SUPREME COURT

Otago Witness, Issue 3455, 1 June 1920, Page 46

SUPREME COURT

AUCKLAND, May 12. In the Supreme Court his Honor Mr Justice Chapman, in opening the sittings, said there were 34 cases. It was the longest list for some time. Ho hoped it was only an incidental accumulation. The list includes throi charges of alleged murder and one of attempted murder. Rose May Dolphin was sentenced to three months' imprisonment for bigamy. ' May _ 18. The grand jury concluded its duties at the Supreme Court to-day, returning true bills in all save one of 34 cases put before it. The exception was a charge of murder against Alfred Thomas Percy Victor Dare in connection with the motor fatality ab Penrose on January 26. A true bill was returned on the alternative charge of manslaughter. The grand jury suggested that in view of the large number of offences of a sexual nature against young children, his Honor should take into consideration the advisability of sentencing offenders to the lash. May 22. At the Supreme Court two Maoris—Paul Teno and Hori Penetito —for assault on a European at Titeko, were sentenced, Tene to 12 months' reformative treatment, and Penetito was fined £ls and ordered to pay £lO towards the cost of the prosecution. In reply to counsel for Tene, Mr Justice Chapman said: "I have never seen my way to overlook a brutal assault in which a man has been injured. I always give imprisonment in such cases. This is not an arbitrary rule, and the necessity for it has been proved over and over again. I do not wish to interfere with others who administer justice, but. I sometimes think that sonie magistrates are too lenient in dealing with drunken assaults. I do not mention any names; indeed, I could not recall them if I tried, but as I say, I feel that such oases are often too leniently dealt with." Thomas Percival M'Quillan, for theft in the Rotorua district, was sentenced to three years' hard labour and declared an habitual criminal. He had a long list of previous convictions.

' Wiremu Rana, also with a bad record, who is already serving a sentence of a year's hard labour -and not more than -four years' reformative treatment, was sentenced to a similar period for the theft of a horse from a relative, thus adding a few months to his term of incarceration. WANGANUI, May 27. At the Supreme Court to-day Jeffrey Johnson, for the theft of £6O at Marton, was sentenced to six months' imprisonment. Sir Robert Stout commented on the number of thefts recently, particularly the wave of crime in the Manawatu district. It appeared that either the police had affected a "go-slow" policy, and were not doing their duty, or that some people regarded thieving as a thing not wrong. He believed the police would do their best to stop this thieving, but no arrests had been made-

Oscar Stangeby, who had already been declared an habitual criminal, was sentenced to six months' imprisonment for breaking gaol at Warjganui. and two years for theft of jewellery, the sentences to be concurrent The accused was declared an habitual criminal. WELLINGTON, May 20. - In the Divorce Court to-day H. J. O'Halloran, a farmer and land agent at Woodville, was granted a decree nisi on account of his wife's misconduct with Frank Albert Loft. He claimed £2OOO damages, and the jury awarded him £SOO. CHRISTCHUECH, May 24.

In connection with the criminal sessions, which opened this morning, the grand jury found a true bill against a man charged with having assaulted a girl in Hagley Park, and submitted a rider that, in the opinion of the grand jury, flogging should form part of the punishment in cases where the accused -were convicted of indecent assault on young girls. Mr Justice Herdman said that cases of this character differed, but he would give consideration to tho jury's rinding. May 26. At the Supreme Court to-day Bernard Olsson, with several aliases, was sentenced to seven years' imprisonment, with hard labour, for an attempted unnatural offence. Ho had been convicted of indecent assault at Auckland in 1910, and of an attempt to commit an offence at Christchurch in 1915, when~he was sentenced to five years' imprisonment. Mr Justice Herdman said the accused was a menace to the community, and must be kept under lock and key. Joseph John O'Connor and Arthur Allan Dodd were each sentenced to six months' imprisonment for common assault. Donald Henry Campbell received two years' imprisonment for attempted breaking and entering, and William Thomas Crocker, three years' imprisonment for indecent assault. Harry Diepenheim was acquitted on charges of theft and receiving. TIMARU, May 25. At the Supreme Court to-day the grand jury ■ returned true bills in all of the three cases .submitted to them. Two inen who had pleaded guilty were dealt with. Alex. Charles Mackenzie, who had defrauded his employer, a master baker, of £73, received for bread delivered, and whilst under remand for sentence in the case had stolen a man's Post Office bank book and forged a withdrawal order for £4O, was sentenced to reformative treatment for a period not exceeding five yeai-s. Albert C. T. Lamb, who broke from prison at Timaru while awaiting trial on a charge of theft, of which when tried he was found not guilty, was now brought up on his plea of _ guilty to prison breaking. His counsel pointed out that, as he had been acquitted on the charge on which he was detained in prison, tho charge of breaking did not_ lio. His Honor agreed, and ordered a discontinuance of tho proceedings. Edward Ellis, a steward on the steamer Corinthic, who was charged with stealing an overcoat from tho shoo of J. Craigie when tho steamer was in Timaru, was ao-

quitted, the only evidence against him being that the coat was found in his bunk at Wellington, and he denied all knowledge of it. Two other members of the same crew— L. L. Valentine and V. W. L. Ellis—were charged with the thefts of an overcoat and a doormat, the latter from the Custom House, which was broken into the same night. The jury disagreed, and a new trial will be held. The cases in connection with the Chinesefruit shop raids will be heard in the morning.

May 28

At the Supreme Court to-day William Leonard Ellis, a third class steward on the Corinthic, which he was to leave at Wellington, was sentenced to three years' reformative treatment for receiving an overcoat knowing it to have been stolen while the steamer was at Timaru. Accused admitted being in the hotel whence the coat waa stolen, but denied all knowledge of the theft. Mr Justice Sim said he did not believe him, and he would consider probation if the accused made a clean breast of it, and told how all the thefts in Timaru were committed. His counsel said that accused was not obstinate —he really did not know. The coat was found at Wellington under the maftress in one of a large number of unoccupied cabins which were under accused's charge. May 26. . At the Supreme Court three men, charged with wilful damage to a window of a Chinese fruiterer's shop and assault on April 17, were acquitted. The only evidence identifying these men amongst the crowd was that of two girls. _ Each of the accused brought men companions to prove that they took no part in the mischief. The window- cost £66 to replace. The second trial of two stewards off the Corinthic for breaking in and theft was then taken. Both men were acquitted of the charge of theft, but V. W. L. Ellis was found guilty of receiving an overcoat knowing it to have been stolen. Sentence was deferred.