SERIOUS CHARGES

Gisborne Herald, Volume LXVII, Issue 20184, 29 February 1940, Page 7

SERIOUS CHARGES

WHANGARA MAORI SUPREME COURT TRIAL GUILTY on both counts Evidence on two charges of attempted carnal knowledge was brought before Mr. Juslicc Callan and jury in the Supreme Court in Gisborne to-day against Ngarue Haapu (Mr. M. R. .Maude), the alleged offences being committed at Whangara. The following jury was empanelled: —William G. F. Bignell, foreman, Eric A. Muis, Robert Elliott, William R. Garbctt, William O’Donnell, Henry H. Salmon, Leicester L. Mawson, Allan J. C. Webster,. John J. Hartley, George Coker, Archibald S. McColl. and Ronald G. Clare. The Crown prosecutor, Mr. F. W. Nolan, said that the accused admitted misconduct with the girl, but in view of the medical evidence the accused was charged merely with attempted carnal knowledge. The evidence showed that the girl went to bed one evening, her married sister, with whom she was living, being absent from home. Later the accused came through the. window, and got into bed with her. Both of them fell asleep, and were awakened on the return of the girl's r sister. The girl stated that another offence had occurred about a week previously. Evidence was given by Dr. R. M. Gunn, by the girl against whom the offences were alleged, by a married sister of the girl, and by Constable Bradley, Tolaga Bay. The girl’s sister gave the girl’s age as under 15

years. The constable read a statement made by the accused, who said the girl gave her age as 17 years. To Mr. Maude, the constable said that the accused had enlisted for service, and had been called up to go into camp. This closed the case for the Crown. Case for the Defence Mr. Maude stated that the accused was under 21 years of age, and he believed the girl to be over 10 years. The accused gave evidence to support this. Hcni Maku Haapu, mother of the accused, gave evidence of the age of the accused. His Honour in summing up after the addresses of counsel and the Crown prosecutor, warned the jury against allowing its sympathy with the accused in having enlisted and having had an excellent character to interfere with their decision. The jury returned shortly before 1 p.m. The jury returned after a short retirement with a verdict of guilty on both counts, with a strong recommendation for mercy, as the jury considered that the girl was a consenting party. His Honour agreed with the jury s recommendation, which, he said, would be given full consideration. The accused was remanded for sentence until 5 p.m.