THE COURTS.

Press, Volume LVII, Issue 17291, 1 November 1921, Page 4

THE COURTS.

SUPREME COURT. CRIMINAL SESSIONS. The criminal sessions of the Supreme Court opened yesterday beforo liis Honour Mr Justice Adams. Air A. T. Donnelly, Crown Prosecutor, conducted' Iho various cases til behalf of tho C'roivn. THE GRAND JURY. The following Orf.td Jury was empanelled : —Messrs G. Hayward (forowan), H. J. Beadel, T. B. Bot.Hon, J. R, Brown, C. M. Bruce, W. Bull, W. C. Cleary, P. M. C. Clearv, B. W. M. Cole. H. Gibson. J. E. Hayward, G 11. UOUOI-J, Ji. i-l. Knight, J. W. K. Lawrence, C. 11. Lewis, G. W. K. Morlev, A. P. A. Nicholls, .1. T. Norton, V . ~V". Pilcaithlev, A. rnwrie, O. W. Wood, 11. C. Woodward, and P. Wynn-Williains. HIS HONOUR'S CHARGE. Iu his charge to tho Grand Jury, his Honour *aid that there- wero ill sill 2'2 indictment, embracing quite a number of different offences. There were four nraiialwhter cases, nino in ciTne.xion with sexual offences, runging from rape to indecent exposure, two of bookmaking, and several of .theft. All the manslaughter casos involved tho question of road traffic. In. such caao3 it was necessary to bear in mind that the question was whether or not there had been uogligcnco on the part of the accused. Peraona using the highway were bouud to exercise reasonable care as to the per-sons-or property of other persons who were on the Highway, either lawfully or unlawfully. His Honour then I'riefly outlined some of tho cases, and in regard to one manslaughter charge said that tho mail who, had died from the injuries he received hud apparently be«u a chronic alcohoho, and the medical testimony was to the effect that had it not been for his habits, and his condition at the time, death would probably not have ensued from the injuries received. However, that did not exouaa the accused. Tho question was whether the injuries, takiug.th* deceased as ho was fit tho, two of the accident, caused his death. TRUE BILLS. True bills were returned! in respect of all tho indictments, aa follows:—David Irwin, alleged theft from tho person; Alfred. Seeker, alleged indecent act; John b ® rt p 1 ™-,' alleged breaking, entering and theft, Wil liam Rothwell Kemp,-alleged indecent act, William David Hand, Harry Ctyrk, and John Leslie Clark, alleged carnal knowledge: Archibald Lloyd;, alleged mawlaugbter- Henry Francis King, alleged indecent assault; Frederick Jackson, alleged attempted race- Claude Osmond Barker, alleged theft: John Wakefield, alleged oarnal knowledge- Alfred Denton, alleged manslaughter' 'Thonjaß Long and Frederick aliased bookmaking; manslaughter; Donald Scott, alleged manr dauehter; Scott Main,, alleged discharging firearm with intent to disable (two charges); Richard Haelaro Smith, "{M® 1 ' forglry John Leonard, alleged carnaljmowledL of mental defective ; A]f red Frederick Ceoil Rushton, alleged theft of sheep, Alfred Jeynes and Donald Joyce, alleged obtainin® credit by fraud. INDECENT ASSAULT, When Henry Francis King, 40 J'" 18 ®? a «e was plwed at the bar and charged w!th having on September 17th, nns-vulted a. eiri under the ago of 16. Mr J. H tTpha» that tlie I,ria ° nCr W ° Uld pl Mr Uphtm said that the prisoner was a Hjan of defective intelligence, but hadnever previously show* the Ifd ovidlntfy rt vioious tendencies tha matter. circumstances, in that at.had committed in a picture theatre, and -it, was tkl that children should be able to Msit such places of entertainment without fear of •t&FSr*** ««'» Mh* tall being reused. THEFTi Frederick J»mea Blandford Bennett (Mr E. W White) was presented on four H'M of sums of £3OO, £ls. £79, and £l6 rear!S'c^tS," I prs!tai 1 *««A. Hi/'j" ecb«meo entirely of lu» own mairafaotju». Mr Wlite said that prisoner w»s evidently obaessed by .ome idea that ha was. a kinff.Qf