SUPREME COURT

Taranaki Herald, Volume LXV, Issue 146000, 5 December 1917, Page 6

SUPREME COURT

; f NEW PLYMOUTH SESSION. 1.- / 1 i The quarterly session of the Supremo Court <at New Plymouth was continued on Tuesday afternoon. His Honour 4 Mr. Justice Edwards presided. 1 FALSE DECLARATION CASE. ® Tho jury empanelled for the hearing g of tho charge against B. W. Stockman., of making a false declaration for tho g purpose of procuring a marriage certificate, returned after 46 minutes’ dee liberation, with a verdict that accused o was guilty, but that ho did not realise " tiic gravity of tho offence, and the jury g recommended that ho he shown leniency, q His Honour said it was a very reasonr> able recommendation. Ho would deal ? with the ease next morning. \ THEFT OF GELIGNITE. 3 Frederick Alfred Bridgoman pleaded gniltv to the theft of 651bs. of golignito 'from a Public Works Department J shod at the Mount Egrnont Quarry. Mr. A. H. Johnstone, who appeared for Bridgoman, stated that the shed was J used for the storage of tools, and a considerable amount of gelignite was J also kept there. Tho shed was only visited at long intervals by officers of ■> the P.W.D.. and it was found in July, 1917, that altogether 4251h5. of geligP nito were missing. In tho lower court ■I Bridgoman had been charged with tho 0 theft of the whole of that amount, and had pleaded not guilty, though ho was 9 prepared to have pleaded guilty to the theft of 65 pounds. , The 13 packets 5 which ho did steal wore of no conceivable use to him, and ho eventually cx--9 changed them with a farmer named 0 King for some wire and fowls. Ho was a. married man with four children, and 9 lived in a railway cottage cm the flanks ) of Mount Egrnont. He had previously borne an excellent record, and as it 0 was his first offence, he applied to his Honour that he should to 0 Bridgoman the provisions of tho First 0 Offenders’ Probation Act. His Honour said that if probation 0 had not boon asked for ho had intended 0 to order the prisoner to pay tho costs 0 of the prosecution and to come up for 0 sentence if called upon. 0 Mr. Johnstone said ho would prefer that course. 0 The case was deferred until this morning. 0 ANOTHER DECLARATION CASE. 6 Walter Sutton pleaded guilty to makg ing a false declaration at Hawera in 0 order to procure a marriage certificate, in stating that he was a bachelor. 0, whereas ho was already married, and “ that he and Miss Leet. whom he married. had lived in Hawera for tho three days, which was contrary to fact. Mr. A. A. Bennett, who appeared for Sutton, said tho case arose from a charge of failure to register under tho Military Service Act. In that case, . it was held that Sutton was rightly registered as a Second Division Reserp vist, and tho case was dismissed. There I 1 wan no doubt that he and Miss Loot “ had not been three days in Kawora at c the time they were married, and that ’> technically he was a married man. He g hod been in New Zealand eight years, 5 having left his wife in England by her consent, and for some years had not been able to discover her whereabouts. 5 His conduct during the eight years had 7 been exemplary, and the Ivaupokonui 7 Dairy Company with whom he was om--2 ployed were prepared to keep him on. 0 No’harm had been done to anyone by 9 his offence as the girl was full aware 6 of his true condition. 5 Tho Crown Prosecutor (Mr. H. R. 1 Billing! said that so far as the police 7 know the girl had not been aware that Sutton had already been married. Mr. Bennett said the girl’s father was 1, in court and could giro evidence on e tho point. D Harry Leet. farmer, Manaia, then s stated that prior to her marriage with Sutton, his daughter was aware that he had been married in England and she was also aware of the circumstances under which lie left his wife. His Honour intimated that he would accede to Mr. Bennett’s request for probation. Sutton would have to pay the costs of the prosecution. Deisjls were deferred until this morning. THREE YEARS’ HARD LABOUR. Tama Knwau Rour.mgi pleaded guilty to a charge of incest on his sister. Mr. P. 0 Dea, of Hawera, for prisoner, asked his Honour to take into consideration the fact that prisoner was an aboriginal native. His Honour said he would take that fact into consideration, hut it was impossible to allow such a crime to pass leniently. Prisoner would he • sentenced to throe years’ imprisonment with hard labour. CHARGE OF FALSE PRETENCES. Mercia Naughton pleaded not guilty to a number of charges of false pretences in connection witli tho payment to her of various sums of money by Frederick Blonkiron jPeart, on the understanding that his illegitimate child woulol be adopted. Mr. Billing prosecuted for the Crown, and,Mr. O’Dea appeared for the accused. The following jurv was empanelled : J. M. G. Smoeton, F. J. King, C. Colson. C. N. Johnston, A. J. Halo. Peter Godinagli, H. Derby, F. Newell, W. R. Smith. Roy Parkin, A. J. Nixon, C. M. Hill. Mr. Hill was chosen foreman. Mr. Billing 'said that in this case, the jury was concerned principally with three people—Ellon Vesper, E. B. Peart (father of Miss Vosner’s illegitimate child) and Mercia Naughton. the accused. It would bo shown that after getting Miss Vosper—who called herself Mrs. Hethorington—under her thumb, the accused turned her attention to Peart and extorted from him tho sums of money forming tho basis of the present case. 1 F. B. Peart, retired schoolmaster, and now editor of a paper at Raglan, said he was married'and had a wife and family living at Nelson. Ellen Vosper gave birth to an illegitimate child about three yea re ago, of which he was the father. When he came to Now Plymouth, partly to see Miss' Vosper and partly in connection with his farm at Omata. ho wont to Vivian Street to see Miss Vosper, but Mrs. Naughton refused to allow him to see her. "That was in August, 1916. He agreed to pay Airs. Naughton 7s 6d per week for the upkeep of the child. Threatening letters upbraided him For not keeping 1 to this agreement, and said that if the money was not forthcoming his jovely life would he exposed to his wife. In ’ January, 1917, he agreed to pay Mrs. Naughton £2O to have the child adopted. He accordingly took £25 from the savings hank, giving the £2O to Mrs. Naughton. and the remaining £5 in Mies Vosper on the understanding that she was going to Raglan to do washing and other odd work. He thought that that was going to he the end of all the , trouble, and that the boy was going to he adopted. Subsequently, while at

