LIGHT CRIMINAL CALENDAR

Dominion, Volume 28, Issue 253, 23 July 1935, Page 2

LIGHT CRIMINAL CALENDAR

Wellington Sessions Open SEVERAL BREAKING AND ENTERING CHARGES Eight indictments against nine accused persons were submitted to the grand jury at the opening of the third quarterly sessions of the Wellington Supreme Court yesterday. The Chief Justice (Sir Michael Myers), who presided, said that iu a district of the size of Wellington the grand jury as representing the people might be reasonably satisfied in seeing such a comparatively light calendar.

They might also congratulate themselves that there were no crimes .on the calendar such as happened recently in various other parts of the Dominion. “Of the bills of indictments tliat you will have to consider, there is one against a man for the negligent driving of a motor-ear, causing the death of a pedestrian,” said his Honour iu his charge to the grand jury. “Fortunately, although, no doubt, there have been many motor accidents in the way of collisions and such like since the last quarterly sessions, there is but one criminal charge of this nature on the calendar.

“The particular incident to which this indictment refers, happened at about twenty minutes to eleven on the evening of Slay 6. The person who was killed was a pedestrian walking along Willis Street in a northerly direction in company with others. According to the case for the Crown, as I understand it, the allegation is that as these people were walking along Willis Street a motor-car driven by accused was coming along Lambton Quay at so, it is said, an excessive speed that it managed with difficulty to make the bend, that it ran into a telephone post, that it continued on its course into Willis Street and that some 28 feet, or thereabouts, past tlje corner, it ran into this pedestrian, who, with others, was just about to cross over from one side of tlie street to the other.

Proceeded On Its Way. “According to the evidence, as I understand it, he was but a foot away from the kerb at the time he was run into and killed. The car didn’t stop. It proceeded on its way up Willis Street without stopping, and the name of the driver was not ascertained, and the whereabouts of the car was not ascertained that night at all. That accused didn’t stop to render assistance may be an offence in itself. That is not the offence he is charged with now, but it is relevant to the consideration of the charge that you have to investigate merely to ascertain whether or not there is a prima facie case. I should think, gentlemen, myself that you will have, no difficulty in saying there is.” After dealing with other cases, his Honour said there were two separate indictments against three men who were charged jointly, in one case, with breaking and entering the premises of a shopkeeper at Miramar by name of Furniss. and in the other with breaking and entering the premises of the New Zealand Fisheries Ltd., and in each case either with stealing goods therefrom or with breaking and entering with intent to steal—it really did not matter which. So far as the breaking and entering into Furniss’s was concerned, one of the men had made, so it was said, an admission. If that was so, that in itself would be sufficient to justify the grand jury in saying that he must go for trial. His Honour said he thought he should point out that beyond some evidence of the three men associating together there was, so far as he could see, no evidence against the other two.

“If. gentlemen, you find that is so, that one of the men has made an admission implicating himself, but that there is no evidence against the other two, your proper course would be to find a true bill against the one and no bill against the others,” said his Honour.

Bank Cleik’s Alleged Offences. Referring io charges against a bank clerk of attempting to obtain money by false pretence and forgery, his Honour said that a legal difficulty might arise because the alleged offence, it would appear had been committed in Australia. There was no jurisdiction in New Zealand in respect of offences committed in that country, except in, perhaps, certain exceptional circumstances which probably (lid not exist here. However, if the indictment contained nothing more than charges for offences which appeared to have been committed in Australia, if committed at all, he might recommend the Grand Judy to ignore the bill, but he apprehended that there would in addition be a charge of theft. His Honour then referred to the alleged theft by accused of letters of credit forms, and said that if the Grand Judy considered that a case had been made put under that charge, the best course would probably be to find a true bill on tlie whole indictment and leave the question of jurisdiction in respect of the other charges to be determined when the case went to the trial jury.

The Grand Jury comprised: Charles Nugent Ilarbottle (foreman). Andrew Cathie, Henry Digges Smith, Edwin Ivan Bull, Vallentine Leslie Palmer, William Robertson, John Findlay Duff. Royal George Duncan, Thomas Percy Fotheringham, William Bailey, John Maloney, Robert McLean, Jack William Keith Liddle. Reginald Joseph Booth, Edward Browell, Erie Martin Edwards, Francis Dewhurst, Daniel Rodie, Harold John Tubbs, Frederick William Sellins, James Muut, Samuel Butcher. Thomas Vivian Clendon. True bills were returned in the following cases: — Norman Williams, alleged breaking, entering and theft. Alexander James Churton, alleged breaking, entering and theft. Albert Kearns, alleged attempt to obtain money by a false pretence. Alfred James Jackson, alleged attempt to obtain money by a false pretence.

James Hopkins, alleged aggravated robbery, and alleged assault causing actual bodily harm. Henry Horace Smith, alleged breaking. entering and theft. Henry Horace Smith. William Alexander Millar and Samuel Jamieson McKee, alleged breaking, entering the premises of New Zealand Fisheries. Ltd., and theft. Patrick Thomas Syron, alleged negligent driving a motor vehicle, thereby causing death. No bills were returned in the case of Millar and McKee who were jointly charged with Smith with breaking and entering Furniss’s shop at Miramar.