finance and ho hod ooucooted various weird schemes. Creduious people had wad? small loans to prisoner, receiving enormous interest foHhort 5 period. It was almost "credible that people had. been so easily gulled. by a man who was obvioualy an eccentric. PrieTner had served v«iow' terms of imp = ment, and about two years ago hofinishcd a term of two years' refonn»tive When he came out of gaol ho tpld all to whom he applied ior work hia pwition and bU weakness. He had made no effort to get away with the money, but had voluntarily given himself up. He had simply let the money slip through lu» hands, and, in fact had spent much of it on those from whom ho had got it. Mr Whito considered that tho cue should be «no for reformative treatment of some sort. Prisoner had a long list against him but unfortunately he had received reformative treatment at the end. instead of at the beginning.. H« waa obviously not of normal mentality. ~ ' . . Mr Donnelly said that the case was just »u ordinary one of an ingenioua swindler. Prisoner was a plausible person who had ltidden his schemes, under » cloak of respectability, making himself out to bo of a pious and religious turn of mind. His Honour deferred-sentence until triday morning. THE ADDINGTON ASSAULT. Frederick Jackson (Mr h- W. Gee) appeared ou charges (1) pf having, on October 14th, at Addington, committed rape; (2) that on tho samo date he attempted to commit rapo; and (3) that on tho 6*me date ho had. assaulted tho woman mentioned in the charges with intent to commit rape. i Mr Donnelly said that counsel for prisoner had informed him that prisoner -would plead gujlty to the seoond charge, that of attempted rape. The othor charges Would therefore be withdrawn. Mr Geo said that accused' had been previously convicted on several charges, *ll of a minor nature. The present crime was unpremeditated, prisoner having acted' on the 6pur of the moment at a time when ho waa mora or less under tho influence of liquor. Accused at the time was still Buffering from an accident in which he had been severely burned about a month'-previously. In view of those facts, and the fact that he had. recently had domestio troubles, accused waa not in such a state aa to think properly of what he waa doing. Luckily the girl had sot been seriously injured. Prisoner waa tb» sola support of his elderly mother. Mr Donnelly said that it wag difficult to imagine a worse case than that to which prisoner had pleaded guilty. Prisoner was remanded for sentence until Friday. ADJOURNED. David Irwin, who was not represented by counsel, pleaded not guilty to a charge that, on August 19th, at Lyttelton, he stole a sum of £3 from the person of Thomas Bolger. Mr Donnelly, in outlining the case, said that on the date in question Bolger had been paid off the Eittawa, in which ho had been employed as cook. He placed £9 of his wages in his wallet. One the same evening, when a'jout to catch the Miraroa for Wellington, ha met the accused, and while talking to , him produced the wallet to take out his Gteuner ticket, at the same time exfeeinz the

money- Prisoner enatched the wallet and made off with it- Independent evident* would bo brought to 6how that at least two lad seen the prisoner running along the •»harf on tho evening in question with another man in pursuit. After evidence for tho prosecution had been ~iv«n v>'i=on»r. who had been conducting his ?vm ca<e viiii tiie utmost coolness, explained t'-at lis wished a. certain witness to be produced. aud the case v.-aa therefore adjourned until this morning. SOT GCILTT. John IT icefield IMr C. S- Thomas) was charged with having, at Jjytteltou on September 4th. carnally known a girl of tha age of 15 -.