SUPREME COURT.

Auckland Star, Volume XXXVII, Issue 196, 17 August 1906, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. (Before Mr. Justice Edwards.) The trial of prisoners at the quarter's sessions at the Auckland Supreme Court was continued yesterday afternoon before his Honor Mr Justice Edwards, the Hon. J. A. Tole (Crown solicitor) prosecuting. AGE OF CONSENT. In the case of Phillip Sallon, aged 19 (defended by Mr J. E. Lundon), charged with committing an offence in May last with a girl under the age of 16, the following further evidence was adduced. The girl, in reply to Mr Tola, said that her reason for maintaining that her age was sixteen, was that she had just i told accused that was her age, and she would not go hack on her word. Dr. Lewis, who gave evidence as to the girl's condition, said, in answer to Mr Lundon, that she was big enough for a j girl of 17 years of age. The mother of the girl said her daughter would be 16 on August 24. She did not know the prisoner, but knew that he and her daughter had been seeji about together. She objected to it, and Kad frequently reprimanded her ter...Evidence was given by a witness who stated that she had told prisoner in Juno it was not right for him. to leave the girl in trouble, and prisoner replied that he meant to see her through it. In April witness told prisoner that the girl was only 15. Prisoner then replied that the girl had told him differently, and he thought too much of her to disbelieve her. Constable Cox detailed a conversation he had had with prisoner at the request oi the girl's parents. Prisoner then denied that he had had anything to do with the girl on the occasion when she was away from her home the whole night. Witness told the prisoner the girl was only 15 years of age Prisoner, giving evidence on his own behalf, said the girl had assured him she was Iβ years of age. His Honor, in summing up, said it was n. question of whether the jury were satisfied that the boy had established that he had reasonable cause to believe that the girl was of or about the age of 10 years. It wa3 not disputed that she had frequently told him she was about the age of IG, and in the absence of some warning to the contrary she might be taken to be of the age of 16. Tho prisoner had received warning from the police on the authority of the girl's father that she was under the age of 10. The jury, after retiring -for 40 minutes, brought in a verdict of guilty, and added a rider strongly recommending the prisoner to the leniency of the Court in consideration of the neglect of the girl's parents and the prisoner's youth. The prisoner was remanded for sentence until Monday next. TO-DAY'S PROCEEDINGS. CHARGE OF ATTEMPTED RAPE. Edward Donnelly (defended by Mr. J. R. Lundon) pleaded not guilty to a charge of having attempted rape on a trirl at Waiharara on April 24th, and further with assaulting and indecently assaulting her on that date. In opening the case for the prosecution, Mr. Tole stated that the girl, who lived with her parents in the same neighbourhood as the prisoner, hud arranged to assist prisoner's wife who was in a delicate state of health. On April 23 3he went to live at prisoner's house, and it is alleged that the offence occurred on bhe following night. The girl had successfully resisted, his efforts. The girl, aged 17 years and 10 months, stated that the prisoner's wife hafl asked ier to assist her in the house. Witness . x j._ ;k~-r.n.*>a liniiso nn fhfi 23rd

went to prisoner's Mpuse on wie -oiu April. That evening she slept in the same bed with prisoner's wife and two children, prisoner occupying an adjacent room. On the following night prisoner went into his wife's room and witness occupied the adjacent room. Prisoner came into her room about one o'clock that night, and she, was awakened by his catching hold of her. Witness called out to prisoner's wife, but could get no reply to her cries. Witnessed described the offence. She successfully resisted his efforts, and told prisoner she was going home. Prisoner left after having locked the door. She was not again molested that night. She dressed herself and remained in the room until the door was unlocked in the mornin«. When witness told prisoner's wife what had happened she (Mrs. Donnelly) laughed and passed it off as a joke. Witness said that on returning home she told her mother what had happened. Later on the same day witness, accompanied by her father, mother, L and Mr Maher, went to prisoner's house and confronted him with the occurence. Prisoner was very white, and asked what the bother was, Witness detailed what had happened in prisoner's presence. Prisoner denied everything, and asked her what books she had been reading. Witness said she had been reading no books, and prisoner called hex a d brazen-faced faggot. To Mr Lundon: Witness had visited the prisoner's house before taking , service there. Witness had not asked her previous mistress to sign a document stating that she was recniving higher wages, w> that she could induce her mother to allow her to stay there. Witness denied sitting on prisoner' 3 knee in the afternoon. Witness denied that on the Monday night, when she slept in the same bed with prisoner's wife, that fhe had held any conversation with prisioner. She would not deny that she said in the lower Court that she knew the time by the moon. She had not since been told that there was no moon on that night. Although she had no lipht in the room, and the curtains were pinned together, she could still see that prisoner wore a dark shirt. Witness had been treated with some violence. Her arm and shoulder were much swollen. Dt Hope deposed to examining the girl on July Ist. She was a virgin. To Mr Lundon: He found no indications of any injury. (Proceeding.) SUPREME COURT SENTENCES. WELLINGTON", this day. Three prisoners were sentenced by the Chief Justice to-day, viz., George Williams Warry, brea-king and entering at Otaki, six months; Herbert Swan Dixon. theft at Eketahuna, defalcations involving £200, twelve months; George White, eight charges of forgery, two of theft and two *of false pretences, two and a-half years for forgery and two years on the other charges, sentences to be concurrent. :