AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIV, Issue 13414, 16 February 1907, Page 7

AUCKLAND SUPREME COURT

CRIMINAL SESSIONS.

-ROBBERY WITH VIOLENCE AT

DARNELL.

The criminal sessions of the Auckland Supreme Court were continued before His Honor Mr. Justice Denniston yesterday.

William Holland, the young man found guilty on the previous day on a, charge of robbing a. married woman named Edenborough. in Parnell, in January last, and with using violence, was brought forward for sentence.

Dr. H. Dean Bamford, appearing on the prisoner's behalf, said he could not help feeling that the defence set up rendered it move difficult than usual to say anything in mitigation of the offence, ' ut at the same time the whole of the ccuiustances of the case were admittec' 1 ■ peculiar, and he ventured to think that 4 e was justified in suggesting that the verdict of tho jury was confined to the actual incident in Parnell, and ought not to be taken as a"complete repudiation of the defence.

His Honor said- that- the woman's story was absolutely inconsistent wit it that put forward by the defence, and it the jury felt that she had done what the prisoner had sworn she did, then they should have disbelieved her story altogether, and have brought in a verdict of not guilty. As they had not done so, he must take'it that they disbelieved the whole of accused's story. Dr. Bamford went on to point out that this was' the prisoner's first offence, and to ask His Honor, in view of the prisoner's condition at the time the offence was committed, to look upon it rather as a drunken escapade, and not in any way indicating an established criminal intention on his part. His Honor, addressing the prisoner, said the offence in itself was sufficiently serious for exemplary punishment, but, in'addition to that fie had, as a defence to his conduct, invented a story involving a most scandalous attack upon the character of a woman against whom there had not been a tittle of suggestion of acts of impropriety of any kind.- The jury must be held to have justified their verdict that the prisoner invented his story, and that, two, at 'least, of his witnesses committed perjury. A more scandalous and disgraceful defence it was impossible to imagine. He did not mean to reflect upon counsel, because he was sure lie only acted according to iliructions. _ Unfortunately, however, these sort of defences were getting too common. 'When a man committed an outrage on a woman, he immediately set about" inventing a scandalous defence to blacken the character of his victim. He could not for ; a moment accept the suggestion put forI ward by counsel as regards the verdict of the jury, which involved a reflection on the character of Mrs. Edenboroiigh. His Honor then passed a sentence of 12 months' imprisonment with hard labour.

ALLEGED INDECENT ASSAULT. The trial of Claude Marmont, a youth, on a charge of committing an indecent assault upon a little girl at Newton, on December 5 lust, was continued. The Hon. J. A. Tole, Crown solicitor appeared for the prosecution, and Mr. J. R. Reed conducted the case for the defence.

The Rev. G. Edgell, home missionary, said he was until recently a curate at St. Sepulchre's Church, and resided in Bur-leigh-street. On the date in question he visited the Marmont's, in Claremont-street, arriving there about twenty-five minutes to one o'clock. He remained talking there lor some time, and at about nine minutes to one saw accused come in. About ten minutes before witness heard someone in one of the front rooms, and was sure that it was accused.

..Mary Anne Moon, a shopkeeper in Newton Road, also gave evidence. John William Marmont, father of accused, said that at ,the time the offence was alleged to have been committed witness and his family were residing in Claremontstreet, oft" Kliyber Pass. Accused drove a horse and cart. On the date in question the prisoner left home at about ten o'clock to go to the market, witness following him almost immediately, going down by tram. Witness saw his- son there, and after making several purchases, gave the articles to accused, and went home, arriving there a few minutes after twelve. Mr. Edgell called, and witness was conversing with him when he heard accused come into the house. This would be between half-past twelve and twenty minutes to one. Witness saw his son shortly afterwards, and the latter did not leave again until two o'clock.

Mrs. Marmont. her eldest son and two daughters, were also called to .show that accused was at home at or before the time the offence was committed.

A boy named O'Connor was also called to state that he was with accused from the time lie left the market until he arrived at Seaiield View.

Mr. Reed, in addressing the jury, submitted that it had been proved that it was an utter impossibility that it was accused who committed the offence. The test at identification, he contended, was absurd, as the boy was placed alongside a number of plain-clothes constables, and being the .smallest one in the row was quickly singled oil. The descriptions given by the Crown witnesses were also inconsistent.

Mr. 'Pole also addressed the jury, after which His Honor summed up. - The jury returned a verdict of not guilty, and tie.' prisoner was discharged.

