SUPREME COURT.

Timaru Herald, Volume LXXXIII, Issue 12897, 7 February 1906, Page 6

SUPREME COURT.

:£EB: Mi? • '^ T r & '.« 'ina;.'! Jjehniston.y • '■'■'•'■''.; ; '; fJ . \ ; ." ; ?.' J '* A of ther Supreme Coui i'■' at' •'" ; wa s: I;comittehced • 'itfc .11 a.M ' His Honour... -Mr- Justice from Cbjistctiurch, and Mr C. X;tWrayV:perfoimed; his', accjis'tbuied duties. aVshefiife Ti'ln'V'tne absence'of Mr' J. O. T. J. Alpers took ihetdnlies Prosecutor. ' V

.*%.' JURY,", Z^,Z:i. ,.. sat as. the grand jttfy;.— Messrs 'Br -Cl-. Tennent'.' (foreman), /0...,/ CPark, H. J. T. Wlnt.taker, ~W. J. A^nJefferson, Wade, B.?.&ir Wat§pn,d W.;:rJerrier, A. Sffidair, J. sM. Ferg-Usßoi!ri;«Gi>.-GK£>- .--'Jls*\£er,;■ G. "04 Clayton, Etp''EL'/GimpmaH,-'H. Chivers, E. J. PairyJ« j_ Devan, and D. dad;; *£et appeal when calisd;, an#tfe-'6sud iMe" waKTmposed&w Ms''Honour, in- bis charge' to' the;; grand; jury f told4heni'*ha*?th"eir^ r duties to gjtf yto oSenpy mncfcSf ; ;ttifeir:Hime;-'- "His/ des%rfbed i eadtt'ofthg %ur * for -trial,., indicating,, the salient the eacb, which should sa&fj; them that there ! 'was"a/ 'prima.- facie* leaving defences to be heard by the coinanon jury. Respecting two cases of concealment of birth, -that these were statutory offences, the obbemg, secure ticn-Mn^-every— -tfae-deaths -of ~n-ew~-Concealment of birth was but the law required tha&j this fostinct should be resisted, a He som| calendar/ i 4 oi ; cM3 against sl woinan named Hobbs. and pointed out that on the evidence for the Crown, as itr ample^rs^ds.|pr^the ; a trSue the llutyVQf ; ai^'e re^g'^T^- 2 iflg Traman'-S4'"'cuip^SiliCyv ; owiSg tocher 5 nriffd--iat-'the iiine. '■■ >* W-v «-- -iss isattang; : 4 ihe grand: jury jcassssi>'#nd. iithanked.; . v ait^/ ; at. jl jp.na. JTn connection with the last indicts msnt, submitted to theniiCfthe «f birth? and child/; murder from murder to manslaughter. His Honour xeplied^that jiould not„properly;^,do. so in tils" "case. The evidence for liie Crowiij especially the woman's own statejnentj: clearly pointed to the major charge, and if charge|fough! to be reduced, the common jury cjfuld deduce it. h .. - •.* chBDRGLAEIOUS THEFTSprinB-^ Aibeft Barker (18) William JDoreen <l6), wvo youths who to threp charges of stealing from dwelliiigs, •were placed in the dock fori sejitence. Mr Raymond appeared for the father t>f ParjEer to request that Parker be sent iack fe Burnham, instead sent to ga(|i.-;\ The boy, he seat ±o ieing tE^J^e Icjpjk -afteS iim, a| lome. f j SJfow, however, tion. tpjlook after his sonilancT he desired -that t|e boy be sent baek to Burnham, as by application to:the authorities lie under out oti; : BuTnham, T>ut '"■ ne "could not-- fgeV iiim otpbf gaol. h si " ' : -' ;;•'■ discussion of thes;mdteri;SMrl to he haafejegTapheS|j for Mr ArcKeyv the master' of he should arrive at 11.30. His xthe case until * B' triaX in orde^^^t^^foy^hey ; '3nlght''be^e^di- ; -' i -'' r ■:^^^ : ri^ he. waS/cailedo Parke^|^feh6|i&'ii6 i Htnew" very 1 irSSerabout, as he transferred from Caversham. HisAonour, called y and they" would be Tetnrned to Burn%m,that if "would' 1 be" punished for the offences mow in question, and warned them that this was their last chance of escaping imprisonment At -Mr- Alpera' suggestion an older was made for Testitntion of stolen property found in the prisoners* possession. CONC&ABMEOTEOF BIRTH. '■"■" Mary Ann-Tmey/ pleaded not- guflty to a charge of concealment of birth at, Peel Forest ,on NcWmber 10th. -'J. .:> . . I

