SUPREME COURT.

Timaru Herald, Volume XC, Issue 13206, 9 February 1907, Page 6

SUPREME COURT.

Per Prese Aeiociatiua. • AUCKLAND, February 8... At; 'the - Supreme . Coui't ■ to-day, Ernest Henry Walker. charged .with, attempted .rape on ja. ''married woman.-. at JRuaraiigi,. w<is found ijiot guilty, and discharged. .Arthur Wells,. IS£.years, old, .charged- witli carnal. J' knowing <l. girl- under ; the -age of 16 years 1 at -Kaiatfii;- 'was'- found guilty and'-">recoin-mended to' mercy on account".of - his -ex-tieme-youth. •' His.'Honour deferred sentence tili "to-morrow 'iriorcang: '. '" ' 'WELLINGTON, February 8. . At. the 'Supreme.-' Court to-day Ah Climr, who was 'found ! guilty of carnally knowing a girl iirfcler- X6# '.;ind: Yow Lee, who pleaded to- a- similar offence,- were • put -forwa'ird.'for REritenfe. -Thejr were sentenced to i twelve •-months' ■ imprisonment. - His Honour: took into consideration the .fact thfvt 'the- girls '.luuli -been previously', cor-, rupted. •; '■ ■' ■■' ; ' - '.Tliis' morEirg two men named; -K-idd -and Johnston, :convicted l! of assault and' robbery, .''were'-SEntehced'- respectively-' to' five years and- twelve months'' imprisonment. The -assaulc took-plrtce in -broad daylight •rind' ,Kidd violfently- resisted ' the -police. .-' Wil iam.'<Scott ..and. -Harry. > Mariindale. p'eade'd liot.' guilty, to' an indictment--of-four counts - charging--them' with keeping -a. bettipg.'liouse -afc ; -5'7 Liinlbtori Quay, arid of receiving money.for- the .purposes of betting. Two probationary- constables gave evidence that on .a'" series of dates they visited defendants' '/premises!' and made 'bets- with each dftlit' received dividends paid by • the accused, and saw therii take bets.from 'and: pay money 'to others. Counselifor the;-defence.-pointed out that it .was not: illegal.' to carry. on"the- business, of .a bookmaker. • The legislature" could' not prohibit bookinaking while. it legalised the tota'isitor-. What was illegal was localisation of- the business..' The onus was, on the! Crown. t-!> prove an , actual physical-re-sorting to. tiie:place-for ths purpose of bet'ticg. . '. It iiot" sufficient to establish mere, casual ."'.betting or use of the place. The evidence of the .probationary constables was'' sxich' as ; must heavilv; discount - it - in (he minds o;f ilie jury.- The jury brought in n, verdict «vf not guilty, arid ths defendants were discharged. - . 1 ' 'aaawa——"*l -