SUPREME COURT.

Timaru Herald, Volume XIIC, Issue 13919, 2 June 1909, Page 6

SUPREME COURT.

CRIMINAL SESSIONS. (Before Honour Mr Justice Denniston.) The criminal sessions of the Supreme Court opened, in Timaru yesterday morning before His Honour Mr Justice Denniston.

THK GRAND JURY. The following composed the grand jury:—S. Mcßrido (foreman), \\. \\ • Baxter, P. G. Whiteman, J. H. Harrison, M. J- Doyle, D. A irtue, \\. H. Hunt. R. Orwin, D. J. Caldwell, A. J. Hedley, C. H. Gresson, E. * oden, M. Evans, J. S. Turnbull, P. AN. Eiby, W. J. Taylor, H. Rawstorn, K. bGriffiths, W. Mcßride, H. H. Brown, E. W. Wade, W. Blackie, and AV. l*. IrWI HIS HONOUR'S CHARGE. In charging the grand" jury, His Honour said it was with pleasure that ho had to congratulate the _ Timaru district on its comparative immunity from crime of a serious character, the calender being both mild and briei. There were only three cases for the consideration of the jury, and none of these need give them any trouble. In each case he thought that a prima facie case would be made out. ±irst there was a charge of assault and robbery against two young men named Cox, who were indicted for having decoyed a man named Criminins to a vacant section and there robbed hini of a sum of £2 10s, Crimmins being under the influence of liquor at the time. There was a second case, of assault with intent to do grievous bodily harm, this being preferred by a man named Gormley against three brothers named Chisholm. There could be no donbt that the complainant had been assaulted in no ordinary way, and so far as the grand jury was concerned there was a clear prima iacie case to send for trial to a petty jury. The third case to occupy the attention of the jury was the most serious of all, being a case in which si man named Isaac Baigent- was charged with rape on a married woman. Here again there was a strong prima facie case against the accused. SENTENCED.

William Thomas Thomson, who gave his age as 31, was placed in the dock to be sentenced on a charge of forg- . cry and uttering at Timam, to which he had pleaded guilty. Accused handed up a statement to His Honour asking for probation, this being his first' offence. Accused said that the cheque book he had used for the forgery had been given to liim by someone else. His Honour said there was nothing to support this statement, and even if there were it would not- lessen accused's guilt. He was a man of matured years; forgery was all too common, and a substantial sentence must be passed. Accused would be sentenced to nine months' imprisonment. Mr White, Crown solicitor, asked that the 28s found on accused when arrested should be returned to Mr E. J. Penrose, on whom the forged cheque had been passed. Prisoner offered 110 objection to this, and His Honour made an order accordingly.

ASSAULT. Three young men. James, Aeneas, and Donald Chisholm, of Sutherlands, were charged with having on January 25 assaulted one Patrick Gormley with intent to do bodily liarni % The accused were defended by Mr Emslie, and pleaded not guilty. Mr J. W. "White, Crown solicitor, with him Mr Jordan, appeared for the Crowe. The case was heard before the following jury:—J. Hole (foreman), JJ. Grandi, It. Donald. J. Martin, A. Price, C. Healev, G. Lewis. J. Palliser, J. Scott, O. Thoreau, F. Brown, and R. Robinson. Mr "White stated the case for the prosecution, with which our leaders are doubtless familiar, the case having alreadv been reported twice. The assault, it was alleged, arose out of an attempt to impound some cattle belonging to the complainant, altaough the cattle had not been trespassing on any land belonging to the accused. A man named Joseph Mathews had first taken the cattle and the three accused were said to have come on the prone later and assaulted Gormley, who sustained ; :i broken rib. was rui>tnred. and otherwise knocked about. Mr White said that Gormley had given no provocation for the assault, and even if he had rescued the cattle (which was denied) the accused had 110 right to assault him. The cattle were not taken from accused's land, but from Matthews' land, and it was Metthcws alone who was taking them to the pound. After the assault Matthews and the accused drove the cattle to the Point pound, and Gormley paid the poundage under protest and released the cattle. Mr \\ bite first called.

