CRIME AND COMEDY.

Auckland Star, Volume LIII, Issue 96, 24 April 1922, Page 5

CRIME AND COMEDY.

TWO JUSTICES DISAGREE •IN OPOTIKI ASSAULT CHARGE. A BREEZY ALTERCATION. (By '4-legraph.—Own Correspondent.* OPOTIKI, Saturday. The Courthouse was crowded all day j-esterday when cases of carnally knowing were proceeded with against nine young men, each being a separate indictment. Sergeant Ferguson appeared for the police, and Mr. H- Elliott for all of the accused. ' All the charge centred around the movements of a Maori school girl from Torere, some miles down the coast. It was alleged that the offences charged took place during a visit of tbe girl to Opotiki between the present date anil March 31. Examination and cross-examination of the principal witness took three hours. It came out that the girl first told tbe police that she was 19 years old, but after the police heard from the native schoolmaster, she thought perhaps she was only 13.

The native schoolmaster gave evidence as to the age of the girl, according to his register. Under cross-exam-ination he admitted having removed her name from the school roll, largely through what he had heard. After the closing of the prosecution, tbe accused pleaded not guilty, counsel electing to give evidence at once. As this was nearing 5 o'clock, the presiding Justices wanted to know if the other eight cases were to be heard separately. On the police reply being in the affirmative, the justices said they thought the case-would take a month. One justice said it would be better to hear all the cases before deciding any. The sergeant said that would not suit him: he wanted to know bow he was going on, for if this case were thrown out he would lay a fresh information at once. This brought defending counsel to his feet. He said this was a threat, and not fair to the Bench. The sergeant then quoted from law books on the subject of cases that must go to a jury. There were only two points to decide—did accused commit the act alleged, and was the girl then under 16 years of age.

One of the justices said that if he thought the girl was 19 years of age he would let all of the accused walk out free.

The Sergeant (emphatically): Then a fresh information would be laid.

For a few moments the Bench, police and counsel were all speaking at once. Tbe justices said they thought they were there to decide whether there was a case for a jury.

The police said they were quite satisfied with their case, and if the justices thought fit would adjourn the cases for hearing by a magistrate. Counsel thought the police bad overlooked the very basis of British justice, which was that a person was innocent until found guilty. The sergeant said he knew the law,

anyway, and had had more experience of criminal law than the defending counsel. The justices eventually decided to adjourn until 7 p.m. t'pon the C'purt resuming evidence for the defence was taken. A local Maori girl absolutely Tefuted the evidence of the police witnesses. Accused gave evidence on his own behalf that the girl had stated she was 17 years old. She had asked him to go out. Tb° police claimwl that the case must go to a jury. The justices had no option in the matter. Counsel and one justice, however, thought otherwise, one justice saying he would not give the price of a lead pencil in his hand for the evidence of the police witness. He must discredit her evidence altogether. The accused had given a perfectly frank statement. The other justice said he thought the case should go to a jury. Then Xo. 1 justice gaid, "Well, I don't; and no jury would convict. In fact 1 would not swear to the age of the girl myself. 7 ' The Sergeant: All right, then, it must go to a third justice. Defending counsel thereupon jumped up. protesting against the police continually addressing the Bench every now and again. Xo. 1 .Justice: We will not agree, so must have another juutiee. It worries mc. that girl's evidence. Xo. 2 justice interjected that he did not want to sit for ever, as he was in Opotiki on a holiday. Eventually thp case was adjourned to seeirre the aid of a third justice. (KVft QA.SE DISPOSED OF. ~ OPOTIKI, this .lay. The first case was finished late on Saturday evening, when three Justices, by a majority vote, sent the case for trial at Gisborne. The rc*t of the cases (eight 1 were remandeJ this morninsr til! Friday, for hearing by a Magistrate.