THREE CRIMINAL CASES

Evening Star, Issue 26087, 29 April 1947, Page 6

THREE CRIMINAL CASES

SUPREME COURT SESSIONS NO BILL IN ONE INDICTMENT “ The list of charges for your consideration, as so often appears to be the case in this centre, comprises various counts of alleged dishonesty, and there is also one involving an alleged sexual crime,” 6aid Mr Justice Kennedy, in his charge to the grand jury at the quarterly sessions of the Supreme Court, which were commenced this morning. His Honour proceeded to outline the circumstances of the three separate charges of dishonesty. One referred to the breaking and entering of a dwelling house and ?,ie theft of goods. There was another charge against a man of breaking and entering a, house and stealing bank drafts and othej valuables from the three occupiers of the house. The evidence iu this case would go to show that the drafts were issued on the Bank of New Zealand, and were payable in China. The occupiers of the house when it was ransacked were working in a field. Evidence would be given that-a man was seen in the vicinity of the house on the day of the crime, and that a month later lie attempted to dispose of the bank drafts in another part of the country. Another man, His Honour said,was charged' with stealing a miscellaneous collection of articles, and it was alleged that another accused stole a motor car jack. The evidence would show that the jack was lent and not returned. If it was disclosed that the jack was passed over to another person with the connivance of the employee of the owner of the jack then a true bill might be returned. Finally, a man was charged with attempted rape. His Honour said he need not outline the evidence to the grand jury, and added that if the evidence was on the same lines to that given in the lower court then no doubt a true bill would be returned. GRAND JURY. The following grand jury was empanelled:—George Stratton (foreman), William Dalglish, Robert Barniston Dick, William James Dowsett, Jshn Elvidge; Charles Feildwick, Arthur Vincent Gain, Alexander Charles Gibson, Hector William Robert Harvey, Henry Hemsley, Stanley Blackburn Jeffs," James Ernest Kerr Lambourne, Herbert Edgar Lyon, Herbert Francis MacKenzie, .Tack Milne, Anderson McLintock, Charles Penman. Donald McGregor Reid, Hedley Roy Thompson, and William Thomson. NO BILL RETURNED. The grand jury returned a no bill, in a charge against Charles Percival Robert McCreath of theft, and accordingly the accused had no case to answer against him. TRUE BILLS. True bills were returned against the following accused persons:— Raymond Hanna Lavender, alleged theft from a dwelling. Wong Wai Fai, alleged breaking and entering a dwelling by day and theft therein. William Albert Harrington, alleged attempted rape. ALLEGED ATTEMPTED RAPE. The trial was commenced of William Albert Harrington, aged 43, a farmer, of A watea, near Owaka. The accused was charged that on or about March 20, 1947, he assaulted a woman with intent to commit rape. There were also charges against the accused of indecent assault and common assault. iMr j. B. Deaker represented the Crown, and Mr W. H. Carson defended the accused.’ The three charges arose from the same set of circumstances, said Mr Deaker, opening the case for the Crown. These charges would be treated as 'alternative. It was not alleged that rape was actually committed. Attempted rape was a very serious crime, and the evidence in this case was of a somewhat unsavoury nature. The person who was alleged to be the victim was nearly 70 years of age and was the mother-in-law of the accused. In a case of this nature the victim was usually a much younger person. The facts of this case were that on March 20 the woman was alone on her farm in the Owaka district from 8 a.m. until early in the afternoon. Her son and grandson had left the homestead and gone a mile away to do farm work. She went to lie down in the living room after-lunch, the time being about 1.30 p.m. She felt asleep, and she awakened to find the accused in the' room. He grabbed her by the wrists and committed the alleged offence. She resisted, and lie did not succeed. The woman called for help, and the - accused told hei that her son was miles away. The accused grabbed a chair and held it over her, and told her what he would do if she told the accused’s wife. The victim said she would tell the police, but she did not immediately go for assistance. The son returned to the farm at 5.30 p.m., and she told her sou of the occurrence. This witness would describe the state of the iviiig room. Medical evidence would be given that- tlse woman’s condition was consistent with attempted rape. Evidence .for the Crown was given* by the woman and her son, who both said that before the alleged crime they had both been on good terms with the accused. The Crown ea'e closed with evidence by Dr H. M. Johnson, formerly of Owaka, and De--e-rivo C. G. Evans, who arrested die accused on March 21. CASE FOR DEFENCE. Opening the case for the defence, Mr Carson said that medical evidence would be given that the accused was an epileptic, and that at the time he committed the alleged crime he was in a post-epileptic state, which rendered him incapable of appreciating what he was doing or the degree of criminality of an act. Dr A. S. Moody gave evidence that he had medically examined the accused twice in the past fortnight, the second time ,in the presence of Dr Palmer. Harrington had said he could not remember committing the alleged crime, and at first witness was of the opinion that he was attempting to cloak his actions. However, after further consideration of the accused’s history, witness reached the conclusion that he was subject to “ spells,” or fits, the causation of which could not be determined. “ After consideration of the medical history of the accused, I am of the opinion that lie is an epileptic,” snid Dr Moody. “lam of the opinion that.he did not realise the nature and quality of his actions when lie was alleged to have committed the crime.” The case was continued this afternoon.