Patrick Gormley. the complainant, who gave evidence «>f tb" attempt by the three accused and Joseph Matthews to impound his cattle in th«- Pleasant Point pound. Witness and a friend of his. a man named Keanc. met Matthews on the road with the cattle and offered to pay any damages. Matthews said there was nothing to pay. so witness and Itis son then turned the cattle and started to drive tln'Vn home. Prior to this Matthews had been driving the cattle by himself towards the Point. W itnevi gi>t the

cattle back to the gate at his farm, when Matthews rode through the cattle and called out to the three accused who were waiting there: '' Conic on, boys; now is your chance." James Chisholm was carrying a stick, Aeneas had a stock-whip, and Donald had nothing in his hand. Aeneas struck with the stock-whip, James hit him with the stick over the arms ami shoulders and on the back of the head, while Donald struck him heavily with stones, breaking one of his ribs. Witness's son was present, but lie could give no assistance. He was only 15 years old. Prior to this assault witness was in very good health. The hard felt hat (produced) now shattered, was, prior to the assault, a sound hat. Witness escaped from his assailants, went to the Point and made a complaint to the constable there. After the assault Aeneas Chisholm and Joseph Matthews drove the cattle back to the Point and impounded them, James Chisholm assisting to drive the cattle for about a mile. Witness went to Dr. Dryden, in Timaru, on January 27 to have liis injuries attended to, and it- was then lie ascertained how seriously he was injured. He had never suffered from rupture before, and had given no provocation for the assault. Mr Einslic cross-examined. Witness said that oil the morning of the assault, about 1U o'clock, Aeneas Chisholm went oil to his (witness's) property and drove 12 or 13 of his cattle over the river on the land belonging to Matthews. After this, Matthews and Aeneas Chisholm drove the" cat-tie on to the road. Witness could not say how long the assault lasted: he was glad to get away without taking note of the time. Witness believed that his rupture was due to the way in which James Chisholm tried to pull him olf his horse. To Mr White: When witness last spoke to James Chisholm -1 or 5 months before this assault, he (Chisholm) threatened to " tear witness's liver ont," and wanted to fight him. This, lie supposed, was because witness had told him to keep his sheep on his own property.

Dr D. D. Drydeii described the nature of the injuries received by Gormley. * The 6th rib on the right side was fractured, and braising over the 4th. sth and 6th ribs. There was a swelling at the back of the head on the left side. He also suffered a hernia of protrusion of the bowels, was bruised in both groins, and 011 the right elbow. "Witness ordered a truss for the rupture, and strapped and bandaged the broken rib.

To Mr. Emslie: Witness took the hernia to be a recent one when he examined it; the discolouration of the groin was certainly fresh when Gormley had gone to him. "Was of opinion that the hernia could have been caused by the wrench when Gormley resisted the attempt to pull liim off his horse. Joseph Gormley. son of the complainant, gave evidence in support of that given by his father and Mr Emslie cross-examined. The lad said th;>t his father had not attempted to ride over any of the Chisliolms, nor had he tried to nse a stick on them. John Michael Keane, threshing mill owner at Pleasant Point, (this witness did not give evidence at the previous trial) said thai; on the day of the assault lie saw Matthews trying to impound Gormley's cattle. "Witness offered him £1 to release tlieni, but Matthews said there was nothing to pay. Gormley and his son then took possession of the cattle, Matthews giving them up, and Gormley asked Matthews if he had told Chisholm to drive them over the river 011 to his land that morning. Matthews got in a rage at this and raised his whip as if to "strike Gormley, hut wituess stopped him. Gormley and his son then took the cattle home but about two hours later witness saw them in the pound at the Point, and Gormley released them. The pound-keeper. Williams, gave Matthews 4s driving fees, but Matthews threw the money awn v. saying that he had been paid. Witness heard Gormley complain to Constable Collins that the Chisliolms had assaulted him. Mr Emslie cross-examined.

