SUPREME COURT.

Timaru Herald, Volume LXXXII, Issue 12668, 2 May 1905, Page 3

SUPREME COURT.

P«r Preu Auoci&tlon. eiSBQMEr May l, The Supreme Court half-yearly sittings opened thismprning before Mr Justice Edwards, who, in referring t<> the charge of murd.fr figajnst May Heeny, 9, servant girl accused of leaving her new-born , clltf d on the roadside to die, His Honour aajd he was afraid it would be the Grand Jury's painful duty, which they could not avoid, to return a true bill against the" young woman. Whether such an offence should be met with the punishment. ol death was not for them to determine, nor was it for His Honour. No discretion was left to the . jury, although' the facts were plain; nor bad. the judge - any discretion. He must pa*s sentence/of death if the verdict wan one of murder, and it ivould be Jeffc to the Higher Council to say if it would be carried out, although, of course, it was not likely that it would be. = In such ai case it was not for- the jury' nor himself tp decide. The Ekand Jtiry returned a true bill. In the case of James.Bennett, charged with shooting with intent, no bill was returned, Bis Honour directing the jury that if they were not satisfied that there was intent, to throw out the bill. Mary Keeney was acquitted on the charge of murder of her infant. In answer to the charge she sobbingly;replied,i ".I'm guilty," .but aiter, consultation with her counsel the chargej was again put;'4afd" ai: plea of not guilty was put in. . After half an hour's retirement-the' jury bronght' in a verdict of not guilty. » Wi Pahi Korau, an old offender, was sentenced to three years' imprisonment for horse-stealing. Ngatai Wftiroa was acquitted of theft. : JCanihene Garr vas found guilty of theft. Sentence was deferred; Henry George Lomas pleaded guilty to obtaining £B7O by. false pretences, and was remanded for sentence. All but: two cases on the criminal side were cleared .off, and it was started that the civil cases would be reduced to two. NAPIER, May 1. The Supreme Court opened to-day with the smallest calendar for some years. There are five charges against five prisoners. Mr Justice Cooper congratulated the district on the marked improvement.. P. Patrick and H. McLean were found guilty of assaulting and robbing on old man named Har greaves, and were sentenced to five years' imprisonment. The crime was a, particularly daring one, being committed on a Satjirday afternoon in a hotel yard in the heart of the t#Tro- . M r Justice Cooper, said he was determined to put down this class of crime, which was becoming much too common. W- McKay, for issuing valueless' cheques, and Andrew Thorpe, for forgery and uttering, were remanded for the Probation Officer's report.

DUNEDIN, May 1. In the Divorce Court, in the case of Wilson v. Wilson, the husband's petition for a d«cre.e nisi was granted, to be made absolute after three months. He parties had been married at Lyttetton. There were six children. About 1899 things did not go on well, and the wife sometimes stayed out at night.; Returning to tbel house unexpectedly one day, the husband found a man there, and chased hinij whereupon his wife cursed him' -and- left the house within an (hour, going to. live ;in tie same house as the man referred io..- i : l 23i"ey-, subsequently left Dunedin r years ago the husband received a • letter, "from Melbourne demanding Recentlythe woman returned and aakedi to seerhcr.: childm* P«r name in the passwger

tlife; steamer which left for Melon Corroborative evidence was given by a son. Lu the case of McMaster v. McMaster,-wife's petition, respondent, ' James McMaster,. of. Mangainahoe, butcher, did not appear. The parties were married in 1876; the misbehaviour of -the'husband led to a separation; heagreed.to pay £1 per week, but .only made one payment and c'earecl out. A decree nisi, to be made absolute in three months was granted. , j.WELLINGTON, May 1. The - Supreme Court criminal sessions opened to-day. The Chief Justice, in his charge to the Grand Jury, congratulated the district on the small calendar, although the .figures ■! or the: past. year did not show that crime .was decreasing. Notwithst-and? ing the prosperity of the .colony and the fact that work could be'very easily got, the criminal class did not show aiiy tion; and : it"was iegre,ttable^'that a. majority of the cases':were theft. His Honour, believed that "'one way of stopping l crime was to see that when a man committed, .a crime lie would be convicted by tlie jury. If it came to -be recognised that when a man was guilty he was certain of conviction have an immense influence.