SUPREME COURT.

Star (Christchurch), Issue 10768, 14 May 1913, Page 5

SUPREME COURT.

CRIMINAL SITTINGS Wednesday, May 14.

(Before his Honor Mr Justice Denniston.) TO COME UP FOR SENTENCE. Thomas Stirling apprmred for sentence on a charge of having stolen nets, for which ho had been found guilty, with a strong recommendation to mercy by the- jury. His Honor commonted strongly on the course taken by prisoner in hiding the nets for a number of years. The jury had found the accused guilty, but had added that ho had not the intention of depriving the owner of them when he took them. Ho would have, therefore, to adopt that view. But prisoner had undoubtedly meant to deprive the owner of thorn at a later stage of the proceedings. Apparently, at tho time of the offence, he had"had his moral judgment obfuscated by drink. He would be ordered to come up for sentence when called upon, and would not be called on provided that he paid such recompense as should bo settled by the solicitors in the action. He would also be ordered to pay £o towards the cost of the case. ADMITTED TO PROBATION. Albert Claxton, a young man, twenty-throe years of age. was charged with having on March 30 at Christchurch, attempted to break and enter the shop of one Charles Carter. . Mr M. Donnelly appeared for tho accused, who pleaded not guilty. Charles Carter, hairdresser, Colombo Street, said that on March 29 he was sleeping on his premises, as were two other men. At 1.30 a.m. on March 30 he heard a noise, and* looking through the window, saw accused leaving the yard, leaving a bicycle there. Later accused returned for his bicycle, and witness, looking from the top of his stairs, saw accused standing on a window sill with a piece of iron in bis hand, with which he appeared to have been interfering with the window. Accused then tried to force the window up from the bottom, and then, not succeeding, ho went out. Witness followed him* and saw him riding off on liis bicycle. Henry Oswald Sutherland, who had also been sleeping on the premises, gave corroborative evidence, and said lie knew accused, as he had gono to school with him.

Mr Donnelly admitted the identity of accused, but took exception to the form in which the indictment had been laid. He contended that some offence or intent should havo been specified, and quoted authority in support of his contention. His Honor said that, in the event of a man being found breaking into a house, * the presumption was that he had some criminal intent. Mr Donnelly said that, in view of that decision," ho would not address the jury. Hi 3 Honor said that that was a very proper course. The jury found tho prisoner guilty without retiring, and, he was, in view of previous good character, admitted to probation for twelve months, and ordered to pay £3 towards tho, costs of the action.

A SUBSTANTIAL PENALTY. John Burrago was charged with having, between the months of November and December, 1912. intlecently assaulted a male Mr Donnelly appeared for the accused, who pleaded not guilty. - Evidence was heard, and the jury, after a retirement of about thirty minutes, found the prisoner guilty. Prisoner said that he had a wife and three children, as well as his brother's widow in tho Old Country, dependent on him for support. Hk Honor said that the object, in that class of case, was not to punish the individual. These offences wore often the consequences of earlier life, and those guilty of them were not responsible for their actions. But that was exactly the reason why that class of case should be dealt with severely. The present offence was in all probability not the first on the part of accused, as' his premises had been under suspicion by the police for some time. Ac cused was a dangerous man to bo at large. The tendency in connection with which he had admitted his irresponsibility tended to tho debauchery of others, and he would have to bo segregated for the maximum period which the law allowed. He would be sentenced to five years' imprisonment. A CHARGE OF PERJURY.

Arthur William Rait was charged with having, on March 29, 1913, at Christchurch, committed perjury in tho 9»idenee which he gave on oath at an inquest held before Mr H. W. Bishop, S.M.. Coroner, touching the death of one William Kennedy, by falsely swear-, ing that while driving along Manchester Street on the evening ot March 24, his horse swerved and he passed an object on the ground, but that his cab did not strike the deceased nor did it run over him on the ground. Mr F. W. Johnston appeared for the accused, who pleaded not guilty, Charles W. \Yqlls said that on March 24 he was walking along Manchester Street with a man named James Butler. He saw an old man crossing the road near Coker's Hotel. A cab which was going along at a fast rate towards tho railway station ran over the man, giving a big lurch, and nearly unseating the driver. Witness called out to the driver of tho cab, but he took no notice. A cab camo hack later, but witness did not know whether aocueert Has driving it or not. The number of the cab was 105.

James Edward Butler gave corroborative evidence. James Ashley said that be saw the. cab pass, and the man lying on the ground. He heard a crash, but did not see the cab actually running over the man.

Sergeant Stewart said that accused had given his evidence on oath at the inquest, and had signed a copy of it. Lawrence Ashley also gave evidence, and that concluded the case for tho Crown,

Mr Johnston called no witnesses, but addressed the jury.

[Per Prf.ss Association'.] AUCKLAND, May 14

At the Supreme Court the jury awarded Isaiah Fellowes £SO damages for slander against Joseph Millar, exproprietor of the Mercer Hotel, of which the plaintiff was barman. DUNEDIN. March -U.

Joseph Cross, fisherman, who pleaded guilty at Balclutha to the theft of £ls, was sentenced by Mr Justice Sim to reformative treatment for three years.