-ears and 11 montjs. The defence relied on the plea, that accused had reason to believe that the girl was ° The'girl concerned stated that elie had remarked to prisoner that she was 16 years of it M evidence wa. gaven to the effect «hat the girl wis very well deV lXr of ten minutee. the jury returned with » verdict of not guilty, and prisoner wae discharged. acquitted. "William Rothwell Kemp (Mr R. A. Cuthbert) was cha-rged-U) That on August 15th he committed an act in the yard of Iho Prince of V> ales Hotel, and u) that ho did go with intent to insult a certJTho6Court wa3 cleared during the healing u* retirement of about fifteen minutes tho jurv returned with a. verdict of not guiltv and prisoner was discharged. The' Court adjourned until 10 u.xn. to-day. IS CHAMBERS. Administration was granted to the Publio Trustee bv the Supreme Court of tho following intestate estates in tho Canterbury district- Francis J. Bateman, gardener, Chrjstchurch; Isaac H. I*.. Mouldey, f aln> labourer, Doyleaton; John, McTag-ga-rt, horse trainer Christchurch; Mary S coble, domestic duties,' Bru-nnerton; John H. Chaney, libourer Christchurch; Stewart A. Wilson, farmer 'Sefton; Edward Dyer, nigktwatchman, Christchurch; Oliver L. Went, seaman, Christchurch; Charles A. Jenime, station hand, Kaikoura.; Marion E. Davie, spinster, Christchurch. .... , , ~ Probate was likewise granted of the wills of tbe following deceased persons:'-Ellen McDonald, widow, Southbrook; James T<hos. Donaldson storekeeper, Sydenham; Antoneo Megaldo, fisherman, T«mh Einmt E. Parrott, married woman, Christchurch; Thorn&s Napier, carpenter, MaUta; Edward W. Harris, farmer, Okaiu s iiay; Mary su. Price, spinster, Christchurch; James T. Riober'te, ploughman, Aahburton; John Whearty, farmer, Eiffelton; Anna McConkey, widow. Lees ton; 'William Hobaa, barrister and: solicitor, Christchurch. MAGISTERIAL. MONDAY. (Before Mi- Wyvern "Wilson, S.M.) drunkenness. Two first offenders wore each fined 5». A third first offender was convicted and fined the amount of his bail, 10s. Hugh Miller wa* remanded for ft week a medical treatment on a charge of having been found in a elato of helplosa drunkennose, A BROKEN ORDER. "William Henry Flower New ill waa convicted and fined 40a for having broken liM prohibition order. On, a, further charge of drunkenness he was fined ss. THEFT. Frederick Armitage pleaded guDty to having stolen an overcoat, valued at £lO, the property of Chafe'. F. Morkayne. Chief-Dctectivp Thompson stated that the accused stole the overcoat from a room in the -Repatriation Department's building. The accused. v;:i6 convicted, and sentenced to sis months' imprisonment He was also charged with' haying attempted to steal from a till, containing £4 108, the property of Charles McCarthy, to which oharge he pleaded not guilty. Irene McCarthy said that on Friday the accused went into her brother's fruit shop in Lower Manchester street, and attempted to Help himself to the contents of t"he till, her attention being drawn to hie aotion. by tha ringing of the bell on. the till. The accused denied having been in tho shop at the time mentioned, but the Magistrate disbelieved his story, and sentenced him to three months' imprisonment, the sentence to be concurrent with the first. assault. A fine of £2 was imposed on "William H. Hepburn for having assaulted Michael Hurley. George Edgar Pengelly (Mr W. Cracroft Wilson) was charged- with having, at Wooleton, on October 22nd, assaulted John Cogar so as to cause him actual bodily harm, After evidence had been heard, the case wae reduced, to one of common assault, to which the accused pleaded guilty, trnd was sentenced to 14 days' imprisonment. CIVIL BUSINESS. Judgment was given for the plaintiff by default in each of the following cases:— New Zealand Farmers' Co-operativa Associfl" tion v. J. O'Neill, £5 18s; Mary Ann Lorgelly v. W. MoDowell, £l2 