THE PAKUEANGA CASE.

1 GOODWILL OX HIS TRIAL. :, ,] Arthur Richard Varley Goodwill, » mar- •. I ried man of stoutish build, pleaded not I guilty to a charge of committing it serious . ,-i offence upon a girl named Alice Boyle at '•%<, Pakuranga on Monday January 7. . Mr. ( Lundon appeared for the defence. "< ,'i Mr. Tole, in opening, said the girl was ,y~i IS years of age and an orphan, and that \"-\ the offence was committed with great f heartlessness oh the part of the prisoner. TIM The complainant said she lived at Howick , with an elderly woman named Saunders, " I who was an old age pensioner. She was an 1 orphan and did not know her age, but ™ thought she was 18. She had been living { with Mis. Saunders for ten years, and on 111 Wednesday, the 2nd of January last, went ■;'q to Howick to get Mis. Saunders' pension. pllf After getting the pension she called at a .. I] grocery store, and left again for home !'.«, shortly after half-past two. The prisoner, 111 was riding a bay two. The prisoner, who was riding a bay horse, caught up to 11,I 1 , her on the Howick side of Crawford's ~„.,.' stables. She had never seen him before, 111 but he struck up a conversation with her, |pi and asked her where she was going. She I j told him, and then he started to tell her ;>,; about the lovely home he had at Mount I Eden, about his having plenty of money, "■ 'i and doing no work. He told her that his tJ| name was Arthur Johnson, that he was 32 ?£ ; 1 years of age, anil could buy a local resi'Jjf dent out, several times over. He had a Si cricket bat i.. his baud, and said he was : \ : going down to Pigeon Mountain to play .•jf cricket. When she told him where she /'Jf 'lived he asked her if she had any parents m living. She replied in the negative, where- .?« upon he said he was an orphan too. He M then left her, arranging to call on Hie folOK lowing Monday, the 7th of January. Among Wm those who saw her speaking to the prisoner isj| on January 2 was Mr. Melnerheny. The B prisoner, as arranged, called on the Moni"|§ day evening, and she went out. to see him. iM He invited her to come away with him, M but she said she did not want to go, as m& she had had a few words with Mrs. Saun§l! ders. He told her it was a- good opportunWo!. ity, and tit last Kite consented to go. She Kg got up in his gig and drove away with jig! him. As they drove along they passed a SI -"Mrs. Alder and her daughter,' and a boy Bl 'named Waller. It was then dusk, and the i" pii-oner asked her if she knew these people. {3m 3he replied in the affirmative. Accused had V* to lights on the gig, and , when witness K asked him for an explanation he did not

offer any. They drove on along the main road, and finally turned down a side road, where the prisoner committeed the offence, witness protesting and resisting. A vehicle with lights appeared in. the distance, and accused drove on, but stopped again and repeated the offence. They drove on again, passing a milk waggon, after which accused stopped and again repeated the offence. They then drove on to Panmure. On arriving there-, shortly after midnight, accused asked her if she knew anyone with whom she could go and stay. She said, "No." Accused then requested her to get out of the gig, and .said he would go to Ellerslie and get a cloak for her, returning in the morning at six o'clock. Witness got out of the gig, and walked on to the public school ground, where she lay down and slept. He did not, however, come- back* Witness awoke about six and obtained breakfast with a couple of bachelors. They also gave her 2s with which to pay her fare to get to town. She entered into service at Panmure, and was there for «a couple of days, when she was found, and taken back to her home.

Mr. 'Pole: When did you next sec the prisoner? Witness: T did not see him again until January 19, when I went, to Otahuhu and identified him.

Mr. Lundon preceded to ask a question, which was disallowed. His Honor said he did not. propose to allow the time of the Court lo be wasted by allowing questions to be put to witnesses which had already been denied in the lower Court, and which counsel knew he could not prove. Counsel must be bound by tie 1 denial if he could notprove it to be otherwise, and if he. could then he could take proceedings for perjury. Mr. London: Mv object is to get at the truth.

• His Honor: No; your object is to make insinuations whieji the girl denies.

Mr. Lundon: Well, if Your Honor rules 1 cannot ask the question 1 will not do so.. His Honor: Of course you won't.

In reply to Mr. I,undon the complainant stated that a man named Porter attempted to commit a similar offence upon her in Match last. He was a. married man, and she went and informed his wife..

At this stage the Court adjourned until ten o'clock this morning.