Mr Alpers prosecuted, and Mr Ro'iestcn -defended.

The following sat as the. petty j Dr y:S. McCullough- (foreman), it W War'C. Alien, G. Benton, W. Hunter, F p' Candy, A..;AdanKj, : 'W.v-:McGettigaii, y. Coe;- T. Serwood, and W. Harrow.

Mr Alpers outlined the- case to the jcrv. and called -'•'■-■ : . - "

Michael Tiney, fa-thsr of accused, wijn stated that he was not- awara e-f his daTin-"->-ter's conditioa. '"' - v

To Mr Rolleston -. 'Was away on the d.-~ fhe child was horn from early morujrc Heard'*"of it before lie gov, hrsne.'Mrs Eliza,Essgaw fwidenee that t]--' -girl denied' ttf-'her -ilnd to'tSe doctor f.l----ahe- had had s fcafey,

tened; tossend ;for.the -police.! She. then .tbidiwhere.-sbe hMxpTrtritherbodys." It; was only partly coveredffwith-.eartfcm a small hole, and two; old put over it. 'I \ To Mr RtfllestohV Thought it- would have !been. before long. It was not ,b«ned;'-penhaiiently.s •' ; "- : - .: "

i; Hi T^any'Geraldine,'who.was sentfor on' tie; ; -girl;'being ~'[ illj Stated]-that when he examined her and found .that'she had jheen delivered, she at.; £rst jdenieiT it stoutly; ithen,; on the" police being, mentioned, told :Mm;wiiere the "body: went to Ahe spot "and found it buried in a hole, probably, made..by. hand,...and covered -with tw<>. tins.;.. BiTeeyan described the condition"'of the body..aid explained /that■• the child was, probably not ,born alive. He rtid not think-the girl knew. what, she was doing, at the time—did not-think she was responsible -for,: her actions.

Mr Alpers did not address the jury.

Mr Holiest on: called no witnesses for ;the defence, but he addressed"the-jury. After seme on ■the-pitifulness of-.:he case, lie proceeded, to -urge the view-that; the girl had;only made:ai.temporary disposition of 4 fl e ,bodyi.,,-to,sa.ye news of it reaching her;mother, 3 who wis-then on her deathfbedjj;;; Vi.. ~.: ar , i.i-j -.:_■ ..

li jThe Judge in summing np -made some ' f e'aiarks. on the painful -nature j)f the. case, andjrth.ep_,/impresse^Jupon ; fhe^.--juiy* that jhat ;the-icalse migSt be.left.to the 'Cour|;"Cto consider..,: : All : ,^ie.'jury -had to .do. was aspect; -as preifentei SijjThe question if or them was.:. What,was the girl's intention, in of^tie'body 4s she' did.j 'She acted" a.'maternal in;|tjftet,' in : .ighofai(cec.o£i : rnitv rthatvwa's. ; answier;Ttp -the...charge, fromTier denial to' Mrs Rae and .S*- d -?^^-t%? t^?fee..J^Jb!a4L, a.,child......_, KsS&ftffiiasli^Setaf in a,-v.erdict- with a,recommendaaccount of youth. \%Wi n ou%said he concu : |i-ed * with thri I fThe Reused was 'convigted aud ami . ordered to " come up fir sentetice whert;-; called?r-upon.J i- -.% p .:-.).-; ;-• • ASSAULT pleaded not guilty toVj .chasgegpl- haymg, ,on.-Januarv..- lQth,; and J.IUi ?I . : Herbert 0 a € to eauslf smi'"bodj'y harm. J appeared for- the Crown and Mr Eollestoii I '--- ■ '■•''*' - Ms iie^ 'following formed, the jurv : -Ji'ißadcMer-(foifemaii)' Jamiffi<Smini6n3; G. s*E Siepherd, -EP W> Simps'6h;-T. 'Fowler, ~£v zie,fW,?Mcßridei;m. &'iStapleton,- A. Ir-' J, ;Raw^rnf;^;V;i;^;,::;, . --..;.. ~" '€me^'6i'''the _ "common" "F./H." Ward, who failed to appear, was fined 40s, uciess —- ■"— • —-- --.

