SUPREME COURT.

Hawke's Bay Tribune, Volume I, Issue 66, 28 February 1911, Page 1

SUPREME COURT.

NAPIER CRIMINAL SESSIONS.

TUESDAY, FEBRUARY 28.

(Before His Honor Justice Simm.)

The Supreme Court resumed this morning, Justice Simm presiding. The first case taken was that of Arthur Kayrey, charged with carnally knowing a girl under the age of 16. The following jury was sworn: Messrs. F. G. Bailey, A. R. Roced, R. Trenwith, J. Sullivan, J. Moodie, J. Christianson, T. King, J. H. Bickerstaff, ‘W. J. Burton, T. F. Taylor, A. T. Harris, D. J. Briasco, and R. A. Leech. Mr. T. F. Taylor was elected foreman.

Mr. Dolan appeared for uie accused. who pleaded not guilty, and Mr. E. H. Williams for the Crown. Mr. Williams shortly opened for the Crown, pointing out that if the girl were under age, consent was no excuse. Consent was no excuse unless the girl was the same age or older than the man. Accused and the girl went for a bike ride to Frfrnley or some such spot, and it was then that the alleged offence was committed.

The girl concerned said she lived at Otane and was in Hastings J.-is-t. month and met accused ot Lucas' restaurant, with Silvia Truda. She was introduced by Lucas and accused to go for a bike ride. She asked Lucas if sne should go. He replied that it woiM do no harm. They rode past I-rim ley and there she alleged the offence took place. Cross-examined by Mr. Dolan, she admitted she had run away from home four times without cause. She also admitted previous, looseness. She had told accused she was 17.

To Mr. Williams: It was after the offence that she had told him her age.

Medical evidence showed no injury.

The father stated the girl was born in 1896 and was of good character.

E. Farmery gave evidence of hiring the bicycle to accused, who on returning admitted his conduct. Constable Dwyer stated that he had seen accused and the girl ride along Heretaunga street. Detective Butler also gave formal evidence. This concluded the case for the Crown. Mr. Williams did not address the Court. Mr. Dolan spoke briefly. The jury retired after the Judge’s summing up at 12.35. After retirement of an hour and twenty minutes the jury returned a verdict of not guilty and the accused was dismissed.

ALLEGED SHEEP-STEALING AT WAIROA. The trial of Hugh Marshall, in the alleged sheep-stealing case at Wairoa, is now proceeding and is expected to last two days.