AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLII, Issue 12878, 29 May 1905, Page 3

AUCKLAND SUPREME COURT

CRIMINAL SESSIONS.

The criminal sessions of the Auckland Supreme Court were resumed before His Honor Mr. Justice Edwards at half-past ten on Saturday morning. THE AVONDALE; CASE. CASK FOR THE DEFENCE. The further hearing of the charge against John Hughes of attempting in commit, a. serious offence upon a girl named Hose Thomas, at, Avondale, upon January 2b" last, was proceeded with. Counsel for the defence, Mr. J. C. Martin, having opened his case the previous day, called the accused, who .said that, upon the evening in question, lie saw the girl Thomas at. Page's store. On leaving the store lie went to the hotel, where he met the licensee (Mr. Orinoud) and two young men named Scarlett and Barker. 'Having hid them "good night," he purchased a bottle of beer, and then proceeded on his way home. lie passed the girl Thomas and a man. to whom lie said! "good night." Alter that lie met no one. On arriving home, he and his wife hail a glass of beer. He was only then; for about Jive minutes, when he left again for the hotel, wnicb was about 300 yards away. it would then 'be about twenty'live minutes past eight. On his way lie passed a group of women and children, the women being those who had already given evidence. On getting to the hotel he went into the eaidrooiu, where he saw Barker and Scarlett, and a number of others, In company with a. man named Thomas, the. tour of them played euchre until ten o'clock, when the party' broke up. While witness and another were yarning upon the hotel steps Constable O'iirady came up, and a iniiversal ion ensued. Mr. Martin : The evidence given by Constable O'Grady as to that conversation is substantially correct, 1 suppose? -Witness: Yes. flow was it that on your way hack yon did not see the girl Thomas?—] don't know. 1 did not see her.

And you heard no screaming? No. Did you ever see this toy pistol before?— No: not before yesterday. To Mr. Tide.-' He. himself, could walk from his place to Ihe hotel in about four minutes. His Honor: What is the distauee? Mr. Tole: Two hundred and sixty-four yards. Your Honor. Continuing, witness said that he could' not speak with any certainty as to time himself, but his witnesses would show that while the assault was committed afca-quarlcr to nine, he was in the hotel at least ten. minutes 'before that. His Honor said he could not understand it, because the girl, walking at a. moderate pace, should have been home before the accused left his house, and it way perfectly plain that she was not. F. Dibble, coach-proprietor, living at Avondale, stated that upon the night of January 28 he heard the screams. He was then standing at. the door of his stables, about eight chains away from the spot where the assault was committed. To the best id' his belief, it would then be about sixteen minutes to nine, or fifteen minutes to nine, lie. was able to iix the time, because his sou was late with the 'bus, and about live minutes before that he had looked at his watch, which showed that it was then twenty minutes to nine. .John Lees, living at Avondale, said -that, upon that night, he helped Mr. Dibble's son to get the coach away. After that be went to "the hotel, entering about, a-iptarler to nine. Mr. Martin:' How do you fix the time?— I glanced at. the clock, and saw that it was a-quarter to nine. Did you make any remark to anyone at the time?— to Lo'mas. Lomas had assisted us to tret the 'bus away. On looking at the clock, 1 said that there was no use in hurrying us up as we were in plenty of time, seeing that it was only a-quarter to nine. Mr. Tole: Well, there must have been something wrong about the time, as, if the hotel dock was right, there was no need for you to have hurried? Witness: There must have been. Where was the prisoner when you looked at the clock?—He was coming into the passage- from the cardroom with Barker and Scarlett.

George Lomas corroborated the last' witness' testimony ill regard to remarking about the time. James Barker deposed that lie saw Hughes twice upon the evening in questiononce when he was coming over from Page's store to the hotel, and: again in the howl, when they were, playing cards. After a game Hughes invited them " to come mid have a drink." They accepted the invitation, and met Lonia-s and Lees in the passage. Hughes had been with them for about ten minutes then. The Foreman of the Jury: Did you see anv man enter the hotel covered with dust?

Witness: No; 1 was not in that particular room at the time. Fred. Downie stated that he was in the commercial room of the Avondale Hotel, at about a-quarter to nine that evening, and .saw Hughes. Mr. Martin: Did another man who attracted your attention come into the room? —Yes. Before or after you saw Hughe*?— Was he a- stranger to you?— What was wrong with —He was covered with dust from head to foot. I remarked to my companion that he had probably fallen off a horse. To Mr. Tele: He was wearing the same style of clothes as the prisonera. dark suit and a slouch hat. He was a little taller than Hughes, and was more thickly sot. To the Foreman of the Jury: He mentioned the fact to the constable the following day. Evidence was then given by Charles Lynch (a bootmaker) and David Hedley (a grocer) as to accused's character, which they said was good. Constable O'Grady (re-called) said that Downie had not reported to him about the man with the. dust-covered clothes. He could not, at any rave, remember the incident. In answer to Mr. Martin, witness said that the companion Downie alluded to had gone home that dav unwell. Mr. Martin said that lie did not propose to address the jury. He would leave if to His Honor.

His Honor said that in the circumstances he felt, great difficulty in advising the jury. They would lie aware of the danger in convicting a man on the .strength of identification, on a. very dark night, under such circumstances as" existed in this case. The prisoner's movements had been certainly peculiar. Why did he hurry away from his wife? There was the positive fact, that, the assault was committed, but (he question was who was the offender? Was it the accused? If there was a reasonable doubt, they must acquit him. He did not see that he could help (lie jury any more. As counsel had left it to them, he proposed to leave it to them, too. The jury retired at half-past twelve-" to sea what, Ihev could make of it," as His Honour said." The judge said that if they wanted any further help lie would do what he could. The jury returned 1 to Court at twelve minutes past live p.m. To the question put by the registrar (Mr. Coring Thomas), "Gentlemen, are you agreed upon your verdict?'' the foreman replied : "We are not.'' Hi.-* Honor: "Is there no chance, Mr. Foreman?" "There is no chance. Your Honor, replied the foreman. The accused was then admitted to bail. "UNFIT TO LIVE." STRONG REMARKS BY THE JUDGE. A PRISONER'S THREA l\ Victor Henry Simmonds, a scow baud, aged 21, pleaded guilty to two unnatural offences committed at Auckland. In passing .sentence, His Honor said: Prisoner, this is one of the most awful cases that have ever come under my notice. You are absolutely unlit to be at large, or to live. Only a short time ago you would have been stamped out of existence. So far a-s I can help it you shall never again have the chance of being the destroyer of the. young and innocent. The sentence of the Court is that you be imprisoned and kept at hard labour in tho common prison at Auckland for the term of your natural life." As the. prisoner descended to the, cells below the Court, he looked at. Detective McMahoji, who had charge, of the case, and shouted: " Your lights will be put out,, too, , before long."-