SUPREME COURT

Dominion, Volume 10, Issue 3003, 14 February 1917, Page 11

SUPREME COURT

CRIMINAL SESSIONS

GRAVE ALLEGATIONS

la tho Supremo Court yesterday, the case was resumed in which Charles ilcndorson was arraigned on :i chargo of having, with intent, done bodily harm to William Fitzgerald. Other counts in tho indictment alleged assault in a minor degree. Mr. V. R. Meredith conducted tho prosecution, and Air.. P. W. Jackson the dcfencc. May Henderson, wifo of tho accused, said she invited Constablo Fitzgerald (when she first met him on tho evening of December 19) to go to her houso and see, how spotlessly clean it was. Fitzgerald replied that he had to moot the sergeant first. Witness went home, and in a few minutes Fitzgerald followed. Tho constablo entered, and was invited to sit down oil the sofa. Witness also sat down, and, after somo conversation, consented to impropriety. Henderson entered arid attacked tho constable. Witness had made a statement to Detective-Sergeant Lewis regarding, the affair, but that statement was untrue. In making it she had tried to hide her shame and also to protect the . constable. • While Fitzgerald was in- the Hospital witness went to see him, and told him she was going to deny that ho' had had improper relations With her. He said ho was very glad to "hear'her say so, and hoped she would stick' to ! the statement. She promised t'o do so. Subsequently she had to go into tho Hospital herself for a serious operation She had been given ■up by three doctors in Wellington. Constable Fitzgerald visited her in the Hospital. She told him she had to go under an' operation, and did-not think she would pull through. She said she had seen, her husband previously, had told tho latter ; the' truth, and would have to say that she and the constable had misconducted themselves. Fitzgerald expressed a'liope that witness would not do so. He said lie had plenty of money, and would see her right for life. Further, he said .tliat witness was very foolish to live with a man like Henderson, when sho could earn her living as a certificated nurse. His Honour: You say you told your husband the truth. When did you tell him the truthP —Witness: "When ho visited me in the Hospital." How long .was lie there? —"He may have been there , with mo 1 an hour and a half." Did you ./tell him tho whole truth then?—" Yes. I had not teen through mv operation at that time.". In answer to further questions, witness said:, "I gave evidence beforo tho Magistrate in the Hospital after my operation. I would have kept to the first statement I had made to shield myself, but, being in a dying condition, I had to speak the truth. lam speaking tho truth-to-day, and-nothing but' the truth. ■ ■

His Honour: It was before tho operation that-you told the constable you had told your husband tho truth?— Witness:'"Yes."