" Mr Alpers stated the case for the Crown. The accused and the complainant were sons.j ? f ,fftrpjers at Belfield living, on opposite] "sideT of :the- road. '"~ On lOthf the J complamant and his brother were standing fat their, ; passed "along:the J i-oad, dnviiig'" a, dray 3oad of !spme,ajraslye langjagej.iand then he threw a piece of iron, a sand-washer of a plough I at them. They dodged it; hut that was] an assault. On the llth, complainant was' going along the road leading a, horse, when accused, came driving adrav load o£ grain, overtook.Taylor at him - and struck him of the head Taylor saw the stone fall, and then fell himself, unconscious from the effects of .the blow. ; When.he himself the ' iSayiwas 4>ufexS ;isight.« /&et went to the *pusesof a neighbour, .Mi,' Sugrue, had his washed and> fafld then went : the roadi/.aild the stone .£iejafflyj u t ib in his ? pocket. He tlen went home and his brother drove him to Geraldine to see a doc fe; W2\ h ?i %nted;,twice and, "stopped at TJobie's -creek - T)t ; Teevan-would. the?.wound: serionsV one i a vein; and an artery* thus 'doing"actual"'bodily harm; Mr Alpers. called complainant, who gave evidence sup-" that n#hMcbefen ill and dav's work since the assault-

i.daE-sßoHesfon; z:eross?eiafiained: Witness" j would not say that accused' made his team trot to catch him, but he drove faster than usual. He denied that he picked up a stick or a stone. He tried to do a little ! work at ShgrueV after the assault, but did i not do'^mu^. !^d^e^£dfiy = .Ti!aß"-Tinablß--t«Ki work, he could.riot, stoop.,. . . i To his Honour: ill I tween Recused' i; ahd v the' Ifamily, but there should be no such 1 against him,- as he had.never dqaes accused any harm. G - A*' of "las* witness, j gave siinilar evidence regarding the assault on the regardinffJi& driving to Ge-aldine. °

John Sugrue, farmer, Beffield, stated that accused passed ihik; gate oa January 11th, and stopped his team, he seemed very excited. He said r"1 laid out the long 1 ; fellow ' with a stone.. He threw a stick at me on the dray." To Mr Rolleston: Complainant was at his place that day. He did not. show any stone. Complainant did a little work with witness that day; he showed x no signs of fainting. He had known accuse.! ■for years, and he had an umblemished eharacter. Did not 'think he was quarrelsome, and "would have heard of it if =ne was.

Dr Teevan described' rh'e r "w"ound on com

plainaat's head, ji'gsed, ihree-viuaners of an ic-oh long, and one-eighth of an inch deep, through the skin to tie bone. It would probably diride an *rtery. a vein, and a nerve. Witness washed the wouud. and. wanted to put .a stitch into it. but the man refused to allow it; said he was too weak. Told him to go Jiouie and keep .quiet and do no work, and to come back on Monday. He did not return till the 19th, and. tha wound had healed then. Found him mentally dull then : that might he due to slight concussion of the brain. Would not expect the stone produced (a well rounded one) to produce such a jagged wound. This closed the case for the Crown, and Mr Rolkston stated the defence. He asked the jury to keep clearly separate the two assaults, and suggested to them that the Taylors' story was wildly improbable. The fault could not have been wholly on one side. The facts were admitted. The accused did throw a welter at the Taylors' on the 10th, and on the 11th he threw a stone and hit the informant, but he would tell an entirely different story about the incident. It was not likely that accused, driving a loaded dray would overtake a man walking. Accused would state that Taylor stopped and waited for him, and that he pulled a stick out of the fence; that when accused came up some words passed between them, and Taylor first threw the; stick and Taverner then, threw the stone. The only difference in fault was that Taylor was hit and Taverner was nor. Mr K'»lleston asked the. jury to believe accused rather than the informant.

