SUPREME COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume LIII, Issue 2773, 19 May 1903, Page 2

SUPREME COURT.

THE BARRY'S BAY CASE.

George Walter M'Clintock was ch-uged with having, on Jan. 21, at Birry's Bay, a'tempted to commit an indecent assault on a young woman. The accused had been brought up at the previous Eesaion, but the case had been adjourned owing to the slate of accused's health. Be had then pleaded not guilty. His Honor said, says the "Lyttelton Times," that he did not think it would be necessary for counsel to say much oa ac cused's behalf, bnt he would ask Mr Don nelly to watch the young man'- interests ividence was given by the girl who had been assaulted, aud by a fcmall niece. Charles Innes, Frank L 9 Comte, Daniel O'Connell, and Constable Bird gave evidence connec ing accused with the offeree. Mr Donnelly said he thought it would be well to have some medical evidence. The accused said he did not untierstan ' anything ol what had been said.

Chief Gaoler C'eary said that Muce last, sessions', when accused had hid «vernl epileptic fits, he had been apparently healthy. Once he had a fit. In witness's opinion, the accused was quite tble to distinguish between right aud wrong. The prison doctor stated that he thought the man was pro tending to have fits. His Honor said that he was quite satisfied himself that the plea of insanity could not be brought forward. It was a difficult point. Mr Stringer said the doctors had declined to commit accused to an asylum.

The foreman Baid that the jury were satis fied that accused had been responsible for his actions. Mr Donnelly said tliafc accused had already been in Bunnysido Asjlum. His answers to counsel's questions, however, .eemed to show that he had known what he was doing when he committed the aesauK His Honor, in summing up, said that there was no doubt that accused was of weak intellect, and that he had oommitted tho assault. He had evidently known what he was about, and as he could not be confined in an asylum it was necessary in the I

üblic interest that he _hould be put vi der ome sort of restraint.

The jury, without retiring, brcught In a verdict of guilty. His Honcr said that in the interests of the public he felb it his duty to it fliob a rentence. The particn.ar form of physical weakne: to which accused Was subject led him to the commission of sexual oßences, wdile he had not the mental power to restrain himself. For the sake of women and others he must be secluJed for a considerable time. It *ould be much better if there were an institution in which he could be better dealt) with than in a gaol, but above all he must bo 8 pirated from society. He wcu'd le srntrnoed lo four years' imprisonment. t tHKR CASIS. 1 oaard Sheard was f( und gni'ty of indecent assault. Thomas Smale was fout d ffsilly of selliog v mixture of resin and piralfiu for beeswax, got six months. Walter Hill was ac tl.ed of fraudulent dealing, having sold Vincent & Go's beef, a 9 their agenb at Cheviot, and cot accounted for money nceived. Ihe accused was ao* quitted of the offence.