Mr. Meredith cross-examined the witness at some length. In tho course of his examination ho said to lier: You invited Fitzgerald in to look at tho houso because you thought, in the coming trouble with your husband, that ho might make allegations against you that you wore not a good housewife?— Witness : "I wanted tho constable to testify that ovorything was as it.should be." That was all that was in your mind whon the constable went into tho houso? —"Purely and simply." Fitzgerald had a look at the rooms ?— "Yes." How long ; did that take ?—"About a V- couple of minutes." Sergeant Wade was called by Sir. Meredith, and stated what ho knew of r Constable Fitzgerald's movoments on tho night of December 19. Counsel addressed the jury before the luncheon adjournment. . His Honour, in summing up, said' , that it was ono thing to justify an. act and another to excuse or mitigato it or show that'thero were; circumstances of provocation. Tho first question was whether Henderson's act was justified, and, according to law, 'it was not. Nevertheless, if Henderson's story were true, there was a great deal of provocation. The case had really developed, unfortunately from one point of view, into an inquiry regarding the conduct of a policeman.' Tho constable said ho was indiscreet in. going into tho , house, but if' he was indiscrcot, that did not destroy tho value of his testimony. According to the woman, how--10 ever, lio. was more than indiscreet. She ~ said ho was invited inside, and what •tho woman had in her mind, in inviting him was for the jury to consider. Tho jury might or might not beliove that a virtuous British, matron invited a man- inside her house to see tho stato of it, and within, four minutes fell to his seductions. That was Mrs. Henderson's story. ; Tho constable's story was open to criticism on several grounds, and the jury had to consider whetherho had really explained his entering the houso and also whethor it was necessary to go in and sit on the sofa in order to eoo the state in whioh the house was. They had further to consider tho statement made by Fitzgerald when tho police arrived, that thcro had been a row in which ho had interfered. There were contradictions between the ovidonco of tho accused and liis wife, among these being tho conflict between tho former's statement that ho had no tea on December 19, and the lattor's assertion that ho had. His Honour proceeded to. refer to further instances of a .similar nature. In conclusion he stated tho various points tho jury had to decide. Tho jury retired at 2.35. Tho jury returned at 9 p.m. and reported a disagreement. His' Honour ordered the case to ho retried to-day. CHARGE OF ASSAULT. Gorsliouni Simmons, whoso trial was commenced last week but was postponed owing to the indisposition of a juryman, again appeared on charges of having,- with' intent, done bodily harm to John Marshall and Reginald Piorro. Mr. Meredith prosecuted, and Mr. H; F. O'Leary appeared for tho accused, who is a negro. . ho Crown case was as published last week. Tho charges aroso out of a fracas which took placo aboard tho s.s. Kaikoura on October 14 last. After tho evidence of a number of witnesses had been heard, tlio case wag ' adjourned till 10 a.m. to-day. CIVIL FIXTURES. In _ tho Supremo Court yesterday J morning, His Honour Mr. Justico Chapman settled some of the civil fixtures. Tho casos were set down for hearing as follow:— February 16 (before a jury of 12): Richard Wright v. N.Z. Shipping Co., claim for £501. ' February 17 (beforo a jury of 12): Williatji James Huston v. James Mount Stephen, claim for £501 damages. February 26 (beforo a special jury of [ 12): Benjamin Lewis v. P. Hayman and Co., claim for £900 for alleged breach of contract, and' counter-claim for £262 for moneys alleged to havo been received. IN DIVORCE. • Tho hearing of divorce cases before a common jury of 12 will take placo as under:— February 15: John Henry Pearson v. Dorothy Pearson and Harry .Wiggins;

ll.iyniond Victor liytholl v. Meeta Amelia liy tlioll and Edward Alfred 13aker. At 9.30 a.m. on Friday, His Honour will fix for hearing such cases as will bo tried before a Judge alone. OTAGO SESSIONS. By Telegraph—.Press -Association. Qunedin, February 13. At tlio Supreme Court to-day Jane Hughes and Ethel Edie pleaded guilty to a cliargo of procuring abortion, and to using an illegal instrument for that purposo. Each of the accused was sentenced to six months' imprisonment on each charge, tlio sentences to bo concurrent. Thomas Tait Hampden was convicted on a charge of forgery by signing a name, "A. Parkes," to a letter sent'by him to the editor of the "'Otago Daily Times," but tlio jury recommended leniency. The accused was ordered to pay expenses, which amounted to £9. John, Blalto (76 years of age) and John Kean pleaded guilty to a charge of attempting to supply a noxious thing to Ruby Blake. Both were ordered to coino up for sentence when called on, and each was ordered to pay £8 7s. Robert M'Leod, for indccently assaulting two'littlo girls, was sentenced to two years' imprisonment, on each charge, the sentences to be cumulative, and commence at the end of the •sentence of 21 months he is now serving for issuing valueless cheques. Jean Tobin, for the theft of £5 from, the person, was admitted to probation for threo years, and ordered to pay £9 10s. towards the cost of the prosecution. "NOT FIT TO BE AT LARGE By Tei.-wipii—Pwss Association. Chrlstchuroh, February 13. At the Supreme Court to-day. John Honry Theodore Attowill, aged 20 years, was found guilty of attempted carnal knowledge. His Honour, Sir John Dienniston, eaid that accusod was of a low typo of character, and unfit to be at largo. Judges of tho Dominion looked on tho punishment of such cases not merely as r a penalty, but a protection to society. Accused was sentenced to threo months in gaol. 1 "William Spindler was found guilty of assault and causing actual bodily harm. A SERIOUS OFFENCE Wanganui, February 10. .! At tho Supreme Court to-day Ricliard | Patrick Pollard, one time staff ser-geant-major at Hawera, was found, guilty of using an instrument for an illegal operation, as a result of which tho girl died. This was accused's trial. Sentence was postponed until Friday.