SUPREME COURT.

New Zealand Herald, Volume LIX, Issue 18016, 15 February 1922, Page 9

SUPREME COURT.

CRIMINAL SESSIONS OPEN.

LONG LIST OF. OASES.

WORK OP THE GRAND JURY.

The quarterly criminal sessions of the Auckland Supreme Court opened yasterday.

The following comprised the grand jury:—Messrs. H. P. Tayler (foreman), J. H. Jackson, Charles Brabant, Israel Massey, A. G. Newdick, W. J. Kemp, Richard Kneebone, Harold Moses, W. A. Thompson, Frederick Suckling, D. B. Patterson, E. J. Cashmore, A. C. Whitney, William Rew, W. V. Wilson, William Glover and S. H. Leyland.

In his charge to the grand jury Mr. Justice Stringer said there was a long list of cases but he was glad to say very few would cause the grand jury any difficulty. There were nine cases of various charges gonorally grouped as crimes involving dishonesty, and, he regretted to say, a large number of sexual offences, many of thorn against young girls, but in no case, he was glad to say, was there serious injury to the child concerned. True bills were returned as follows:— Robert Duncan, alleged indecent act; Albert Davidson, alleged breaking, entering and theft; George Caffrey, alleged breaking, entering and theft j Christopher Nevin, alleged assault, causing grievous bodily harm; Leonard Nelson, alleged attempted theft; James John Packer, alleged attempted rape; George Hamerton, alleged indecent assault; Henry Ward, alleged cattle stealing; Frederick Taylor, allied breaking and theft; Epiha Ngawiki, alleged perjury; Ernest Arthur Svms, alleged indecent assault; William Baniett, alleged theft from the person; William Snelling. alleged forgery; Norman Walsh, alleged indecent assault on a male; Thomas Fearon, alleged theft from tho person; John George Fitzpatrick, alleged indecent assault; Harold Lionel Matheson, alleged bigamy; Arthur Colin Larkin and Percy Broadhurst, alleged conspiracy and cheating at play; Russell Bedford Graham, alleged manslaughter; Samuel Thompson, alleged indecent assault. In the case of William Robert CiiTson the grand jury returned a true bill on the count of assault, and no bill on the counts of attempted rape, assault with intent to commit rape, and indecent assault.

CHARGES OP CATTLE STEALING.

FARMER FOUND GUILTY. The trial of Henry Ward, aged 45, (Mr. Dickson), on charges of having stolen three oxen, valued at £13 10s, at Clevedon last March, took place before Mr. Justice Stringer. Mr, Meredith conducted the case for the Crown. Mr. Meredith said the cattle alleged to have been stolen were a steer, belonging to Hawthorn and Munro, Limited, and two steers, owned by Thomas Burrows. All bore distinctive brands, which it would be shown must have been known to the accused, because both Hawthorn and Munro and Burrows had properties adjoining his own. Accused sold the steers at a sale at Whitford last March, and they subsequently changed hands again. Ultimately they were recovered I at various places. Evidence was given by the owners of the steers, the subsequent purchasers, and the auctioneer who conducted the sales. A farm hand employed by Hawthorn and Munro, Limited, said that accused told him early in 1921 that there was a steer branded ""73" among his cowa and that he would muster it and let him know.j In reply to Mr. Dickson witness said he would not say this steor was the one concerned in the present charge. DetectiveSergcant Hammond stated that accused told him he remembered taking some cattle to Whitford, but could not remem-] ber whether they were Btock he had bought or whether they were bred by him. He added that he would want to see the catle before he made any further explanation. It was mentioned in the evidence that Hawthorn and Munro's property was not properly fenced. The accused, in evidonce, said he 1 honestly believed the three steers he took to tho Whitford sale were his own prop-! erty. The reason he took them to Whit-, ford instead of some place nearer was that he had to see his sister, who had been nursing his wife. He did not notice, if the cattle had brands. He had never] branded any cattle of his own, and there- j fore did not look for brands. j The accused's wife also gave evidence stating that up to September, 1920, when; she became ill, she often saw three steers on the property. Tho jury, after a retirement lasting over an hour, returned a verdict of guilty, with a strong recommendation to mercy, the foreman saying the jury considered, the accused's action was foolish rather than criminal. The Judge asked the jury what exactly it meatft bv that, and the foreman, in reply, said it was satisfied the man knew when he took tho cattle away that they were not his. The jury felt he was wpr ried at the time, owing to his wife's iUHis Honor said he would sentence the prisoner this morning.

CHARGE OF PERJURY DISMISSED.

A QUESTION OF WAGES.

A charge of perjury was brought against Epiha Ngawiki, of Paeroa (Mr. Cahill), before Mr. Justice Herdman. The allegation was that the accused, when giving evidence before Mr. J. H. Salmon, S.M., at Paeroa, on November 25, respecting his ability to discharge a debt, swore that his wages w ere only £2 aj week, such assertion being known to him to be fake ond being intended to mislead the Court. pleaded not guilty. Mr. cJ. L. Patereon, who appeared for the Crown, said that accused, who appeared at Paeroa on a judgment summons, under examination by the solicitor for the creditors was asked what wages he received from his employer and he replied £2 a week. He made the same reply to the magistrate. Subsequently, the local constable, as inspector of factories, visited the brewery where accused was employed and inspected tho wages and time book, which showed that accused was receiving £3 a week. His employer would endorse this statement, but would explain that he deducted 12s 6d a week for food supplied to accused, and 7s 6d was also deducted to liquidate a debt owing to him by accused. His Honor, addressing the jury, said it was possible accused misunderstood the question put to him in the' lower Court. The jury, without retiring, found accused not guilty, and he was discharged.

VERDICT OP NOT GUILTY.

ALLEGED THEFT AT SWANSON.

Breaking and entering the house of James Cumming at Swanson on October 1 last and stealing therefrom a number of tools, a camera, and revolver and some hardwood, valued at £15, was the subject of two charges preferred against Frederick Taylor (Mr, Osburne Lilly). The accused was also charged with receiving these articles, knowing them to have been stolen.

For the Crown, Mr. Paterson said the goods were found in a whare, occupied >by the accused, close to the house from which they were removed, When questioned concerning the revolver accused said it belonged to a Mr. Barton and the tools were the property of a Mr. Walts. Evidence would be called to show that this was not true.

Alfred John Barton stated that the revolver produced was not his property. He had never had a revolver. In answer to Mr. Lilly witness said he left a chest of tools in the whare when he went away. It was still there. No evidence was called for the defence, counsel merely addressing the jury. The jury returned at 8.15 p.m. with a verdict of not guilty.