CRIMINAL SITTINGS

Evening Star, Issue 20322, 2 November 1929, Page 12

CRIMINAL SITTINGS

TOMAHAWK GRIB EPISODES ACQUITTAL W BOTH CASES Throughout yesterday the Supreme Court was engaged in hearing charges of carnal knowledge and indecent assault alleged to have been committed in a crib at Tomahawk. Hemi Wiwi Notini, otherwise known as Dick M'Naughton, or Naughton, was charged with, on June 6, at Tomahawk, unlawfully carnally knowing a girl over the age of twelve years and under the age of sixteen years. On a second count he was charged with indecently assaulting the girl. The accused, who was defended by Mr E. J. Anderson, pleaded not guilty. In this case, the facts of which were published yesterday, the jury retired a tew minutes after noon and returned at 5.25 with a verdict of not guilty. Cyril Patrick Lawless pleaded not guilty to four charges of carnal knowledge and four counts, alternatively, of indecent assault on two females at Tomahawk on June 4 and 6. He was defended by Mr A. C. Neill, instructed by Mr White. This case was heard in the afternoon, the evidence of the three girls being to the effect that on several occasions, accompanied by three men, they went to the crib by motor. They took liquor and pies with them. Cross-examined by Mr Neill the girls varied their statements from those made in the lower court.

Mr Neill, addressing the jury, submitted that the evidence for the prosecution -was full of inconsistencies. They could not be satisfied with it. All the statements of the girls were unconvincing and contradictory. Counsel also pointed out that under the law it was a sufficient defence in a case of this kind if it was made to appear that the accused was under the ago of twentyone years and had reasonable cause to believe that the girl was over the age of sixteen years at the date of the commission of the offence, and it was for the jury to deduce the fact whether the accused could reasonably deem the girls to be over the age of sixteen. The Crown Prosecutor said that in order to take advantage of the provision in the Act the accused must satisfy the jury that he had reasonable cause to believe that the girl was over sixteen. Even if the jury found there was reasonable cause on his part to believe the girl was over sixteen, reasonable cause was not enough, because the accused must satisfy the jury that in fact he did so believe. If the accused came forward with a defence of this kind he must establish his defence. Had the accused made any attempt to prove that he believed tho girl was over sixteen years of age? His Honour, in summing up, said that if the inconsistencies were only what one might expect from even truthful witnesses they might be disregarded by the jury. The jury retired at 5.22 and returned at 5.45 with a verdict of not guilty. In the case of Theobold Matthew Stephen Lawless, who is to bo charged with carnal knowledge of a girl under the age of sixteen years, Mr Adams said there was medical evidence that Lawless was not fit to attend for trial, and he asked that the indictment should be held over until next session. His Honour adjourned the case until the next sitting of the court.