SUPREME COURT

Dominion, Volume 26, Issue 184, 2 May 1933, Page 3

SUPREME COURT

Criminal Sessions Open FAIRLY LENGTHY LIST Address to Grand Jury Before Mr. Justice Blair, the second quarterly criminal sessions opened at the Supreme Court, "Wellington, yesterday. His Honour, in his charge to the grand jury, said he was sorry that the list was rather larger than usual, and commented on the comparative absence of crimes of a sexual nature. The grand jury returned true bills in all cases save one, that in which Alfred Janies Bartlett was charged with obtaining goods by false pretences from the Wellington Hospital Board. 'The grand jury was sworn as follows: John Thomas Martin (foreman), Walter Harry ' Long, Alexander Perter Reid. Joseph Howell Ashbridge, Harvey Richardson Thomas. Eustace Neville Cavaye, Thomas Scott, George Williamson Rock, John Morris Gluhihs, Wilfred John Gray, Sydney Alexander Johnson, Harold Anthony Beauchamp, Hugh Robert Oakley Caldwell, Samuel John Pilgrim, Harry Arthur Shepherd, Albert Walker, Harold William Osborn, Wilfred Graham Morpeth, Robt. Hugh Davidson Nichol, Ernest Horton Picot, Thomas William Page, Jack Huia Mills, William Edmund Jackson. No Cases of Personal Violence. A great many of the cases were of a common type, his Honour said in his charge. Fortunately none was ot a very gross or dangerous character. The list was entirely wanting many cases involving personal violence. The great majority of cases involved dishonesty or breaking and entering, and the list was cornparatviely free from cases of a sexual nature. His Honour reminded the grand jury that it was no part of its business to try the cases before it; it had only to see whether there was a case to try. In some of the cases, certain defences were raised. The jury should not trouble itself so far as these defences were concerned; it had to see if it was proper that a case should be sent for trial before a common jury. There were only two cases of a sexual nature, one being a charge of unlawfully carnally knowing a girl under the age of 16 years, and one in which a man was charged with indecently exposing himself to school girls passing through Hataitai tunnel. The question of the identity of accused would be raised by the defence. Four cases Involved breaking and entering. The great majority of burglars had the habit of carrying on business without notifying anyone that they were going to conduct operations, so that it was very rare that there was anyone who saw a burglar actually doing his job, his Honour said. The evidence consisted of proof of the possession by the accused persons of a portion of the stolen property. The jury would find that as far as some of the eases were concerned, that would be the nature of the evidence offered. It was proper to refer cases with such evidence to the common jury for trial. False Pretences Charges.

His Honour referred to charges preferred against three members of a family named Bartlett of obtaining relief by false pretences from the ’Wellington Hospital Board. He explained that in the Police Court, the members of the family were charged under the Police Offences Act, which constituted persons rogues and vagabonds who obtained relief from benevolent societies by false pretences. But the period of time, six months, under wbicli proceedings must be brought had elapsed, and in the Supreme Court they were indicted with false pretences pure and simple. There was some difficulty in the case of the father, Alfred James Bartlett, for although false representations had been made, there was some doubt that he actually made them. Two cases were mentioned as being unusual ones, namely, one in which two men, John Charles Cannon and John Alexander Paton Sissons, relief workers, were charged with conspiracy to defraud, and one in which Ernest Matthiei/ Finlayson and Richard Rowland Gould appeared on charges of false pretences and forgery respectively in regard to a company floated,'Concessions Ltd. The list, his Honour added, was completed with three charges of thefts. True Bills Found. ..T 110 . i ur V> after retirement, found true bills in the following cases, the charm being stated in each instance:— IV in. Stevens Goodcr Kirk, indecent, assault, at Wellington. Henry Martin Murphy, unlawfully

carnally knowing a girl under 16 years, at Wellington. John Mintern Pauli, breaking and entering and theft at Wellington. John Broit, theft at Wellington. . Percy Walter Lovell, attempted breaking and entering by night, with intent to commit a crime. Mona Bartlett and Keith Bartlett, false pretences, at Wellington. John Charles Cannon and John Alexander Paton Sissons, conspiracy to defraud his Majesty the King, and four charges of forgery at Wellington. John Edwin Rupert Ray, theft, at Masterton. John Joseph McClintock, breaking, entering and theft, at Petonc. Ernest Matthieu .Finlayson, obtaining money by false pretences at Wellington. Richard Rowland Gould, forgery, at Wellington. Philip Gordon Brazier and George Albert Edwards, theft at ■Wellington. James Andrews, indecent exposure (four charges) at Wellington. Hugh Rupert Austin, breaking, entering, and theft (three charges) at 'Wellington. No bill was found in the of Alfred James'Bartlett, charged with having obtained goods by false pretences at Wellington. Housebreaking Charge Fails, Strongly protesting his innocence. Percy Walter Lovell, single, aged 24. was found not guilty by a common jury when he appeared on a charge of attempted breaking and entering by night the Victory Boarding-house, 54 Cambridge Terrace. with intent to commit a crime. Lovell, who was not represented by .counsel, affirmed bis innocence, stating he was drunk when the crime was alleged to have been committed. Tie. Crown Prosecutor, Mr. P. S. K. Macassey. said that the proprietor of the boarding-liouse. Mr. Henry Lees, heard a window being interfered with in the early morning of March 11. lie arose and saw a man whom be identified as accused standing outside. Lees said he would give accused in charge, but the latter walked away up College Street. He was followed by a man named Orange, and was accosted and taken in charge at the Mount Cook Police Station. No evidence was called for the defence, and following the verdict, prisoner was discharged. Reconnncnded to Mercy. A verdict of guilty, with a strong recommendation to mercy, was found ny the jury in the ease in which Henry Martin Murphy, linotype operator, aged 24, was charged with unlawfully carnally knowing a girl under the age of 16 years. Prisoner was remanded for sentence. Theft at Masterton. Pleading guilty to a charge of theft at Masterton. John Edwin Rupert Ray was admitted to probation for a period not exceeding twelve months. Received Stolen Goods. John Mintern Pauli, pleading guilty. Io n charge of receiving stolen goods at. Wellington, was remanded for sentence.