MIXED ARRAY OF CASES

Dominion, Volume 34, Issue 111, 4 February 1941, Page 8

MIXED ARRAY OF CASES

Supreme Court Sessions

JUDGE’S CHARGE TO THE GRAND JURY

There were ID bills of indictment to consider, and on the whole the grand jury would not have a very difficult task, said Mr. Justice Johnston in bis charge to the grand jury at the opening of the quarterly criminal sessions of the .Supreme Court, Wellington, yesterday. His Honour said there was a mixed array of crime with no particular class of crime outstanding. With the exception of two major indictments the cases were classes of crime that were generally featured in the criminal sessions of all centres, and in those cases there would be the usual class of evidence on which the jury should not have much difficulty in returning true bills.

The remaining two indictments were botli major, though differing entirely in character, the judge said. One was an indictment for murder against a woman for allegedly murdering her husband. No charge, could be more important than that and from the grand jury’s view-point there would bo no difficulty in returning a true bill. Then there was a new crime of great importance which was sent to a jury, a chaiye of holding and distributing or facilitating the distribution of subversive literature, and there again there would be no difficulty.

Returning to this case after reviewing the other bills of indictment, his Honour said:

“You will notice that in this country, whether one is at war or not, matters Tike this that would in most countries be determined out of hand and action for which people would be shot without trial, were entrusted to a jury, and in each case the jury has to say whether the conduct alleged has been subversive of the war effort or not.” On the first count a man named Edward Harrison was charged with having in his possession three copies of a booklet “Peace and Socialism,” by G. Dimitrov, with a view to facilitating the publication of a subversive statement. The second count was that he had in his possession six copies of the “Tribune,”'with a view to facilitating the publication of a subversive statement. ’ Question for Jury. The real question for the grand jury was not whether the publications contained subversive statements but whether they contained statements that ft jury might consider subversive. The grand jury would find in them ample evidence that the authors were attempting to show that this war was an imperialist, reactionary war against the people’s interest, which they advised people to keep out of. There was an obvious attempt throughout to create class hatred and class prejudice on the assumption, his Honour supposed, that there were classes in New Zealand. Considering the task that lay ahead of the Dominion, as of every other British community, that was a very serious crime and must affect the effort of those who had to go to the war and who were going to the war, and it was treason to all those who were at the war. Therefore his Honour thought the grand jury would find that in this case it must send it to the jury. The following were empanelled as the grand juryßonald Arthur Commet ti (foreman), Herbert Raymond Angell, Ralph Edward Bindley, James Hamilton Drake, Frank Herbert Fitt, William Allen 1 Fraser, Thomas Harle Giles, Leslie Clarence Hendren, Arthur Townley Jackman, Edgar William Lewis, Ronald Arthur Lock, Harold Percival Neville Martin, James Thomas Martin, Robert O’Shea, John Pickard, Robert Hamilton Reaney, Nelson Sutton. True bills were returned in all the indictments as follow: —

Leo Sylvester Hannan, labourer, alleged breaking, entering and theft. Walter Deppen, tool-maker, alleged indecent assault on a female (three charges). Frederick Edward Caley, plumber, alleged receiving of stolen property (six charges). Patrick Lynch, ship’s foreman, alleged breaking and entering with intent and alleged being in possession of offensive weapons with intent to break and enter.

William Mcßeynolds, ship's fireman, alleged breaking and entering.

Edward Harrison, seaman and porter, alleged intent to facilitate publication of subversive statements. Leonard Coffey, labourer, alleged indecent act.

Anthony Hoggard, merchant, alleged false pretences. Jean Laurentine, married woman, alleged murder. Leonard Stewart, manager, alleged negligent driving, causing death and alleged failure to stop after accident. Gordon Frederick Millar, motordriver and David Hugh Millar, clerk, alleged unlawful conversion of motorcar and alleged mischief. RECEIVING CHARGES FAIL Charged on six counts with receiving stolen property, Frederick Edward Caley, plumber, stood trial before Mr. Justice Johnston and a jury in the Supreme Court. Wellington, yesterday. Mr. C. H. Weston, K.C., with him Mr. W. D. Birks, conducted the prosecution, and Mr. 11. Mitchell appeared for Caley. After a retirement of approximately an hour the jury returned a verdict of not guilty on all counts. Accused was discharged.