Kent Road, he had a letter from Mrs. Naughton saying that the child had not been adopted, as everything would then have become public, but she had a good offer from an elderly couple in the South, and that if ho would agree to pay £SO ho would get a written agreement freeing him from all further responsibility. In consequence of the letter he wired 'first that he agreed, and then on Saturday. May 12, came into town. Ho had a little over £lO in his pocket, and offered this to Mrs. Naughton, but she said it was not enough, and he managed to collect some debts', and handed her £ls. Ho pointed out to her that it was very difficult for him to get any money at all, as it was all tied up ill the farm. He asked her what she had done with the first £2O, and she replied that £ls went in paying a- premium for the boy’s admission to a home in New Plymouth, and the remaining £5 in paying expenses. She said that Mr. Naughton would be going down to the South Island on his holiday, and it would save expense if lie took tho child with him. Ho quite believed the story that the child was going to bo adoptedl That was the reason why ho paid her tho £ls. The balance, £3-3. he banded her on Saturday, May 19, having borrowed £4O from a friend. He told her there was no need for her to give him a receipt as he thought it was the end of the matter. There were no witnesses present. Afterwards, in consequence of a letter lie had received, he came down to New Plymouth* again, and Mrs. Naughton admitted that the child had not boon adopted. An agreement was ultimately made whereby Mrs. Naughton agreed to refund the £6O by monthly instalments of 30s. Mr. O’Dea; That money goes to Miss Vesper.—Yes. Under what name were you introduced to Mrs. Naughton at the first meeting in Morlcy Street?—l used to correspond _with Miss Vesper under the name ot “Wilson.” I cannot say whether I was .introduced to Mrs. Naughton under that name or not. Were you not introduced to Mrs. Naughton as a missionary?—No. _ Did you not parade yourself as a missionary from Homo?—No. In her letters to you. didn’t Miss Vosper'sign horsclf as Mary Wilson?I can’t remember. She might have. And vou signed yourself “Willio Wilson ?—Yes. , The child was not registered in its ' pro-nor name of Vospor? —No. Mrs. Naughton told you that the reason the child was not'adopted was because _ifi'e whole story of the false registration would leak out?—l believe she did. At the conclusion of the re-examin-ation of witness bv Mr. Billing, the court adjourned till 10 o’clock ’ this morning.