"NOT ABNORMAL."

Auckland Star, Volume LX, Issue 256, 29 October 1929, Page 5

"NOT ABNORMAL."

THE CRIMINAL CALENDAR?

SUPREME COURT SESSxOK,

OUTLINE OF CASES FOR HEARING.

HIS HONOR'S CHARGE,

"I do not think the list you have to consider can be regarded as being in any way abnormal. Usually we have 22 cases set down for hearing at the quarterly sitting, and on tliis occasion there are twenty-five." So said Judge Sir Alexander Herdman in making his charge to the grand jury at the opening of the criminal session of the Auckland Supreme Court this morning. His Honor reviewed the various cases on the calendar at length, focussing attention at the outset on minor charges. He did not think the jury would have any difficulty in disposing of several indecency cases, as they related to young girls, by returning true bills. Referring to the charge of theft preferred against a railway servant, William Phillip Payne, lie said' that accused admitted taking a sum of £108, but stated that he intended to put it back again. There was sufficient evidence to warrant the jury sending Payne for trial. '"The evidence is plain and simple," said his Honor in describing the charge of bigamy levelled against Minnia Clamest Horrocks. In this case, he said, the woman was married in 1912 nnd again in 1921. There were two prosecutions against men for alleged offences of the Bankruptcy Act. Jii the case of John Gilbert Helleur the suggestion was made by the Crown that accused contracted debts without having reasonable expectation of paying them, and a true bill should be returned. It was stated that he started as a grocer on £100 borrowed capital. lie was then £150 in debt, but increased his liability by contracting debts aggregating £520. The other man concerned was Arthur Douglas Wylic, who was also charged with theft. Wvlie was an undischarged bankrupt, and the evidence indicated that he did not communicate this fact to the trading community. Unusual Charges. His Honor recommended that two indecency cases concerning boys and four of breaking and entering should be sent on for consideration by the common jury. Commenting on the unusual charge of attempting to obstruct, pervert or defeat the course of justice against a man named Bobbett, he said that it arose out of a case concerning a woman charged with a serious crime. It was alleged that accused wrote a letter to one of the witnesses in the latter case and suggested that she should give such evidence that would exculpate the accused. Bobbett admitted writing the letter, and the jury would have no difficulty and deciding to send him for trial. "This is a weak and trifling case," said his Honor, in directing attention to the facts of the case against Thomas. Alfred Botterill for alleged forgery. Botterill was supposed to have signed a contract form and forged the name of a woman hotel proprietor. "The case seems to me to be trifling, but it is for you to say whether a true bill should be returned," he added. Another forgery [ charge involved Sarah Janes Brown. Someone had forged orders sent to the Farmers' Trading Company, and the question was who was it. A curious circumstance about the matter was that accused mis-spelt certain words, also mis-spelt in the order when interviewed by the police. The case might not be strong, but it seemed to justify the attention of a common jury. Dealing with a charge of mischief against a. man named Dwyer, his Honor explained that accused bought a car on the time payment system and got in arrears with his instalments. His car was insured and the suggestion of the police was that he ran it down an incline [with the object of destroying it. It was | also alleged certain wires wera manipulated so that the vehicle would catch fire. [ "This is another case of not much importance you may also consider trifling," added his Honor, in outlining the indictment relating to the alleged theft of a mare at Papakura by a Maori, Scotty Wera. The animal in the case was not of much value, being disposed of, together with a buggy, for £3 10/, while it had also been in the possession of Wera for some time. A feature about the case of David Barry, charged with forgery, was that some incriminating papers were found in his room, which indicated that he had been practising writing the name of the man whose writing he was supposed'to have forged.

Indian Doctor Charged. "I will pass o.n to a much more serious matter," said his Honor in referring to the allegations of indecent assault made against Dr. Balder Singh Share. The girl in the case, lie explained, injured a finger in the course of her work as a tailoress and went to a certain city doctor for attention. On making a return visit to the same building she in some way got into Dr. Share's rooms. The latter, it was alleged, suggested she was not looking well and she consented to an examination being made. The girl carried out certain instructions, but, subsequently, suspected there was something wrong. She informed a fellow worker of what had occurred. Before the girl left the surgery she was, according to her story, shown a number of photographs by accused. Some were quite harmless and innocent, but others were of a most disgusting character. "On all that evidence you are invited by the Crown to come to the conclusion that there is sufficient evidence to send accused for trial." Negligent Driving Cases. Out of three negligent driving cases there was one that was not serious, but in the case of a man named Weller there was evidence that the accused had been drinking. It was true that a doctor who examined him two hours afterwards, stated there was no evidence of intoxication. Persons who were in the vicinity of the accident at the time, contradicted this. The accident happened on the New North Road, and accused crashed into a stationary tramcar, knocked down and killed a passenger who alighted from it. How did this man come to drive at such a pace as to crash into the tramcar and kill the man alighting from it ? Accused stated there was something wrong with the lights of the tramcar, but evidence would be produced to show that they were working in the normal way. The most serious case was that of Herbert Biddulph. This related to an accident in which two people lost their lives. It seemed evident that two men and two women in the car driven by Biddulph had been indulging in a drinking bout. The car crashed into a telegraph pole on

the Great South Road, and some witnesses stated that it was travelling at 50 miles an hour just before the accident. There seemed to be abundant evidence to prove that Biddulph w-as under the influence of liquor, and there seemed no reason why the grand jury should not return a true bill. "I don't think you will have much difficulty in adopting a similar course in this case," said his Honor in dealing with the case of Jessie Morris, who is charged with procuring abortion on a married woman at Auckland. Another woman on the calendar was Adeline Pyle, who is charged with manslaughter at Waihi. The girl on whom it was alleged an illegal operation had been performed died from a septic condition. Murder Alleged. "The last case 1 have to draw your attention to is a charge of murder against George Caffery," said his Honor. It was alleged that accused called at a house in Nelson Street, and, in the course of an altercation, killed a man named Levy by stabbing him in the groin. Caffery had wanted to see a man named Cole, and one witness said that he actually saw Caffery at the door of the house when Levy called out, "Dave, I am stabbed." Caffery had stated on one occasion: "I want Cole. I am going to kill that —." A knife was found in the room after Levy had been taken to the hospital, and there was evidence of blood being on Caffery ! s boots when he was arrested. Caffery admitted having had a struggle, and to pushing Levy into the room. That admission proved that he was on the spot when the catastrophe happened. The Grand Jury. The following grand jury was erapanelled : — Walter McKeicli, Louis Montefiorc Nathan, Arthur dames Oborn, Alexander Stewart Pratt, Douglas Reid, Kenneth McKinlav Rutherford, Archibald Slinger, Alan Gilchrist. Tizard, George Michael White, Robert Woods, Joseph Yock, Henry Drvcott Atkin, Frederick Charles Buddie, Leslie Cashmore, Leonard Clark, Herbert Richard Craig. Henry Howard Gaudin, Frederick William Hick son, Ralph Henry Jackson, Thomas Macklow, Alfred Andrew Martin.