SESSIONS OPEN.

Auckland Star, Volume LXVI, Issue 250, 22 October 1935, Page 8

SESSIONS OPEN.

GRAND JURY'S DUTY.

CRIMINAL CHARGES.

JUDGE AND GRAND JURY.

SEVENTEEN INDICTMENTS.

With seventeen cases on the calendar the quarterly criminal sessions of the Supreme Court opened this morning when Mr. Justice Fair delivered hie charge to the grand jury.

The following grand jury was em panelled:—

F. McGovern (foreman), W. H. Ball, E. M. Bennet, P. H. Cammell, J. S. Caughey, L. Clark, H. F. Cliffe, A. E. Cliiikarcl, G. Cooper, 11. R. Craig, T. A. Goulding, R. J. Inglis, R. Instill, F. Jeffers, G. L. Knight, E. G. V. Le Petit, F. C. Mappin, F. W. Moodie, L. Norman, H. Oakley, F. M. Pearn. 11l delivering his charge, his Honor said that the number of bills to be considered was rather less than usual. There were 17 bills, compared with 21 at the last sessions. There was a rather larger proportion of sexual cases than usual, but some of them were weak eases and required the special consideration of the grand jury. One feature was the fact that there were no charges against motorists of negligent driving of motor cars causing injury or death, and his Honor hoped that represented a diminution of that type of case.

His Honor told the grand jury that all they were required to do was determine whether there was sufficient evidence to justify the accused persons being brought before the common jury to stand trial.

Reviewing the cases which had to be considered, his Honor said that in the ease of Charles Augustus Milich, charged with assault so as to cause grievous bodily harm, the jury might conclude there was sufficient evidence for the matter to be decided by the common jury. The accused in a statement admitted the assault, but alleged provocation.

In the case of three young men charged with unlawfully carnally knowing a girl between the age of 13 years and 14 years the accused in a statement frankly admitted the offence. A charge of indecent assault preferred against Eric- Marshall Waklen was admitted in a statement by the accused. CONSPIRACY ALLEGED. Four people, Peggy Taylor, Mima Elizabeth Mary Armstrong, Matliew Edward Daubnev and Reginald Merton Semb, were charged- with conspiring to defraud "Mr. X." of the sum of £75. "Mr. X." had been associated with the woman Taylor and afterwards with the woman Armstrong. Daubney caught "Mr. X." in a bedroom with the woman Armstrong and charged him with carrying on with his (Daubnev's) wife. A threat bv the accused to bring an action for divorce was made with "Mr. X." to be cited as co-respondent, and to avoid this "Mr. X." was to find £75. Letters he had written were presented and some money obtained from him. The evidence oT the woman Armstrong would show that the whole thing had been arranged. "Mr. X." was to be found with Armstrong in her bedroom and money obtained from him.

CASE NOT STRONG. The only direct evidence, said his Honor, in the charge of unlawful carnal knowledge against Sydney Saies, was that of the girl herself, aged 13 years. There was the evidence of the girl's mother that the accused had been seen about the place where the offence was alleged to have occurred, but the case was not a strong one. The grand jury might desire to have the girl before them, and after hearing the witnesses might think it was a case which should go before the common jury, or might decide that it was a case which should not be put before the common jury. A WIFE'S EVIDENCE. "Here again the case for the prosecution rests almost entirely upon the evidence of the girl concerned," said his Honor, referring to the charge of unlawful carnal knowledge against Percy Ernest Malcolm Growden.. "I direct the jury to disregard the evidence of accused's wife altogether. You might find the case is not one to go before the common jury. unless from the girl's demeanour you feel you can accept her as an honest and reliable witness."

His Honor said the jury would have no difficulty in finding a true bill against Veronica Pope, charged with theft and obtaining credit by fraud. The .evidence- would show that a friend of accused's had lost a diamond ring, and at the accused's suggestion had advertised for it. Accused had produced a letter in reply to the advertisement, and had subsequently told the owner she had paid out £5 for the return of the ring. Another case which should offer the jury no difficulty was the series of charges of forgery against Laurence Edward Din by which it was alleged.he had obtained from the Post Office Savings Bank at Auckland money to the extent of £4550. Madeline Elizabeth Din, his mother, was joined with him in respect to the obtaining of the sum of £1850.

The cases against Charles Richard George Ross of breaking and entering, and against John Thomas Scott, of being an incorrigible rogue, presented no difficulty, but in the case of Mervin George Piddock, charged with indecently assaulting two girls, aged seven years and six years and eight months, the jury should examine the evidence with care, as the case was not a strong one. The charge in respect to the second girl was weaker than in the first, and the jury might consider that no bill should be returned, although it was quite open to them to find a true bill in respect of the first count. TRUE BILLS. At the luncheon adjournment the grand jury had returned true bilk against the following: William Brewer, charged with escaping from prison; Sydney Saies, charged with unlawful Carnal" knowledge; and John Thomas Scott, charged with being a rogue and vagabond.