne sentencing of two prisoners—John Bennett, charged with the theft of £22 on board the Westmoreland; and William Gerald Manning, charged with having falsified accounts while in the service of John Watson, of Tort Chalmers. The latter accused had, on trial, when the caso had reached a later stage, pleaded guilty to the theft of £lB 10s 6d and £. ss.

His Honor sentenced Bennett to be detained for reformative purposes for a term of not more than three years. William Gerald Manning was then placed in the dock. In his case there had been a strong recommendation from the jury, and ho was represented by Mr Brasch. His Honor said that in view of the recommendation of the jury he would take the responsibility of giving the accused a chance. If released on probation he would have to pay the costs he had put the country to. and would have to make some restitution to Mr Watson. The question was what he could undertake to do. Mr Brasch: Will your Honor allow the case to stand down till Monday so that I can go into the matter. His Honor: The costs of (lie prosecution are £34, and £215 is the amount of the defalcations.

The case was then adjourned till 10.30 a.m: on Monday.

CIVIL FIXTURES

His Honor made the following fixtures:— November 10.—Crichton v. New Zealand Paper Mills, claim £SO general damages and £253 'os, loss of earnings sustained through accidpnt. . November 12.—Public Trustee v. Barry. Originating summons for the taking of accounts, and an appeal case, Begg and Co. v. the Clutha River Board.

November 13.—The following divorce or matrimonial petitions : —Hobbs v. Hobbs, Alexander v. Alexander, Julin v. Julin, Coombes v. Co % ibes. Dyke v. Dyke, Campbell v. Campbell, Scott v. Scott, and Cuddie v. Cuddie. The last two petitions are for a restitution of conjugal rights, and the ethers for dissolution of marriage. November 19. Hay ward v._ Otago Steam Laundry and Dye Works, claim £350 damages through injuries received during employment. November 20.—Quirk v. Winter, claim £SOO for breach of contract. November 21.—Parker v. Meldrum, claim for performance of an agreement, and £2OO damages for failing to complete same.

AUCKLAND, November 5. The decision in the case in which Harold Gregson, musician, applied in the Supreme Court for a divorce from Lquisa Eleanor Gregson, on the ground that respondent had refused marital relations, has been given by Mr Justice Stringer. His Honor granted a decree nisi, to be made absolute in three months. WELLINGTON, November 3.

Thxj Chief Justice to-day sentenced James M'Laughlan to six months' imprisonment for making a false declaration to a registrar of marriages. The judge said the prisoner's military record was bad. He had been returned to New Zealand as a chronic v.d. patient. He hoped the parents of the girl, who was under 18, would, take steps to have the marriage annulled. The criminal sessions of the Supreme Court were opened to-day, his Honor the Chief Justice presiding. Tire calendar i 3 a heavy one, there being 32 charges, against 16 prisoners. The Grand Jury returned no bill in the case of Margaret Ethel Levy, charged with concealing the birth of a child. Cecila Hunter was found guilty of forging a military allotment warrant. The passing of sentence was deferred. .In the case of John Lister, charged with indecently assaulting a girl eight years of age, the jury returned a verdict of common assault, and commended the child's mother for bringing the case. Sentence was deferred. November 4.

In the Supreme Court to-day Gilbert Gordon Satherley, 19 years of ago, was found guilty of indecent assault on a girl 14 years old. Sentence was deferred. Tipi Rimere, a young Native, pleaded guilty to the theft of a motor cycle and sidecar, and was remanded for sentence. Edward Myers, alias Myer Myers, pleaded guilty to attempting to obtain goods and money by means of a valueless cheque. Sentence was deferred. November 5.

In the Supreme Court to-day, before Mr Justice Chapman, John Lister, for common assault on a little girl in the Basin Reserve, was sentenced to 12 months' imprisonment. Gilbert Gordon Sotherly, 19 years of age, for indecent assault on a girl, received two years' reformative treatment. Edward Myer, for false pretences, with a record of 23 previous convictions, was sentenced to 12 months' imprisonment, and was decared an habitual criminal. Tipa Rimene was convicted of the theft of a motor cycle. The prisoner had served honourably at the front for four years. His Honor said he would give the prisoner a chance. He could not admit him to probation, but he would order the prisoner to present himself at the next sittings of the court. If he did not behave in the meantime it would be open for the police to bring him up for sentence on the present charge. Jack Tauwhanga was found guilty of assaulting Peter M'Mahon and robbing him of £l4l. Sentence was deferred. Walter Henry Newman was found guilty of stealing £4O from the person of Henry James Jackson and also of the theft of Jackson's overcoat. Sentence was deferred. November 6.

