SUPREME COURT.

Gisborne Times, Volume LI, Issue 5347, 6 December 1919, Page 2

SUPREME COURT.

QUARTERLY SESSION

SHORT CRIMINAL LIST.

The quarterly session of the Supreme Court opened yesterday before His Honor. Mr Justice Chapman.

GRAND JURY

The following grand jury was sworn in : —W. H. Irvine, T. J. Adams, W. H. Chrisp, D. P. Cameron, V. Barker, J. 0. N. Thomas. G. V. Smith, E. T. Dod.lrell, R. M. Birrell, C. G. Piesse, A. 'l' Hookey, I. Mirfield, W. G- McLaurin, G. Witters. P. R. Ball, W. Beecham, T. A. Coleman, W. J. MeDlrikie, A. E. Williams, R. D. B. Robinson, F. 1). Barker, C. J. D. Benner, F. H. Lawton, and T. E. Toneycli( v '.. Mr T. A. Coleman was appointod foreman. lIIS HONOR'S CHARGE. His Honor briefly addressed the jury and said that their duties should only occupy a very short time, and should bo easily disposed of. There were only two bills to go before the jury, and both were of a very simple kind. They were both cases of stealing. In one a woman w'as charged with the theft of a lot of miscellaneous articles, clothing etc. She had access to the place where the goods were, and some had been found in her possession. The case, he thought, was a prima facie one. In the other case the the circumstances were also simple. A man had some bank notes, which he missed, and the circumstances pointed to the accused. He had admitted that he was in possession of the stolen property. The case was, therefore, a simple one. COMMON JURY. The following common jury was sworn in:—J. E. Crawforth, F. G. ->l- - 11. Stevenson, N. A. T. Redstone, H. R. Newitt, A. Hicks, J. K. Nasmith, O. J. M. Alley, A. L. Tliorstonsen, C. Matthews, A. G. Sired, A. Searle, W. H. Vette, J. D. Hay, F. G. Sharp, E. W. J. Stuckey, A. E. Williams. A. D. May, J. limes, T. Craill. E. H. Shelton, J. R. Jones, C. E. Kirk, C. Walker, A. E. Chapman, 1). Kirkpatrick, A. C. Gambrill, H. Symes. F. A. Stitchbury, T. Watson, E- Sharpies. C. Lange, A. M. Coleman, W. E. Krebs, F. F. Furry, C McGranichan (jun). . Ten Maoris were also sworn m lor a special Maori and European jury. The following were the Maoris sworn in : Hone Kiwi, Herewini Te Une, Thomas Swan, Tiemi Ruihi, Ihaka Auahi, Teira Taimnga, Pepi Eaora, Ria Tahameto. Manu Tawhiarangi, Harawira Te TJa. True bills were found by the grand jurv in both cases, King v. Emily Drain, and King v. Peru Aperahama His Honor thanked the grand jury and discharged them. FOR SENTENCE. Pera Aperahama, who had come up for trial, having pleaded not guilty in the lower court, pleaded guilty to a charge of stealing, on November 29, £25, from the person of William Wilson. Prisoner was not represented by counsel, and had nothing to say before sentence was passed. His Honor: You understand English quite well? —Yes. Have you been at an English school ? —Yes; north of Auckland. Mr F. W. Nolan, Crown Prosecutor, said that nothing previously was known against accused. He was a married man, and a returned soldier who had come back suffering; from the effects of gas. His Honor decided to deal with prisoner to-day. NOT GUILTY. A quantity of articles, pillow slips, quilts, towels, and one ruby stone, were concerned in a charge of theft against Emily Drain, the articles being the property of Bertlia Wilcox. Prisoner pleaded not guilty, and Mr L. T. Burnard appeared for the prisoner, who was a young woman. The following jury was empannelled: 0. G. M. Alley (foreman), 11. R. Hewitt, W. E. Vette. N. A. T. Redstone, F. G. Sharp, A. G. Sired, J. E. Crawforth. A. E. Chapman, F. E. Krebs. C. E. Kirk, T. Craill, F. A. Stitchbury. Mr Nolan outlined the facts of thi case. Bertha Wilcox, taxi-cab proprietress, said that accused and her husband were living in her house for about twr months prior to the theft. Mr Drain was driving witness’s car, and they had no home. Early in August witness showed Mrs Drain the content: of the sideboard. There was a piece of black silk there which Mrs Drain wanted to buy, but witness did not sell it. She forgot to lock the sideboard for a couple of days, and then she locked it without looking into it. On October 19 she went to the sideboard and discovered the contents all upset, and the silk was missing. She had missed other things previously, so she then reported the matter to the police. Accused and her husband left the house somewhere about the first week in August. In company with Detective McLeod she visited the house occupied by accused, and found a quilt (produced) which she identified as her own. She also saw pillow slips there, and a ruby stone which witness bad had for 12 years. The stone had been taken to Mr Nasmith, jeweller, for resetting about four years ago. The stone had been missed while Mrs Drain was at her house. She had not sold any of the articles to Mrs Drain, and she had no authority to remove any of them.

In reply to Mr Burnard witness said Mr Drain had met with an accident and smashed a car, so when he left she did not pay his week’s wages. Mr Burnard: When he took employment with Mr McMahon did you not go and tell Mr McMahon about the accident?■—lt was just n general conversation. Mr Burnard: That silk has never been discovered yet?—No. Mr Burnard: Is it not a fact that there are always a number of Maoris in your house?—The Maoris never went into that part of the house. Witness knew that accused had no quilt when she left her house. Mr Burnard: Did you not know that you sold that quilt along with other articles? —No. Mr Burnard: Is this the first time that you have made a charge of theft against a person?—Yes Mr Burnard: Did you not make a charge of theft, which you were subsequently compelled to withdraw? —No. Mr Burnard: Have you never made a statement to anyone that a man had taken some money from you while on a trip?—No. Kenneth Forbes Nasmith, jeweller, said that he recognised the ruby stone which had been brought to him thriee or four years ago. At the present time such a stone was not procurable in New Zealand. It. would probably be procurable outside New Zealand.

Detective McLeod said that on October 21, in company with Constable Butterworth and Mrs Wilcox, he had searched accused's house. He found property thero which was claimed by Mrs Wilcox. He also found the stone, the setting for which was given to him by Mrs Wilcox tho following day. Accused said that the stone had been given to her. This concluded the case for the prosecution.

Ruth Dunning, shop assistant at Adair Bros, store, recently known as the Bon Marche, said she remembered accused coming into the shop and buying 33yds of material for pillow slips. That was sufficient for four pillow slips. Two of the five pillow slips produced were made of material similar to that which she sold. She was not able to say whether they were made from the piece she sold. This closed the case for the defenoe.

Mr Burnard said that the jury would have to be satisfied that the theft had been committed by the young woman, who was apparently friendly with Mrs Wilcox. He asked the jury to weigh the case with considerable care, be-

cause it was a charge which, if proved, showed that accused had defrauded her friend. The jury could not rely on the evidence of Mrs Wilcox, which had not stood the tests. His Honor said the accused was iii the bouse and she had the opportunity. Mr Wilcox had identified. some of the articles. In respect to the stone there was further support of this evidence. The jury retired at 12.10. and returned at' 12.30 p.m., with a verdict, of not guilty. The prisoner was discharged.