Accused gave evidence in the direction indicated by Mr Boileston. He said that Taylor threw the stick, which, whizzed past his face, and he retaliated by throwing a stone—one that, he had in the dray to throw at his" he having no. 'whip, and not so large as -the one in. Court—and the stone hit Taylor on the head. He fell; but only lay V "second or two.

Mr Alpers cross-examined. G. Taverner, father of accused. 6v.id he saw informant, shortly aftei" the assault and saw nothing-, wrongs with bis head. ; . J. Burke testified that he heard both parties using ihigh words oil the joad. J. "Priddle was Icalled to contradict the statement that the brothers stopped at Dobie's;. creek on.their way to Geraldine.

. Joseph Quantock, gave a character to the "accused, as a most, civil young chap, a credit to his upbringing. *. Counsel addressed the jury, and his Honour, summed; up. . ■ His Honour first characterised the case as a ridiculous one to bring to the (Supreme Court, wasting the time of Court and 'jurymen,, when it could, 'have been dealt 'wick by "the Magistrate's ..Court, and tiie jury might well consider whether it did not show vindictiveness. on the part of tne informant that he had adopted the course lie did. -. Hie Honour then indicated that tee jury should consider the accused's intention, and whether the result of his action was. intentional or accidental, aud that they could find'accused guilty of common assault.

After a short retirement the jury re-:, turned a verdict of.guilty of comnion assault nnder provocation, and they added that .tiie case should never have comedo the Supreme Court. -- .-,

His Honour said he quite concurred with the. verdict, and;as the,costs accused/had beeii' put"' "ti>." must exceed any penalty * he wouldvmfiici, .he would-fine him Is.. " " ; CHARGE OP PERJUBY..: . '± -. .Thcmas,Patterson, of Long-", beach;' was charged with committing pet'-" jury in the Magistrate's Court at Ashburton, in giving evidence for; defendant in a !st' grog". ssLicg prosecittidn: '. Ec> pleaded not, guilty, and Mr Raymond defemitd.

J' The following sat as the conimpi? jury | after Mr Raymond had challenged six, and Mr Alpeis had -■ told.-.fijro xo stand by:---Messrs J: Patterson, : F.""H.G.; Tuvlbr) y?. -Rawstorn, 0. Allen. P. E. ■•lff.- \Vsrdr'lV S.j Candy, M. Cosgrove. G. Be.ntlevl-j! Ward, S. McCallough, 1). W. K..11,. Jones (foreman). . . .'".'. "\"

.Mr.;;Alpers' stated:the.'casefor the Crown. A; woman named Mrs Hyland' was ''"Tiein's .prosecuted lor sly grog seliir-g. Two" witnesses* "piiiin clothes* constabies, : Pehhaliuriack'ahd Wilson., gave evidence that cused. was' with them when c they had' some annks in Mrs about-mid-day on Sunday, -September 17th, and'-ac-cused swore that he had no drinks, there/ and was not in the house with ""the"* tw-j m%n at all that day.- "Vi£ &:" ;"> R. Fmell, assistant c!erk of Court. Ashburton, proved the hearing of the,case bv Mr Day, S.^f.""- 0 " - t? -- ; :—• -~~--

