SUPREME COURT

Dominion, Volume 11, Issue 36, 6 November 1917, Page 9

SUPREME COURT

CRIMINAL SESSIONS OPENED

HIS HONOUR'S CHARGE

Tho criminal sessions of the Supreme Court opened yesterday before tho Chief Juetioe (Sir llobort iitout). , llr. P. S. K. iluca.sscy appeared tor the Crown.

The following; grand jury was empanelled:—l'raucis floltued (ioreman.), Howrt Wilson, William Kerr, (Jerald '1. Hull, William L. Palmer, Archibald i'orbes, Kavmond Bennett, Edward if. il'Lcan Dyinock, Eobert H. Partriiise, Ernest \\. Hunt, Charles ATDonald, Jack Hoggard, Alfred JS. Donne, Percy Cajneioii, Leslie Freeman, Waller 11. Eixton, William U. Uitedi, Alfred Wilcox, Alfred Smith, Harrv C. Gibbons, John G. A. Castle, Cliaiios Kobert Smith, frank Hodgson. His Honour, in- his charge to llio yraim jury, said that tho list was on this occasion a sliort one. Ho referred lust to the chargo o[ manslaughter broiiglit against tho driver of a raotor-cnr whicli had killed a child in Molcsworth. Street. Tho question in this cose. lVas whether tho car was going at a reasonable speed, and that was for a common jury to decide. There scorned to bo no doubt that the man had done his bcsl to avoid on accident. In another case, it m»n was charged with having forged a will. There seemed to bo no doubt that tire will was forged, and tho question was: who forged it? Expert evidence as to handwriting had been proparod, and the caso was ono that ehould ho sent to a common jury for trial. Three men were charged, continued His Honour, with conspiring to defraud a bookmaker. His Honour referred ;u considerable length to the evidence given in the Lower Court, and commented that tho case against the accused Jl.'Williams was slighter than that against !• itzgcrald. He was eorry that such a row should come before the Court m these times of dire distress, when the Empire flas engaged in a. death-etrnggle. n turaed out that tho accused Fmer had teen in tho habit of putting ot XfiO on races for a day, a.nd on such a salary as Traser was drawing thn tning was absurd. What could be tho end of us as a community with this eort of g*mWing going on among our railway airrants? It was a bad thing for I«w Zealand that such a thing should be happening, and that as a community, we should not aim to put it down, especialljwhen so many families were mourning the lose of relatives at tho front. The case in which a man was indicted under the Official Secrete Act was the first of the iind that had been brought in New Zealand. The accused had been a member of the crew of a certain vessel, and while engaged in cleaning , out the chart-room he had taken out of a drawer a, book containing tho courso ot tho vessel, aiid had made a copy of the course. Ho said that ho had doao so only to settle an ■ argument that was going on in the forecastle, but on his own admission he had done what was contrary to law. Jt wflS rather etrango, commented His Honour, that the accused should have made a written copy, and the question, was: Why did ha do Truo bills were found in tho cases of John Edward Fitzgerald, Frederick Campbell Eraser, and John M'Williams (alleged conspiracy' to defraud); Nicholas Currau (alleged indecent assault); James D'Conaeli ■ (alleged theft from 116 person); Eoljert irwiu 'Aleaclem (alleged, forging and uttering); Thomas Aquinaco Murphy (alleged carnal knowledge); George Skono (alleged breach of Ofncial SecreU Act); Henry Alexander Lucae and Violet liucßS (alleged receiving stolen goods); George Harris (alleged forging and uttering of a will). ■ ■No'bill-was found m tho case of Percy "WitTieie, who was charged with manslaughter. INDECENCY. .Nicholas Curron was arraigned on four charges of having committed indecent Beeaulm upon males. Mr. H. ]f. O'Leary appearod for tho prisoner, who was formerly a fireman on the e.e. Port Kombla. Tho prisoner stated in tho witness-box that ho had been drinking heavily up to and on the date of his furest. He did not remember committing tho. 01tences with, which lie-was charged, and he could not behove that he committed them- ■ • • • . ■ . His Honour, in Bumming up, said that the cliio was. by no means one of tho worst that came before tho Court of assaulting boys. ■ On one tit the charges at least, the prisoner should, 111 ;lu» Honour's opinion, be fouail not guilty. It was open to the jury, so far as tho other throe charges wero concerned, to liud the prisoner (if they thought nt) "uilty of tho lesser offence oJ "milcccncy with intent .to insult or annoy.' ■■ Tho ■ Jury retired at 2.55 p.m. and rcIvrned at S.lo with a verdict that the prisoner was guilty' of committing an indecent act, with intent to insult and al Curran was remanded till Thursday morning for eentenoo. ,

THEFT FROM THE. PERSON

James O'Connoll, for whom Mr. Cornish appeared, pleaded guilty to a charge of stealing M from tho person <st ono William Senior. , . . Mr. Cornish said that the prisoner had no remembrance of committing tho oifence, as he was very drunk nt, tne time. Thcro was only one previous conviction against Ihim, and the oftence which led to that was also due to alcohol. Counsel suggested that the prisoner be. admitted to probation., .„,„.„ ■His Honour, an remanding 0 tonliOU tb'TliuMuay, said that.he would cosBider the application. 'The.pohco report showed'that the.mau had Home » good character, but unfortunatelytowu one of-the victims of our social habits. .Uβ fact that the-prisoner had pleaded guuty would be taken into consideration.

TJTTEBING FORGED CHEQTjES. Rotort Irwin, Meaclem. pleaded guilty to cTTarges of uttering tlireo ioreed chevies, drawn ou tlio Bank of *mt Zealand, Tβ Aro, for amounts ol £tt, Ml, and '.CIS , respectively.' . . His Honour remanded the prisoner tilt Thursday, and observed that there wer.e no less than twelve previous convections n'gainst him.

. OFFENCE AGAINST YOUNG GIRL. Thomas Aqtiinace Mnrplijr vas indicted ' on ttoe cointe of carnally knowing a xFsor girl of the age of 15 years and 0 months. Mr. H. F. Oleni?: defended. ' The jury found the prisoner t,nu strongly recominended that be be shown niorcy. ■ ■ , ■ Sentence was deferred till l!mr=JnT. • The Court adjouniwl till 10 a.m. to-day.