SUPREME COURT

Wanganui Chronicle, Volume LXXXI, Issue 18847, 23 August 1923, Page 4

SUPREME COURT

YESTERDAY’S SESSION. ACCUSED IN PERJURY CHARGE ACQUITTED. The hearing of the alleged charge of perjury against the Maori, George Taapa, was resumed yesterday morning at the Supreme Court session, before His Honour, Mr. Justice Hosking. Ac used in evidence stated that he did not remeinhe receiving a cheque from Mrs. Hartley, neither did he remember taking a cheque for £2OO to the Bank of New Zealand at Hunterville. When arrested accused' said to the constable: “If it is about a cheque, I don’t remember it at all.” Evidence was also given by Para Ratana in respect to accused’s age. Counsel for the defence (Mr. Currie) in addressing the jury, said that it could not be suggested that a y. ung boy would come into the Court and tell a deliberate lie. which would not be to his benefit in any way. If the jury did believe that he had lied, then it must have been a. wicked conspiracy between Mrs. Hartley and Taapa. Accused had stated that Mrs. Hartley had not spoken to him before he entered ths

Court, therefore they must dismiss from their minds all r oughts ot conspiracy. Accused was a Maori, and when judgment was brought against him in the civil court four years ago he was only sixteen. The jury would perhaps consider the difference in the mentality of this youth, who was stated by the interpreter to be backward, add an Engish youth of the same age. There was a strong cooboration in that Mrs. Hartley had forgotten all. It was only -when she was confronted with a letter that she wrote to Hiroti that, she suddenly remembered, after saying in Court that she did not know anything about the cheque.

His Honour, in Is address to the jury, stated they would have to take the singularity of the occurrence, ard ask themselves if accused could have forgotten all the incidents connected with the cheque—the trip to the bank at Hunterville, his visit regarding the matter to his cousin, Mrs. Hartley. If they felt that the evidence was not true, then it would be ♦heir ’ usiness to find the prisoner guilty. They h?d to be satisfied that a cheque was given by the cousin, and that accused did take this cheque to the bank at Hunterville and presented it. Evidence had been given in support by the bank manager at Hunterville that the cheque was presented in 1919 and dishonoured: also, there was the evidence of the taxi-driver who <ook accused to Hunterville. The jury then retired and shortly afterwards returned will: a verdict of not guilty. FALSE DECLARATION OF BIRTH. FINE OF flO INFLICTED. Cecii Henry Sharp appeared for sentence on a charge of false registration of birth. Mr. Currie appeared on behalf of he prisoner, and stated that Sharp leparted from New Zealand with an Expeditionary Force reinforcement fbe whole of his allotment t, his wife. When he returned from overseas circumstances had changed. He separated from his erring wife and lived with another women. They went to Raetihi, and there acquired a house r id business, and six nionf'S after a child was born to them and was registered as the child of he and his legal wife. It was accused’s intenti-n to legitimise the child by marrying the woman after divorce proceedings had been effected. It was really an act of chiva’ry on accused’s part that induced him to make the false registration. Questioned by His Honour, Sharp stated that he was :ot separated from his wife before he went to the I Front. Neither had he then made! the acquaintance of. the woman he was at nresent living with. His Honour said that prisoner had suffered a good deal in consequence. His business had been de. streyed, and he would take that into account. He would inflict a fine ot’ £lO. and six months would be al-1 lowed to pay it. •‘FOREST HOME” CASE. VESSEL TO BE SOLD. An interesting claim was brought before the Admiralty Court, yesterday morning, when Captaih Wewetzer and others brought a claim against the ship (American schooner Forest Home) for wages and disbursements. Mr Brodie said that, the vessel was registered in ’Frisco. She lr-ri ’Frisco on December Sth last year

for Vancouver Island to load lumbei, for New Zealand. She » there on February sth, and discharged her cargo, part at Wellington and the remainder at Wanganui. Part of the freight was collectable at each port, but was insufficient to pay wages and disbursements. Tl.e master had communicated with t! < owners sevcial limes n 'Frisco, but was unable to get money. The American Consul at Wellington als.? communicated with the Shippin; Commissioners at ’Frisco and with the bank, but without result. August Wewetzer, master of the vessel, produced the registration papers. His Honour: I see you are halfowner. Witness: No; only quarter. A mistake was made purposely. His Honour: I see, to charge you with more than your share of the disbursement. You had better ger rid of a partner like that. Witness had had command of the vessel since 1919. Prior to coming here ho went, to Alaska to salt salmon lor a period of five months. He was to have been paid 200 dollars per month, out of which the charterers l5O dollars, and the other owners were to have paid him 50 dollars per month. He had not received the 50 dollars. For the present his wages were to have been 200 dollars per month. The wages of the seamen were set forth in the. ship’s articles. At Wellington th * freight did not pay disbursements, and the agent advanced him part of the Wanganui freight, and he got n clearance and duly arrived in Wanganui on May 29th, with timber for Bassett and C ’ Witness received £45, out of which Bassett and Co. had paid £37 Ils 3d. The difference witness had expended in petty expenses for the ship. He advance 1 the crew half wages at Wellington, and paid off two of the men out of money advanced by the agent. Continuing his evidence, Capt. Wewetzer stated that he had paid no ship’s disbursements in cash in Wanganui, and had not bought anything for cash except provisions for the ship. Various accounts were then read in Court by Alr Brodie. His Honour to witness: You seem to have saved a lot by a number of the crew’s desertion. You’ve quite an historical list here. Ever since his arrival in Wanganui witness had been communicating with the owners of the “Forest Home.’’ One cable he sent them stated: “Send 2500 dollars or vessel will be sold by auction.” On July 3 he cabled, among other things, that an action had been brought against him, hut. as in previous cases, no reply w- s received. On July 23 he cabled the Shipping Board in Washington, asking for a transfer of registry, and received a reply stating that nothing definite could be done until certain matters had been attended to. Witness had received no further communications from the ship’s owners. He had no other disbursements, in addition to the present ones, to make. The Harbour Board had taken possession of the ship three days ago. . t His Honour eventually a decree that the matter bo referred to the Registrar alone to take an account of the sums to which the claimants are entitled up to the date ->f the decree. When the matter cam'' before him. on the Registrar’s re port, he would make the necessary decree for sale, etc.