John Williams, pound-keeper at the Point, said that when the parties were at the pound Gormley asked Aeneas Chisholm xvliv he had hit him with the whip, and Chisholm in turn asked, ••what did yon say about my sister/' Gormley said that he had not said anything about her. F. Stowell, farmer, Sutherlands, said he had met the C'hisholms and Matthews driving the eattle towards the Point. He also met Gormley 011 the road, when lie appeared very much knocked about. .Tames Chisholm was carrying a stick about 4ft in length. ]{. J. Cowles, farmer, of Sutherlands. said lie remembered meeting Mr Gormley on the Sutherlands-Poiut road on the day of this assault. He had no hat on at the time and looked as though lie had been knocked about. 011 his way homo witness was overtaken by .James Chisholm who had in his hand a blue gum stick. To Mr Emslie: 'Witness gave .Tames Chisholm a ride home in his cart, and lie left the stick in the cart when lie got out. This closed the evidence for the prosecution. Mr Einslio then called evidence for the defence. James Chisholm. one of the defendant-:. said that he was ;i farmer at Ma War". :.nd hi s : mother had a farm

at SuthcrhKls. On January 25 lie saw Gormley's cattle iu a pacldock belonging to Matthews where there was both crop and grass. Ills brother Aeneas did not interfere with the cattle at all. He went over to Matthews to sec about some harvesting and after this, he and witness and his brother Donald went to catch a mare wlucli had strnved on the road. \\ lieu doing this" they stiw Matthews and Gormley and the hitter's son, and Matthe\ys told them that the cattle had been illegally rescued from liim. Matthews asked them to help him stop the cattle. They did not want to interfere, but Matthews asked them to see fair plav and they spread out and stopped the cattle. Gormley then turned round and rode off towards Pleasant Point, while witness and his brothers assisted Matthews to drive the cattle back towards the Point. Tliis was all that had taken place. To His Honour: \\hat Gormley had said was a he from beginning to end. To Mr AA'hite: AVitness had no illwon towards Gormley. Some time ago witness had' told Gormley to desist from "dogging" sheep on his (witness-) mother's farm, as they were on her property, and were doing him no harm. AVitness denied that on one occasion he had asked a man named Lamb to turn his back while he (witness) hammered the old man, meaning Gormley.

Donald Chisholm. another of the defendants. denied all knowledge of the assault. He had never spoken to Gormley in his life, and only knew him by sight. Aeneas Cliisliolm, the third defendant denied that he had driven the cattle from Gormley's land on to that belonging to Matthews. Ho met Gormley on the road on the clay of the alleged assault, when Gormley called liim a bastard. This was belore the cattle had been impounded. ' There had been no assault on Gormley either by witness or his brothers. To Mr AA'hite: They did not catch the mare which they had gone in search of on the road. They were still looking for her when they iu'jii Gormley's cattle. Dr Unwin described the effect of a broken rib oil a man. The man would rather walk than ride, and would have a violent stitch in the side. It was very unusual for a rupture to be caused by a single strain or by a blow; it came on by degrees. It seemed unlikely that a man n'th a rupture and a broKen rib rould i.• ic any great distance. To Mr AA'hite: A man mig'nr. iut off going to a doctor for two or three days alter breaking a rib. AVitness did not think it likely that one mail trying to pull another one off a. horse would cause a rupture. To His Honour: A man who hod been subject .to a series of strains, aiid the walls of whose abdominal cavity iiad been weakened thereby, might l'ave the rupture actually completed as the result of a sudden strain, such as he might be expected to receive if pul ed from his horse.

_ Joseph Matthews said Jiat Auiras Chisholm had not driven Cormley's cattle over from Gormley's tn to his (Matthews') land. The jattlc had been trespass:iig on witness' grain crop, and witness had warned Gorml"y that he would impound them if they vcre not kept- at home. The trespass d:d not ecus:', and on the day in question wifnos ii*:i'f Ito taki- Ihe cattle to the pound. <.;> :• mley anfl his son, Ikwcv( r. tin :< tin-in IV"m hitn, and finally h - iriiv 'Jm-ih to th • pound with the in in n: • Chisholm?. There was io assaui:. :i;:d all the Ci.isholms did was to help witness to regain possession of the rattle, and impound them after they had been-taken| from witness. The C'hisholnis and Gormley were never cioso enough to one another for ; uy assault to take place between ilinu. His Honour remarked that \ i e side must be lying consummately.

