SUPREME COURT.

Otago Witness, Issue 3882, 7 August 1928, Page 54

SUPREME COURT.

THE AUCKLAND SESSIONS. AUCKLAND, July 31

Tn the Supreme Court to-day Mr Justice Blair, addressing the grand jury, said that one case which would probably cause the jury some little consideration was that in which Michael Maher was charged with the theft of a pearl necklace which cost about £9OO. Its owner lost it at the Ellerslie races, and advertised for it without offering a large reward, so as not to disclose its value. The accused admittedly saw the advertisement, and he said he rang up the owner’s house and spoke to a maid. The maid denied the conversation. It was alleged that the accused next took the necklace to a jeweller, who told him it was worth over £2OO. It was in his favour that he made it perfectly plain to the jeweller that he had found the necklace. He apparently did nothing further towards returning the necklace, the reason probably being that he was holding out for a larger reward. A difficult legal situation arose. A finder of lost goods committted theft if he appropriated them to himself and exercised any act of ownership over them. The weakness of the Crown case against Maher was that apparently he did not exercise any overt act of ownership. All he did was to remain passive. He could not be convicted of stealing the necklace unless the Crown -established that he intended to deprive its owner of it permanently. Whether the evidence amounted to sufficient proof or whether there was any proof of an intention on the part of Maher to deprive the owner of the pearls was for the jury to say. H- asked them to -onsidcr the case carefully. It was one in which the Crown case was admittedly wea The grand jury returned no bill. The first case heard was that of Henry James Shepherd, who was charged with breaking and entering the dwelling of William Smith at Kaeo at night with intent to commit a crime, and also with being found on premises at night without lawful excuse. ' The offence was alleged to have been comitted about 1 o’clock on the morning of April 23.

Mr Hubble, for the Crown, said the accused lived on a small farm about half a mile away from Smith’s farm at Kaeo. They were on friendly terms. The charge was that on the night in question Shepherd visited the house while Smith was absent and entered a room where Mary Smith, aged 17, was sleeping. The other occupants of the house were Mrs Smith and '•’ur young boys. When Mary Smith was awakened by the accused she called out to her mother, who went in quickly with a.torch. She flashed it on so that both distinctly saw the man. The man struck the torch out of her hand and ran away. The accused denied the charge. He stated that he suffered from shellshock arising from wounds in the head as well as from chest trouble. The jury returned a verdict of not guilty on the first charge, and guilty on the second, with a strong recommendation to mercy on account of the accused’? physical disability. August 1. Henry James Shepherd, charged with breaking and entering a dwelling at Kaeo with intent to commit a crime and with being found on the premises at night without lawful excuse, was found guilty on the second count, with a.strong recommendation to mercy on account of his physical disability. He was admitted to two years’ probation on paying the costs of the prosecution. Mr Justice Blair said he was satisfied that the prisoner had no felonious intent. August 1. Errick Charmers, aged 47. charged with obtaining money totalling £260 from three men by representing that he was proprietor of a business which was security for the amounts he received, was acquitted without the defence being called upon. Mr Justice Reed directed this course, saying: “ 1 think the jury will agree that this is a pretty barefaced swindle, but I regret to say that the accused lias not been brought within the provisions of the law.” Addressing the accused, his Honor said: “I regret very much having to discharge you as, of course, your swindle was a cruel and heartless one in that you took money from men who were out of work. The whole thing was a terrible swindle but I fear you have escaped the meshes of the law.”

The trial of Philip Thomas Tucker, hairdresser, on charges of indecent assault and assault on a girl aged 17, was concluded. The jury returned a verdict of not guilty on both counts, adding the following rider:—“ The jury wishes to record a severe vote of censure against the accused in taking advantage of an unsophisticated girl in such circumstances.” AUCKLAND, August 4. Whakatutere Honi Peka was sentenced to seven years’ imprisonment for rape on a young girl at Pikiwalune, near Whangarei; Summers Heruik Edwards, for breaking and entering and theft, was •sentenced to two years’ imprisonment; Downey V\ hangaroa Pompalier was given three years’ probation for carnal knowledge at Kirikopuni; Algernon James Body received two years’ probation for false pretences; Frank Baller and John Leslie Buckley, who admitted having escaped from ’lawful custody, and also to a series of thefts, were each sentenced to three years’ imprisonment, in addition to the sentence they are already serving. Mr Justice Reid said he had nothing to do whatever with any complaints,made in a written statement put in by each accused.

August 1. A plea of guilty to a charge of bigamy and one of making a false statement was made by Ernest Heap, aged 48. He was remanded until Monday for sentence. Evidenc- was given in the Magistrate’s Court that Heap went through the form of marriage un May, 1919, at Whakatane, there being three children of the union. A certificate was produced of prisoner’s marriage to Amy Ogden at Lancaster, England, in 190.4. . Tn a statement to the police Heap said that after living in England for some time he left his wife and child and came

tr New Zealand. His wife followed in 1910, but had disliked the country, and returned to England in 19.13 without his knowledge. Since then he had heard nothing from her.

PALMERSTON NORTH. PALMERSTON N.. July 31. The quarterly session of the Supreme Court opened this morning before Mr Justice Smith. His Honor congratulated the district on the lightness of the criminal calendar, there being only’three indictments, against two accused persons. True bills were found in the case of Robert M’Conkey, aged 53. alleged indecent assault on girls of 13 and 15 respectively, and Norman Ernest Stanley, for allegedly sending a letter containing a .threat to kill. MConkey was found guilty of indecent assault on his stepdaughter, aged 15 years, and was remanded for sentence. August 1. Robert M’Conkey, carpenter, aged 53 years, was found not guilty of indecent asault on his step-daughter at Oorangi on July 4. TIMARU SESSIONS. TIMARU, August 2. At the Supreme Court to-day Joseph William Shields, on a charge of assaulting Francis Powell and causing bodily injury, was fined £2O, or three months’ imprisonment.

Frank H. Fowler, charged with the theft of a car valued at £l9O, was sentenced to three years' reformative treatment.

The court was occupied for three davs hearing charges against Bernard L. Blackwell and Ernest G. M'Cunn of breaking and entering two farm houses with intent to commit a crime, and also with being found by night unlawfully on premises. The evidence showed that the men had been drinking, and, on refusing to leave the houses, had been fired at with a shot gun by an 18-year-old boy, as the result of which both had been sent to hospital. M'Cunn was found not guilty, and Blackwell guilty of being unlawfully on premises. Sentence was deferred.