SUPREME COURT.

Otago Witness, Issue 3804, 8 February 1927, Page 52

SUPREME COURT.

CRIMINAL SESSIONS. FOR TRIAL. ’ Tho following prisoners will come up for trial this morning:— Kum Chong, alleged assault, causing Actual bodily harm. Albert Harris, alleged breaking and entering and theft. William Alfred Robert Fussell, alleged breaking and entering and theft. CIVIL BUSINESS. Before a Judge and Jury of Twelve. Smart and another v. Ramsay, claim ' damages £394 12s. Before his Honor the Judge alone. Bates, Sise, and Co. v. Turnbull, Martin, and Co.. alleged damage to shipping cargo, claim £l3BB Ils 6d. Pringle v. Pringle, alleged conversion and order for accounts. Bank, of - Australasia v. Curtis, claim cheque for £645 Andrew v. Taylor, claim for land sold, £B7B 17s. Gage v. Heycock, claim for specific performance of contract. Norris v. Dunedin City, claim for damages, £320 8s 2d. Shaw v. Farmers’ Co-operative Insurance Association of New Zealand (Ltd.), claim for insurance, £3OO. DIVORCE. Before his Honor the Judge alone. Ross v. Ross and another, on the grounds of adultery. Ryan v. Ryan, on the grounds of desertion. Edwards Y. Edwards, on the grounds of desertion. Black v. Black, on the grounds of failure to render conjugal rights. Murray v. Murray, on the grounds of i separation. Whittle v. Whittle, on the grounds of desertion. Woodrow v. Woodrow, on the grounds cf mutual separation. Marr v. Marr, on the grounds of separation. . Harrhy v. Harrhy, on the grounds ct mutual separation. AUCKLAND SESSIONS. AUCKLAND, February 1. Commenting on the criminal list at the skj>r erne Court, Mr Justice Stringer said I*, regretted its length. There were, unfortunately, a large number of charges of M<waults upon children. One case which required mention was that of two men who were charged with breaches of the Bankruptcy Act. The Act made certain provisions for the purpose of honest trading and the proper keeping of books. It was ait offence to contract liabilities when there - ■was no reasonable ground of paying them ■Jack. The two men in question became Twnkrupt in August- of fast year, when their assets were £1125 and their debts - £3849. Thus, they paid about 5s in the £. Ths charges made against them were that they failed to keep proper books. In October. 1924, they commenced business, and until January, 1925, they did not keep books. They started to do so at this time, but only imperfectly. When endeavoring to raise money, an examination of their books revealed the true position of affairs. Another point was that the bankrupts contracted liabilities just before and during their bankruptcy. February 5. * In the Supreme Court, Benjamin Addington Reston was admitted to two years’ probation on four charges of theft from his employer, conditional on restitution to the extent of £3B being made. , Ciifton Webb Verran was admitted to T .'obation for two years, the accused having made complete restitution. William Robert Curson was found guilty of being an accessary to the theft of £B, and was admitted to two years’ probation on condition that he took out a prohibition order against himself.

WELLINGTON SESSIONS. WELLINGTON, February 1. Raymond Neil Ward was to-day found guilty in the Supreme Court before the _Chief Justice (Sir Charles Skerrett) on a charge of false pretences. The- jury also brought in a strong recommendation to mercy on account of the accused’s age. 'Ward falsely represented, with intent to defraud, that he had for sale about six tons of iron stored with a Wellington firm. He received a cheque for the iron for £143 18s 3d from Smith and Smith and cashed it. Stating that the jury could rely on the recommendation being given effect to the Chief Justice deferred sentence pending a report from the probation officer. Albert Edward Duncan pleaded guilty to breaking and entering a shop in Chuznee street and stealing tobacco, to attempting to break and enter by night with intent to commit a theft, and to being found in possession of an instrument for house-break-ing. His Honor remarked that the prisoner had a bad police report, and imposed a sentence of three -years’ hard labour. _ . — February 5. Prisoners were sentenced by the Chief Justice (Sir Charles Skerrett) in the Supreme Court to-day. Edward May Eric Jones and Albert James Olson appeared for sentence for receiving stolen silk. His Honor said he did not intend to discriminate between the prisoners as he believed them to be confederates, itach was sentenced to three years’ hard Raymond Neil Ward appeared for sentence for false pretences. His Honor said he had decided to grant probation, but at the same time he had formed a very poor opinion of the prisoner’s moral character and his intentions. The prisoner was admitted to probation for two years and was ordered to pay the cost of the prosecution—£l3 13s. James Walter Houston was admitted to probation for two years for forgery and uttering and false pretences. His Honor said the police report stated that the prisoner was industrious. The prisoner was ordered to pay the costs of the prosecution -*-£8 4s, and to make restitution within 12 months. James Junk, a labourer, aged 59 years, was sentenced to 12 months’ hard labour for committing an indecent act.

February 4. Charles Parker was to-day found not guilty in the Supreme Court before Mr Justice Reed on a charge of obscene exposure. TIMARU SESSIONS. TIMARU, February 1. The Supreme Court sessions were opened to-day before his Honor Air Justice Adams. There were no criminal cases, but some half dozen civil actions. A son and daughter of the late Patrick M'Cann claimed £l5OO from the South Canterbury Hospital Board by way of compensation for the death of M'Cann, who, it was alleged, died as the result of having been accidentally poisoned in the hospital. The action was settled ~ut of court on the payment of £350 by the board to Miss M'Cann and £5O 'o Mr R. M'Cann. The board also agreed to pay £5O costs to plaintiffs’ counsel as part of this settlement. It was recognised that there was no personal negligence or moral blame on the part of the board, but the board accepted responsibility for the acts of its servants m an -ccident which was of rare nature and highly improbable of recurrence. In a case inder the Family Maintenance Act, where the testator left £40,000, granting the widow only £2OO a year, the court increased this sum to £6OO, with a cash payment of £l5OO for the purchase of a home.

CHRISTCHURCH SESSIONS. CHRISTCHURCH, February 2. At the criminal sessions of the Supreme Court, which will be opened on Tuesday next, five prisoners will stand their trial—three on charges of causing death by reckless or negligent driving of motor cars. Ine other charges are for indecent assault and manslaughter. February 4. Five prisoners appeared for sentence before Mr Justice Adams in the Supreme Court to-day. Charles. Ollive Lilley, who broke into a house in order to get food for himself and his wife and family, who were starving, was admitted to probation for two years, on condition that he took out a prohibition order against himself. His Honor said that on the facts alone the offence would call for imprisonment on account of its frequency, but there were exceptional features in the case. Lilley's act was committed under stress of want in his home, and his wife was in a condition in which she required all care and attention possible. Hupirimi Karaitiana, who broke into a shop at Waikuku Beach and stole cigarettes, was admitted to probation for 12 months, and ordered to pay £1 Ils costs. Walter Stanley Evans, who broke into a whare belonging to his brother-in-iaw and stole £lB 7s, was ordered to be detained for reformative treatment- for two years. ‘‘He is drifting into a criminal career,” said Mr A. T. Donnelly (Crown Prosecutor), when Arthur Ernest Johns, 17 years of age, came up for sentence for breaking and entering and theft at Dunsandel and Irwell. Johns was ordered to be detained for reformative treatment for not more than two years. Margaret Tini, a Maori girl who is serving 12 months in the Borstal Institute, Wellington, for theft, came up for sentence on another charge of theft. His Honor said that the present charge seemed to represent fairly extensive operations. The prisoner would be sentenced to an additional year’s detention in the Borstal Institute.