To }lr White : "Witness was not 1 11friendly with the Chishohns. Ho Relieved in being friendly with 1 veryonc. "When witness saw Gormley at the pound lie looked very well. \\ ituess had never seen him looking better in his iife. Witness was not a ::yrirr?isome man. He had not !ioasr.\l that lie would get the Chisholms o!f tliis charge. To Mr Emslie: He would .-ommit si.ieide before lie would see throe ;u>leliodied men beat another man. } e believed in seeing fair play, and a!>\»ys would to the end.

Constable Collins, of Pleasant Point, gave evidence as to what Gormley had told him at tin; Point. Gormley eonfined his eompLaiut to a charge against Aeneas Chisholm of striking him on the shoulder. Witness told Gorinley that in the absence of corroborative evidence then: could be no use in the polic.; bringing'- a charge. Mr Jordan cross-!.'.v.iiaiiicd with a view to showing that the witness should 'have made an attempt to get corroborative evidence, but witness said he did not think at that time that any serious assault had taken place, and Conniev had himself told him that there was 110 one who could give evidence except those actually engaged in the affair.

Mary Chisholm, sister to the accused, said that on the morning of January 2oth she remembered seeing Gormley's cattle on Matthews' land. Her brother did not drive them there. On the following morning she had seen Gormley riding round his sheep quite early—before 7 o'clock. Mr White said that Gormley was in bed that day, but the witness said she had seen him riding round the sheep, and, she added, "seeing is believing." J. Cameron, blacksmith at the Point, also said that he had seen Gormley on the day following the alleged assault, in the Point. John Elliott, a retired farmer from Sutherlands, said ho had known the three accused from their childhood. He could say that they bore an excellent character, and were not of a quarrelsome disposition. He had never known them to be in any trouble before.

.James liishop also gave the accused an excellent character. He had always known them as qutet, respectable, hard-working young men. James Lamb, farmer, of Sutherlands, said that four or five months ago he was at Chisholm's house : with Gormley, when James Chishnlifi asked witness to turn his back while'he thumped Gormlev.

At tiiis stage (it was now (>.o), the Court adjourned for the day.

Waiting jurors and witnesses were discharged at "2.30 yesterday afternoon until 10 o'clock this morning.

Per Press Association. AUCKLAND, June 1. 111 the Supreme Court to-day decrees nisi were granted in the cases of Winifred Waters v. William Waters, on the ground of desertion: Edward Eice v. Annie Pice and Oliver Sorenson (adultery); Thomas Houghton Mcj?eyiiolds v. Margaret McPeynolds (adultery): Ellen ltayner v. Harold Rayner (desertion); Emma Elisor v. C'has. Hedley Ensor (cruelty and misconduct); Jane Eliza Brady v. Phillip Brady (adultery): Emma Marin Cattnnack v. David Stewart Cat-tanac-k (desertion): Catherine Mooney v. .Tames Patrick Mooney (desertion); Lilly Eva Neville v. Claude Neville (desertion): Hilda Gribble and James William Grabble and Lucy Beatrice Brook ("adultery) : Sydney Albert Greenslade v. Marion Greenslade (desertion): John Arthur Pickerell v. Margaret Pickerell and Nicholas Hoganess (adnltervl: Tlioniasina Lesettc

Sanderson v. Charles Sanderson (desertion). | PALMERSTON N., June 1. In the Supreme Court Walter Garbutt was granted a divorce from Gertrude Garbutt In the ground of adultery with Jolinj Davis. INA r EHCARGILL, .Tune I . _ Edward AA'illhm Pullar, about 17 years, pleaded | guilty to two indictments of indocpntly assaulting girls under nine year; of age. His Honour stated that there were mitigating circumstances but this class of offence was too commoi at present to receive lenient treatment. He ordered the boy to receive ften laslies and three months imprisonment. | In the bread) of promise case Florence Ethel Kely v. Robert Ross, £2oo damages, there was no defence, and £75 was awarded. In the appeal case Martin Metzzer against con victim by the Magistrate for having driveji a motor ear through Riverton at a greater speed than allowed by the bjylaw, it was contended +'or the aopellnnj, that the by-law was bad in that it was not made in accordance with flic Motor Regulation Act which provides for the publication of the by-law in! the local papers and the erection of jieft pos+® statin.i the speed in the streets. The conviction was quashed on Ithe ground that the bv-law was bad.;