In the Supreme Court to-day Cecilia Hunter, charged with forging the name of her sister to a soldier's allowance, was ordered to come up for sentence when called on. She undertook to remain in custody until the 13th inst.. when she could reioin her husband, who had undertaken to look after her.

J. Tauwhanga, who was convicted of assault and robbery, was sentenced to 12 months' hard labour, to be followed by three years' reformative treatment. Walter Henry Newman, for theft, received 12 months' imprisonment to bo followed by three years' reformative treatment. Patrick Murphy, charged with committing an indecent assault on a boy, was acquitted.

Thomas Farrow, charged with committing bigamy, having been married in England' in 1914, and in Wellington last year, was sentenced to two years' hard labour. At the request of prisoner's counsel, who raised a point as to whether the Crown was bound to prove affirmatively that the first wife was alivo when the second marriage took place, Judge Chapman agreed to state a case for the Court of Appeal. CHRISTCITURCH. November 3. In the Supremo Court to-day Charles Halma Harrington, a pestal letter carrier, was sentenced to 12 months' reformative treatment on two counts of detaining and destroying postal packets. In the Supremo Court Marie Hill and Daniel Murray, alias Jackson, charged with the theft of £3O 10s from the proprietress, of the Trocadero Hotel, wertf found guilty. Hill was sentenoed to six months' imprisonment, and Murray to two years, and to be treated as an habitual criminal. An- order was made for the restitution of £29 recovered from the prisoners. Robert Dickson Warden, on two charges of theft from dwellings, was found guilty. The prisoner, who is an escapee from the Mount Eden Gaol, presented!,, a revolver at Constable Williams, .who arrested him at Sydenham on October 13. His. Honor, after detailing the prisoner's record, addressed him as follows: —"You seem to be an incorrigible rogue and .a menace to the public. I shall sentence you' to five years imprisonment on each charge, the sentences to be concurrent, aud I shall declare you to be an habitual criminal." — Frederick David Jones was. found guilty on two- charges of receiving stolen goods. Sentence was deferred. . November 4. In the Supreme Court to-day Frederick David Jones, who was found guilty _on charges of receiving, forgery, and uttering, was admitted to probation for 12 months, and ordered to refund £l9, the proceeds of the forgeries, and to pay £5. costs of the prosecution. His Honor expressed the opinion that the prisoner, was probably the catspaw of another person. Joseph Terrenco Maher was found not guilty; on a* charge of theft of £3, but was convicted on another charge of stealing £2O from the totalisator at Addingtoh, and was sentenced to 12 months' hard labour. Robert Knox Elliott, charged with discharging a revolver with intent, waa found not g-udty. November 5. In the Supremo Court to-day Henry Trabnell Laing was found guilty of attempted carnal knowledge of a girl under 16 years and indecent assault. Sentence was deferred till to-morrow. John Lynch, a stonemason, was charged with having,, forged a totalisator ticket at the Metropolitan trotting meeting on August 15 entitling the holder of the ticket to a double-figure dividend on Dillon .Direct,. the winner of the Federal Handicap, also with having} attempted to induoa a totalisator clerk to act on it as if it were genuine, and, in the alternative, with having used, the ticket knowing it to be a false dooument. The evidence-for the Crown showed that the ticket was a clever forgery. It was suspected by a pay-out clerk, who closed the window in order to examine it. The accused went away, but .later he returned to the totalisator house demanded payment. The accused, giving evidence on his own behalf, said ho chuinnied up with a soldier on the course, and they betted together all the afternoon. The ticket was given to him by his .friend for the collection of the dividend, and he had no idea that it was not. genuine. His Honor, in summing up, said it must be remembered that there were some very smart people to be found on a racecourse, and the accused might have been made_a cat'spaw. The jury ; after a brief retirement, returned a verdict of not guilty. November 6. In the Supreme Court Charles' Robert Bignell, of Westport, was charged with supplying noxious things to Ellen Hale with intent to procure a miscarriage. The case was heard at the last sitting of the Supremo Court at Greymouth. The jury failed to agree, and the Crown's application for a change of venuo was granted. After four hours' retirement the Jury returned with a verdict of guilty', with a unanimous recommendation to the utmost mercy. His Honor snid the rom-mmenda.' tion would receive his consideration. November 7. In the Supreme Court to-day Charles Robert Bignell, found guilty on the previous day of supplying noxious things with intent to procure a miscarriage, was sentenced to 18 months' imprisonment with hard labour.—Frederick Alexander Jackson. was sentenced to 12 months' imprisonment for the attempted theft of a motor bicycle. —Ah Chung was acquitted on charges of indecent assault a.nd carnal knowledge of a girl under 16 years of age.