10s;. H. H. Mugford v. Ernest Smith, £l Os id; F. J). Kesteven v. E. Raasley, £22; same v. J. McDonald, £2O; Mfessey-Harris Company, Ltd. v. J. Donnelly, £3B 17e. Violet James was ordered to pay £3 17fl Bdi to Wyatt Bros. (Mr F. I>. Sargent), on a judgment summons, in default three days' imprisonment, Harvey Goorge Liebert (Mr A. W. Brown) proceeded against Harold li. Clark, claiming £lB 163 6d, on a, judgment summons. No proof of means being shown, no order was made. The Christchurch City Council (Mr H. -H. Loughnan) proceeded against Thomas H. Barker, trustee for tEe South Christchurch Estate Company, Ltd. (Mr T. W. Rowe), claiming the sum of £1 lis Sd in respect of rates due on a piece of property situated in the West Ward (Spreydon). For the defence it was shown that the property was described inoorrcctly on the summons, and also in the rate book. Judgment was given for the defendant, the Magistrate holding that the defendant was not the trustee of the company, but the official liquidator. The summons should have been issued .to the company in liquidation. Annie Rogers made application for a reduction of rent, 30a weekly now being pai3 by her for a tenement, or which John R. Bnmt was the owner. After • hearing tbe evidence, tho Magistrate ordered that tho rent should bo sustained. i IN OTHER PLACES. WELLINGTON CRIMINAL SESSIONS. (PRESS ASSOCIATION- TSIJSQBAV.) WELLINGTON, Ootober 31. In the Supreme Court to-day James Cain pleaded guilty to stealing £4O, and; William Hammingtoa pleaded guilty to indecent assault oni a boy five yeans of ag>e. Both prisoners wero remanded for sentence. Harold' Andrews was found not guilty on a charge of robbery and assault, and was discharged. William Murphy pleaded not guilty to ai charge of stealing 9s from an old' man in an hotel. Ho was acquitted. CHARGE OF ABSCONDING- FROM BAIL. (PRESS ASSOCIATION TELEGRAM.) AUCKLAND, Ootober 31. Phillip McSlanus, with sis aliases, pleaded not guilty and was committed lor trial on a charge of attempting to steal from the person -al tho Auckland Trotting Club's meeting a wallet containing £32, and- ai totaiisator ticket for £5. Evidence was given by Cecil Marsh, leading oook in II .M.S. Philomel, that ho saw accused's hand across witneas'e cheat with a wallet hali out of the pocket. He grabbed him, but the accused bolted and: wae followed by a detective, who arrested him. HoMamie was remanded for » week on a charge of absconding from bail on February 21st, 1910, when ho wae committed ta tho Supreme Court for sentence for theft from the person. CHARGES AGAINST SCHOOLMASTER. (PRESS ASSOCIATION TELEGRAM.) 'IIMARU, October 31. At Temuka, to-day, before Mr E. D- Mosley, S.M., David Thomas Todd, 56, schoolmaster at Clandeboye, w*s charged with carnal knowledge and- four indecent assaults on a school girl between 13 and 14 years of age, and on similar charges in . respect of another girl of the same age, between August Ist and October 6Lb. The criminal assaults, the girls said, took place in a epaTo classroom while tho school was in session, and tho indecent assaults when, the girls wore in class in school. The girls gave clear evidence of the major acts. Accused's precautions prevented direct corroborative evidence, but numerous boya and girls testified to frequent acts of indocciicy towards the girla in class. A medical wit&ew testified that both gifls had been criminally tampered with. After hearing tho evidence one charge ' of indecent aas&ult in each case wa* withi draw - The accused pleaded not guilty, and was committed for trial on each of the nine charges a-t the Supreme Court, Timaru, in February nest. Detective Abbot conducted the case, and Mr W. D. Campbell ap--1 peared for the accused. Bail was fised at sell in £3OO and one surety of £3OO, which ' WW forthcoming.