SUPREME COURT.

Wanganui Herald, Volume XXXII, Issue 9401, 30 March 1898, Page 2

SUPREME COURT.

(Before His Honor tho Chief Justice Sir James Prendergast.) Tdesdax, 30th March, - The jury retired a'; 5 o'clock to consider their verdict in the case against Eliza O'Driscoll for perjury alleged to have boen committed at the Magistrate's Court, Wanganui, in "August last during the hearing of the case Galvia v. O'Driscoll. At 0 o'clook the jury brought in a verdict of "Not Guilty," and acoused waa accordingly discharged.

Wednesday, 31st March.

HORSE-STEALINO. John Cameron, who yesterday pleaded guilty to a charge of horse-stealing, was brought up for sentence. He put in a statement for His Honor's perusal. The Chief Justice said that there were several previous convictions against prisoner, one quite recently for which he was now serving a sentence. He had been convicted in March and September of 1802; February, 1893; June, 1895; and April, May, and June, 1896. Prisoner would be sentenced to 12 months' hard labor, to commence at the expiration of the present sentence. BREAKING AND ENTERING. Frederick Cartwright, who also pleaded guilty yesterday to breaking and entering, came up for sentence. Mr Meldruin appeared for the prisoner, and asked His Honor to admit him to probation as a first offender. This was the first time the prisoner had been charged with a criminal offence, and the act had been committed in a weak moment without premeditation. He was only 21 yeara of age, the son of a small farmer in Taranaki, and one of a family of ten ohildren. Prisoner would undertake to make.reparatiou in the way of restoring whatever * goods ho could. The Probation Officer reported favourably on prisoner, stating that the only objection he had to admitting him to piobation was that he was employed in an out of the way district where he was unable to keep any control over him. His Honor stated that he did not like admitting persons to probation unless they obtained security. Mr Meldrum said there would be a difficulty in obtaining security, as prisoner was living away from his parents. Bis Honor said he would postpone sentence till Friday mo*rning. SHEEr-STEALING. James Leask and William Thomas.who also yesterday pleaded guilty to stealing a owe from J. F. Stndholmo at Buanui on. the 25th of March, 1898, were brought up for sentence. Mr Meldrum appeared for accused, and made a similar application as in the previous case. The prisoner Leask was 58 years of age, and had been in the colony 38 years, 12 years of which had been spent in the Rangitikei 'district. Reoently he had taken up a bush farm, and for the ■ last three years had been clearing it. ' The farm in question was situated btween two large holdings, and none of the stations ... were fenced. Sheep from either station ', > had been in the habit of roaming over prisoner's place, and eating the grass, and in oonsequence of this annoyance the ■ offence had been committed. With respect to Thomas, he was the" step-son of Leask, and the latter accepted 'the responsibility of the crime, as 'his son, who was of weak intellect, simply did what he , ■ was told. Mr Meldrum, therefore, submitted that Thomas was a suitable' object for His Honor's clemency. \, The Probation Officer's report wa* handed in. His Honor decided to admit Thomas to probation, as he appeared to be under the control of his step-father, on condition ■ that he entered into a bond to' comply" with the terms of the Probation Act for six months. With respect to Leask, he would also give him the benefit of the Probation Act, provided he paid the costs of proseoution. £10. Taking into account . ' his age, His Honor thought he could ven^ ture to refrain from passing. sentence upon prisoner on this occasion, and Would admit him to probation for Six months with the proviso indicated. ALLEGjED THEFT. James Diggs was charged with stealing the sum of £7 from the person of James • Dempsey, on December 18, 1897. Accused pleaded not guilty, and was ordered to stand down. ALLEGED PEBJTJBY. Walter Henry Cooper was indicted on a charge of committing perjury at the Magistrate's Court, Wanganui, on 30th August, 1897, in connection with the Galyin-O'Drisooll case, the charge being similar to that on whioh Eliza O'Driscoll was indicted and acquitted yesterday. He also pleaded not guilty. CARNALLY KNOWING. Percy Tucker Robinson was oharged with carnally knowing E.izabeth C. J. Lee, a young girl, 15 years of age, at Foxton on 15th February, 1898. Accused pleaded not' guilty, and was ' defended by Mr Wilford, of Wellington. The following jury were empannelled : — J. R. Sommorville, D. S. Glasgow, F, Sarten, A. C. Lennard, J. Higgie;^ J. Biggie, M. Bell, F. W. Oliver, W. Glasgow, G. Randal, P. D. Hogg, and J. Gray. Mr Sommerville was chosen foreman. • Mr Marshall,, in opening the case for the Crown, said that the facts disclosed a deplorable state of things ' He understood his learned friend (counsel for accused) did not deny that improper relations existed between accused and the girl. When the mother of the girl became aware of the intimacy she sent for accused, who admitted the offence, but stated that as he had paid money to the girl he thought ho was free of tesponßibihty. It had been suggested that accused should marry the girl owing to her condition, and he had asked how much would be required to " square " it. The accused had suggested that drugs should be procured, and in the event of them proving unsuccessful he said he would then marry her. Mr Marshall"- " understood the defence would be that the girl was of an immoral character, but he, pointed out that if the girl was under the age of 16, and acoused was aware of her age, it was an offence under the Act even if she gave her consent. In reply to His Honor, Mr Wilfora stated that accused was 21 years of age, and the girl within two months of the age of consent. The evidence of the witnesses for the. Crown given in the Lower Court was, by consent of counsel for the accused, read over to them and sworn to as correct. Counsel for the accused called the following witnesses in defence :— Henry Sal- ■ mon (constable), Thomas Hargraves, Ernest Dnnn, William Walburton, l)enniß MoGill, Charles King, and the accused. The case is proceeding as we go to press.