CLERGYMAN CHARGED.

New Zealand Herald, Volume LIX, Issue 18215, 7 October 1922, Page 10

CLERGYMAN CHARGED.

ROBERTSON ORR CASE. CONDITION OF THE ACCUSED A -warrant for tho arrest of tho Rev. S. Robertson Orr -will be issued on Wednesday, October 18, if be fails to appear in the Magistrate's Court that morning or his medical advisor is pot present at 10 o'clock with a certificate to show that tho accused is physically unable to do so. This was tho decision of Mr. F. K. Hunt, S.M., in the Wellington Magistrate's Court on Wednesday, as briefly reported by telegram. Tho Magistrate's Court, was crowded when the case was again called. "Defendant Is still unable to appear," said; Mr. O. G. Mazengarb, his counsel. "The ca«s has been called in tli© Court for five consecutive weeks, alternatively, before Your Worship and Mr. Riddell, S.M." His Worship: It is not going to bo called much longer. Mr. Mazengarb declared that for tho last three weeks complainant's oounscl had looked with suspicion on the medical certificate produced aiid thd medical evidence, and certain evidence His Worship: What evidence? Mr. Mazengarb : Certain evidence calculated to prejudice the defendant in the eyes of the Court and with tho public. " The plain suggestion underlying that evidence," he asserted, " was that defendant was malingering and being prompted by medical men and his solicitor. To assist the Court it was only right and proper that some evidence " His Worship; I want to hear why defendant is not here.

Mr. Mazengarb: When the suggestion is made that defendant ie endeavouring to keep away from justice for some other reason I should <be given somo opportunity His Worship: When that is made in my presence you will bo given an opportunity to reply. Call the doctor. I>r. Harold Edward Jeffries, in evidence, said that ho had had experience with nervous and mental hospitals in London and New Zealand. Some two weeks ago ho saw defendant, who was then in bed and quite unable to make a Court appearance. He was in voluntary quarters in the convalescent home at Porirua, and as he was in an agitated and depressed state it would be impossible to say when, he would be able to como to Court. At the present time the man was considered a " border-line " case.

His-Worship: He's getting better every day? Witness: No, sir, he is not. His memory regard >nc the events of the last month has been very hazy and impaired. Ili« Worship: Tho proceedings are preying on his mind? Witness: At the present time he is not in a fit state to get it over. .. . He might be pushed over the line!

His Worship: When do you say he will bo able to appear? Witness: No man can say that. His Worjship: Would ho be pushed over the border-line?

Witness : I cannot say. ... He is likely to lose his reason.

His Worship: He may or may not? Witness: Ho is likely to. • His Worship : I must have evidence that the man will lose his life or his 'reason.

Mr. Maiwngarb: No man can predict any thine with certainty. His- Worship: Is there any risk in his coming to Court? Witness : I would say there is a risk. His Worship: I'm afraid ho will have to chance that. .

Witness : I have a responsibility. His Worship: So iuve I. Mr, E. G. Jelliyoe, counsel for complainant. cross-examined tho doctor at length, after which the magistrate gave his decision as stated.