SUPREME COURT SITTINGS.

Dominion, Volume 2, Issue 504, 11 May 1909, Page 2

SUPREME COURT SITTINGS.

A CHARGE OP-. MURDER. (BV TEL"EGEA Til —I'ft ESS ASSOCIATION.) ' I Christchurch, May 10. The criminal sessions opened to-day. Mr. Justice Denniston commented 011 tho large number of cases, but considered that the district could bo complimented on the absence of serious crime. He was glad to note a coil-, sidorable diminution of sexual cripies in this aild other districts. Referring to the charge of murder against William Connelly, his Honour said it arose out of tho Westport murder case, a Case with which the grand jury wcro 110 doubt acquainted. Undoubtedly a man had been douc to death, and tlioy were aware, or most of thein were aware, tliat two men liad been tried in Kelson oil a charge of murder, and that tho evidence given was to a large extent that of tho man Connelly, jlwo men had been convicted of and subsequently Connelly was charged in Westport and tried in Hokitika for perjury for having falsely given evidence that inculpated two "men. Tho jury had convicted .Connelly; who had afterwards made a statementin which lie practically admitted that his story was false,'and that he "(Connelly) alone was present and did the man to death. In these circumstances, although the case presented many matters of interest ahd importance which required to be tried .before a jury, it was not necessary for tho gland jury to trouble themselves with the''details, of 'the case. It was sufficient for them that Con-, nelly admitted that 110 was present and was taking a slight'part in tho transaction; that alono would justify thorn in putting Connelly on his trial for manslaughter. When, in addition, they had his statement, made after his trial for perjury, in "which lie admitted that 110 was alone.there, then, ill his Honour's opinion, that was sufficient ground for them to find a true bill on a charge of murder. Whon a man was killed in the circumstances that tho man in this case' was killed, and when there was no suggestion of accident, it lay upon -accused to satisfy tho jury that the crime committed was less than murder. His itohour wished them to-understand that his remarks only applied'to the grand jury finding a.prima facie case. Accused's admissions were llot. proof of his guilt. Ho might have ail explanation of the matter. NeitlWf the finding of a tino bill nor UlO remarks wade by his Honour would preclude the Court or the jury "from finding that accused's statements in tho matter were untrue. His Honour's remarks were intended, lib added) to justify fho grand jury to lind a tl-ue bill without going' into tho -whole case, which was; very complicated and very(elaborate; and so long as the grand jury, were satisfied after -examining - one or two! W'it-' nesSes tliat there was a prime facio case tlifcy did not need to go into all < ; . ■ Subsequently tho grand jury found n true hill in the murder- case, but threw out . two of tho Other fifteen bills.