CRIMINAL SESSIONS OPEN

Evening Post, Volume CV, Issue 108, 8 May 1923, Page 8

CRIMINAL SESSIONS OPEN

THE NEWLANDS CASE

HIS HONOUR'S CHARGE.

The quarterly criminal sessions of the | Supreme Court opened this morning. The I Chief Justice (Sir Robert Stout) presided. The following comprised the Grand Jury:—Andrew M'Kenzie (foreman), Harold Pilcher, Robert Young Walls, William Prouse, Howard Carpenter Foster, Albert Llewellyn Haslam, Charles Herbert Andrews, Ernest Liddle, Herbert Swinton Bird Fletcher, Stanley Eustace Lambert, Philip Bundle, Harry Ernest Combs, Stuart Johns, Charles William Stuart, John Passmore, Arthur Gill, Joseph Godfrey Houldsworth, Arthur Genge Barnett, John Brownlie Reid, Charles Augustus Richardson, Charles Cyril Hawkin, Frank Broderick, Frank Davidson. In his charge to tha Grand Jury, his Honour said that the cases-, with the exception of one, were of the type that usually were heard at the criminal ses- j sions. Four of the charges were of a sexual description, although not severe. Then there were three cases of what might be termed offences against property, including one against a Government officer, who was alleged to have committed a mean theft in stealing money belonging to boys working on a . State farm. There was also a charge of manslaughter against a motorist. This presented very sad features, as the victim, a young boy, had been standing on the footpath when he was struck. It would be for the,motorist to explain how his car came to be on the footpath. His Honour then proceeded to deal with the various cases in detail. He devoted a considerable part of his address at this stage to the case which lie had mentioned as an exception to the general class of charge. A CHARGE OF MURDER. "There is," said his Honour, "one charge against two persons—a charge of murder with very bad surroundings. The fact that such a charge as this is possible \ amongst us is certainly a discredit to our j country. But, of course, we are like j other countries in the world, we have amongst us good people and we have unfortunately amongst us bad people. If the facts are true, as stated in the depositions before you, this is an exceedingly bad case." He detailed the principal points in the evidence against the ac- j cused. They had been asked to produce : and deliver four children who did not belong to them. This they declined to do. Then there was the charge of mus- j der, the charge that they killed .the chil- j dren. The facts were certainly of the grossest, and very sad. His Honour then presented the salient facts of the case such as had been recorded in the hearing j m the Lower Court. The accused were | asked to produce four children. Where j were these children? The accused had said that one had been given vg to the j father on a certain date. The father j produced evidence to show that he was elsewhere at the time. His Honour then turned to the discovery of the first body in a grave 48 feet from the house, where j the male accused resided with his wife, I and in his property. The accused could not give the names of the persons who, he said, were to adopt the child, nor could he produce them. His Honour commented on the fact that the first body was found naked, and the statement of the accused that the people who he said I were to adopt the child wanted to take it without clothes. Next his Honour mentioned the finding of two other bodies and the relation of the male accused with the woman, not his wife, who had borne him two children, neither of whom could be found. The accused said he had given one of these children of his away to be adopted. Where was it? Then there wa« the second child of the accused and this woman. Where was that child? Four chil- j dren were missing and three graves had ■ been found on the property of the ac- \ cused. There was evidence of identity to help the jury in the case of the first child found. It corresponded in sex and complexion to one of the missing children. Then a spade was found on the accused's property, which, apparently, ■' was used to dig one of the graves, for I it fitted the marks. Further, there was no registration of death in regard to any of the children who had died. "There are four missing children at least," said his Honour, "and here are three graves found and one of the bodies found bore some resemblance to one of the missing children." j His Honour referred to other points in the evidence, of the payments to the accused of £50 to look after the children and get them adopted. Part had been paid in the case of one putative father and IOTJ'e had been found among tlie effects of the accused to pay the balance. "That," said his Honour, "is the case. When one comes to read the evidence of what 'happened, one is horrorstruck that such things could be possible amongst our people." In referring more briefly to the case against the female accused, his Honour noted the statement made by the woman in answer to questions: "I have nothing to say." "Is that," Baid his Honour, "the statement of an honest woman? Children of that age," he added, "should appeal to the hardest heart of hardest man and woman in tho world. Yet one child was found buried naked 48 feet away from the house." His Honour was considerably affected in his final remarks to the Grand Jury, which were spoken in a low voice, hardly audible to the rest of the Court. "I do not think it is necessary to say any more," he concluded. TRUE BILLS. True bills were returned in the cases of Arthur Henry Wood (alleged indecent assault), Sydney Albert Arthur (alleged breaking and entering, with intent to j commit a crime), Stuart Brown M'Donald (alleged false declaration), William ! Nott Gooday (alleged indecent assault), Peter M'Pherson (alleged receiving stolen goods), Frederick Maryatt (alleged theft as a servant). The Grand Jury wag still considering other cases when "The Post" went to press. ALLEGED ASSAULT. The first case heard wa3 that against Sydney Albert Arthur, who was charged with breaking and entering the premises of Maria Parkinson, with intent to commit the crime of rape. There were alternative charges of assault with intent to commit rape, and assault, so' as to cause actual bodily harm. The accused pleaded not guilty. Mr. P. S. K. Macassey appeared for the Crown, and the prisoner was represented by Mr. P. W. Jackson. Mr. Isiah Fake .was foreman of the jury. Mr. Macassey said that the Crown hoped to establish beyond doubt that the accusec] had brutally assaulted an old aged pensioner on 17th March last. After describing" the incident as the Crown alleged it had occurred, Mr. Macassey said that Mrs. Parkinson had suffered a fractured rib. Accused, in a statement to the police, ho;d set up an alibi to the efi'sct that he was in a certain cafo at

the time of the alleged assault, but the Crown hoped to break down that story.

(Proceeding.)