SUPREME COURT.

Taranaki Daily News, 6 February 1919, Page 8

SUPREME COURT.

ALLEGED THEFT OF SAIL CAWA& The charge of stealing a sail-canvas- ' from the vicinity of the New Plymouth v.'harf, against Samuel Edward Doyle, which was heard at the last sittings of: the Supreme Court in New Plymouth, and in which the jury disagreed, was reheard yesterday. Mr. H. R. Billing prosecuted, and accused was represented by Mr. A. H.. Johnstone. The following jury was empanelled: Messrs. F. Stevens, E. A. UpsJi, VV. H. Pellew, A. 0. Woollett, Marritt, L. J. Laurent, H. 0. Skelton, E. A. Johnston, J. Telfar, J. K. Hawkins, H. Cocker, R. JL. Frethy, Mr. Cocker was chosen foreman. The evidence taken waa practically identical with that at the previous trial Mr. Johnstone submitted that there was no case to go to the jury, as there had been no evidence that accused stole the canvas, or that he received the same knowing it to have been stolen. In every case of theft of chattels there must be some proof of ownership, and there should be proof that being the property of someone else accused had no right to receive the chattels, or to deal with the goods. In the case before the court there had been no sucli evidence before the court. Until proof to the contrary was given there was nothing unlawful in the possession of the canvas by me accused. He cited other cases which he claimed supported his contention. His Honor stated that lie did not agree that the cases cited supported Mr. Johnstone. In those cases there was certainly nothing to show that the goods were taken from any person. In the present case the goods were taken from the Harbor Board, cither as owners or custodians of the goods. His Honor said, therefore, that he could not withdraw the case from the jury. . No evidence was called for the defence, counsel merely addressing the jury, who retired at 8.24 p.m.* and returned' at 9.25 p.m. with a verdict of not guilty, and prisoner was discharged. ARRANGEMENT OF CIVIL AND OTHER BUSINESS. In arranging the order of civil and other business at the Supreme Court yesterday a number of cases were disposed of as follows: CIVIL CASES. In arranging the order of hearing of other cases set down, cases were disposed 'of as follows: Henry Brown and Co., v. J. H. Robson. —settled. J. R. Corrigan v. Noti Wairahui.—Adjourned. Henry Billing v. Wi Paraoana and others. —Settled. H. J. Ruakin v. Farmers' Co-op. Organisation Society.—Discontinued. I Rebecca Tabor v. Alice Paul and others. —Settled. The ease of Benton v. Cressey was set down for 10 a.m. on Friday. DIVORCE. The case of Smith v. Smith was struck out, and that of Eves v. Eves was stated would be undefended. The other eases wore set down for hearing at 9 a.m. tq-da"y. BANKRUPTCY. Bankruptcy matters were set down for this morning also. ' APPEALS. ; The appeal Tapp v. Tapp waa adjourned until next session. The other cases set down \,-'..l be taken as opportunity offers. THE OTTILXIE FJORD CASES. In the matters of tiie claims against the schooner Ottillie Fjord Mr. J. 11. Quillittm, who stated he had just received cabled instructions to act on behalf of the owners of the vessel, said when the claims were made it was not known wheI ther the vessel was under charter or had been loaded by the owners. It was i now known that she was not under char- | ter, and it might therefore be necessary to take evidence on commission in Sail Francisco. In view of that he a3ked that the cases be adjourned. Mr. A. H> Johnstone, who represented Messrs Spedding and Stainton, raised no objection and Mr. D. Hutch'en (for Messrs Burgess, Fraser and Co.), concurred. The case was therefore set down for the next gltting of the Court. "~ AUCKLAND SESSIONS. By 1 Teltgraph.—Press Association. Auckland, Feb. 5. At the Supreme Court, Albert Morine, who was charged with manslaughter at Naike, having gouged out the eyes of an infant child, was found insane and committed to an asylum. TIMARU SESSIONS. Timaru, Last Night. The criminal session of the Supreme Court concluded to-day. Wm. John Buckley, who was found guilty of indecent assault on a little girl, was this morning sentenced to two years' hard labor. Ernest Vernor, charged with breaking into a hotel liquor store, was acquitted. Wm. Clansen, for breaking into a dwellinghouse, was sentenced to five years' imprisonment, and for breaking gaol after arrest and remand was given an additional year.