FOUND GUILTY.

Manawatu Standard, Volume XLVIII, Issue 136, 9 May 1928, Page 2

FOUND GUILTY.

SERIOUS CHARGE AGAINST YOUNG MAN.

LEGAL POINT MAY BE SUBJECT OF APPEAL.

Before Mr Justice Ostler and a jury of 12, William Alfred To Mokina Walden was arrainged at the Supremo Court yesterday afternoon on a charge alleging a serious offence against a 15-ycar-old girl at Ivairanga in' September last. Pleading not guilty, accused was represented by Dir Cooper. Tho following jury was empanelled: Messrs O. H. Upton (foreman), T. 11. Richardson, A. Mortensen, A. Low, E. Priest, E. Fleming, L. Paddy, J. G. Croad, 11. H, Blandford, P. Skeats, W. G. Peters and J. Wallace. Evidence was given by tho girl regarding the alleged offence. Accused, she said, knew her ago and had given her a present on her 15th birthday. She had known that he was married. Following evidence by Dr. Hunter VV ill, tho father of the girl deposed that she was an adopted child. Ifo produced a birth certificate showing that she was two months under 16 yearn of age in September last. ' Detective Russell gave evidence that accused, on being interviewed, said that ho had thought the girl was over 16 years of a T'his concluded tho evidence tendered by the Crown, whereupon Mr Cooper submitted that tho ago of the girl had not been proven with the accurateness that British law required. No evidence had been called to identify the girl with the one named in tho birth certificate; the father could not do this as ho had only had charge of her since 1916- As there was only a margin of two months to come and go on, it was imperative that the girl’s ago be definitely proved, and, submitted counsel, the Crown had not done that. Mr Cooke pointed out that the mother of the girl was in the building and could give evidence on that point. “Tho Crown must stand or fall by the case it has presented,” said His Honour to Dir Cooke. “Can you show me any precedent for allowing you to call further evidence?” Mr Cooke: “Tho Court has power to call any evidence it wishes. After referring to the Births and Deaths Registration Act, His Honour said that he would accept the certificate as proof of fact of tho witness’s birth, and would leave tho point for Mr Cooper to take any further action he might contemplate at the conclusion of the case.

Addressing the jury, Mr Cooper said that it was very important that the date of tho alleged offence should be fixed, for tho Crown could not go back nine months before the laying of the information, whilo the girl had turned 16 in November. If oho had made a mistake in eix weeks, accused was an innocent man. “Wo have tho best evidence of corroboration of tho girl’s story in accused’s statement to the police,” said His Honour, Gumming up. The jury retired at 4.10 o’clock and returned at 4.35 with a verdict of guilty. Application was then made by Mr Cooper for leave to refer the birth certificate point to the Court of Appeal. His Honour said ho would defer the point until tho morning.

GAOL FOR WALDEN.

SENTENCE OF THREE YEARS IMPRISONMENT.

Sentence of • throe years’ imprisonment with hard labour was this morning passed on Wahlcn.

Speaking in regard to tho point raised yesterday by Mr Cooper, counsel for defence, His Honour said that ho was confidently. of tho opinion that tho evidence

given by the ’Crown had sufficiently proved the age of. tho girl. If counsel considered that lie was wrong, he could refer the matter 16 the Court of Appeal. Speaking on prisoner’s behalf, Mr Cooper said that ho was a married man and was still living with his wife who had a three-woeks-old baby. Moreover, it seemed apparent that ho was shortly to have another responsibility. “It is impossible to view this case lightly,” said His Honour, addressing prisoner. “You arc a married man, and yet you took this young girl who did not know the meaning of your acts and the possible consequences to herself. You continued for a year, with the'almost inevitable result that she will have to bear an ilegitimate child. You really deserve a biger sentence than I am going to impose on you.” Proceeding, His Honour said that, while in prison, accused could earn wages to pay for the support of his wife and child, as well as for the girl’s child. Sentence was then passed as mentioned..