Constable Alfred Brown. Ashburton. was present at the hearing at the Magistrate's Court, when accused said he had never shouted drinks.; for ConstaWe.-Eeiiha'-iuriack ancLj-Wilson'V lievefihad at .Mrs Hylarid's on I7th Septembers%r c.d any other day; -was not on thaisidate in ■the company of those constables ;'" that he : h&d not been in a sitting room'at Mis Hyland's company with, the' two constables and another man just before lunch on that day. The Magistrate asked him if he wits :qnite sure that his evidence was correct and he said he was quite positive. Witney arrested him at Gapes Valley last month, and read the warrant to him.* He made noi reply at once but a few minutes later, he said: " This is a nice mess I have got myself into by trying to do a good tux-" 'to other people. If I was there with those fellows I don't remember it, for I wis ■pretty full .that day." ;• Constable Penhalluriack and Wilson ■ gave evidence at length, regarding their ; enmployment as. unknown members'of the "police force, in plain clothes, to hunt out •;-sly grog sellers in- Ashburton. and regarding their'having drinks with the acouSed ;at different pkvses itfcluding Mrs Hvland's ;!on iSunday, September 17th. Mr Ra'vwond e'.iciting amongst " other ! 'points,, that accused was on the* spree on and unable to be about mi .-Suture 'day, that he had a- good few drinks on Sunday morning ; and- that- the 'constables \wore uniforms in Court at Ashburtoi:.

i C. Cooper, a young man, who was a witness ab Ashburton also gave' evidence. There was some discrepancy between Ids evidence,-and that of the constables -ms tor his drinking with' accused on the Sunday.

At thei'elose of the case for the' Grown, Mr Raymond called two Longbeach farmers, who - gave*'-accused a -good character. Mr Raymond then •■ addressed"'the • jury, 'Suggesting that accused: was too 1 much,.'niud-. "died with' liquor that 'day' to reme.iiber clearly some weeks afterwards what; had happened afr^a'particular time and jj'aee; .and that-he might hare made a mistake by failure to recognise his drinking companions when- they appeared in Court in uniform. His admission to Constable Brown was a natural one to a man taken off his g::ard. His Honour summed up and the jurv retired, returning in a few minutes with a verdict of not. guilty. At 5.20 p.m. the Court adjourned till 10 a.m. to-day. Per Press Association AUCKLAND, Febrnarr. 5 Ac the Supreme Court Robert Fvi-.--n pleaded guilty to forging a cheque "or £7O, and was sentenced to two years" i nnrisonment. Frank Edwards, alias Hh.-j;s. for wrongly'detaining postal packets. :-uI stealJu'» a horse, and forgery, was scn-

fenced to two years' imprisonment on the first charge, and three years each on the second and third charges, the sentences to run concurrently. Norman Henry Allison, for theft at Waihi, was sentenced to 18 months' imprisonment. The grand jury returned no bill against the natives charged with forcible retention of land at Rotorua. In dismissing the natives concerned in the Galatea land case, Mr Justice Edwards pointed out that this did not give the natives the right to remain- on the laud. It was not an offence to remain on land passively. It was. however, an offence to remain there under such circumstances as would lead to a reasonable belief that they intended to resist removal by force. They must give up possession of the land in question. He gave this against them with very great reluctance, but the law must be obeyed. He had no hesitation in saying, with a full sense of Inn responsibility, that their case was one which, if possible, should be relieved.

WELLINGTON. February 6.

Judgment was given by the Chief Justice and Mr Justice Cooper this morning in the case of several local land companies. The case was an appeal against the decision of the Commissioner of Taxes to tax profits as income. Tie Court held that in the case of the Miramar Land Company, which bought the block of land and sold it again in one piece, it could not be held that the company had carried on the business of dealing in land. In the cases of the Miramar, Limited, and Upland Farm Land Company, however, these companies had sold a large number of sections at different times, and chough each had made only one purchase each had made- n number of sales, and to that extent made a business of dealing- in land, and must pay taxation on profits. Allan Talbut, convicted of indecent assault, was remanded, for sentence. In the case of.Charles Philp,"charged with carnally knowing, the jury failed to agree.