CRIMINAL SESSIONS.

New Zealand Herald, Volume LX, Issue 18547, 3 November 1923, Page 9

CRIMINAL SESSIONS.

THEFT ©F MOTOR GEAR-BOX. TAKEN" FROM A GARAGE. PLEA Ok PURCHASE FAILS. The criminal sessions of the Supreme Court were continued yesterday, when Mr. Justice Stringer and Mr. justice Herdman were engaged in hearing cases. The theft of a motor-car gear-box on . September 8 at Auckland, was denied by Horace Davis (Mr. Moody), who appeared before Mr. Justice Stringer. Mr. Meredith, for the Crown, said that Samuel Joseph Thorn alley, who had a garage at the corner of Dominion Road and New North Road, had in his yard the chassis of an old car, with gear-box attached, which he offered to accused, In August, for £10. Accused said he would consider the offer, but no deal was made. There was no access to_the yard except through the garage. The yard, however, could be entered by going through the backyards "of other properties. When Thornalley opened the parage on Monday, September 10, he found' the gearbox had been removed, during the weekend. In a statement, accused said he had inspected the gear-box and had said to Thornalley: "AH right," meaning that he would buy the property. Accused understood he could pay later. He admitted disconnecting the gear-box and taking it away. He intended to let Thornalley know what he had done when he returned for the remainder of the property. Samuel Joseph Thornalley gave "evidence on the lines indicated by counsel. Cross-examined, witness said he might have told accused he could have the gearbox, but he did not remember saying so. Detective Edward Francis O'Brien, gave evidence of arrest. Mr. Moody said the point to be decided •was whether or not accused had any bona-fide right to take the gear-box, He contended there, had been an honest misunderstanding by accused. The jury returned a verdict of guiltv. His Honor deferred sentence to "No- - vember 10. •... TWO MEN ACQUITTED. QUESTION OF IDENTITY. A question of identity was the single issue involved in a case heard before Mr. Justice Herdman and a jury, when Ernest William Rawnsley, aged 26, was charged with indecent exposure on Arabi Road, Edendale, on August 13, 1923. The case for the Crown as outlined by Mr.. Paterson, was that accused followed a young woman from the Dominion Road tram terminus on the evening in question, and when she entered, the gate of her aunt's residence in Arabi Road, accosted her and committed the offence alleged. The young woman ran into > the house and informed her fiance, Alfred William Perrow, who went out into the street, saw a man about 90 yards away, and ran after him. The man was accused and his clothes and appearance corresponded with the desrription given to Perrow by the young woman. V.hen accosted, accused denied knowledge of the offence. Thirteen days later, Perrow and the young woman saw accused in a tramcar as they were proceeding to work They informed the police, and subsequently identified accused from among 15 others. •";.'.' Evidence was called corroborating Mr. Paterson's statement of the case. *■ For the defence, Mr. J)ickst i said it was admitted that Perrow accosted accused on the evening of August 13. Accused ,was returning home after viewing some shops in course of erection at Edendale. He denied all knowledge of the offence, the only evidence of identity connecting him with the offence being a dark coat and a light felt hat. .;- Accused gave evidence as to his move, menta on .the- day. and evening in question. ~ : .--» - _~.■. £*__■ ~ . A verdict of not guilty was returned by the jury after a brief retirement, and accused was accordingly discharged. > George Joseph Silver (Mr. Sullivan), a young man, denied charges "of- indecent assault and common .assault on a girl under the age of 16 on August 11. The case, which came before Mr. Justice Herdman and a jury, - arose from an alleged episode at a picture theatre in Ponsonby Road on the evening of August 11. Mr. Paterson, who appeared for the Crown, said that the girl, who was 14 years of age, with a girl friend entered the theatre «fter the lights had been turned out. The girl alleged that as she passed him accused interfered with her. Several witnesses, including the two girls, were called for the prosecution. Accused denied having interfered with the girl in any way. The jury returned a verdict of not guilty on botn counts, and accused was discharged. ■': :•,. ~.-'■ ■^^■h.-.y^-ELDERLY MAN'S OFFENCE. SIX • MONTHS* IMPRISONMENT. , A plea of not guilty was entered by an elderly man, Thomas Clark (Mr. Moody) to charges of having carnal knowledge and of attempted carnal knowledge of a girl ■ under the age of 16 at Xaihgaroa on May 12 last. The case came before Mr. Justice Stringer. : Mr* Meredith, for the Crown, said that since September, 1922, the girl concerned, who was living with v her mother ana; step-father, near accused's property, had gone to his house, , in which he lived alone, to milk and chtan the "place. According to the evidence, Clark had interfered with the girl % from the first, and familiarity had continued up to the date of the alleged offence. Evidence was given by the girl, and by her step-father. > ■ • -y _ ; The '. defence f was; a • denial that ' accused bad interfered with the.girl. : r '■>.'■ ''» The jury brought in a verdict of guilty of! attempted unlawful carnal knowledge. •His Honor said he would -have-: been glad to have spared this elderly : man a term of imprisonment, but would; not be doing his duty if he did so., -; But he would take into consideration all the , circumstances •in his favour, including his age and previous good character, and ; would pass a lighter sentence than was usual in the - case where advantage, had i been taken of young girls. \ s Accused was sentenced to six months' . imprisonment. ;■ x > OBOSSEY ADMITS FORGERY. " [■ .: ;-x -.■,::-.. . ? ,-.-,i ; _.v h: -^ : £.;f ':"'■'■ CONCURRENT SENTENCE IMPOSED. [. Found guilty on Thursday on 14 counts I of forgery and uttering and; obtaining i credit by fraud or while a bankrupt, and , sentenced to three years' imprisonment, ; Alfred Crossey admitted a further two . counts of .forgery and uttering before ' Mr. Justice Herdman yesterday. ,;„ ; His Honor decided not to increase prisoner's term of imprisonment," sentencing him to one year to be concurrent with the sentences already passed. . Prisoner manifested emotion at the clemency . shown him, addressing a fervent " thank you" to His Honor. ••' '■ ■ '.' , 't BBEAOH Or BANKRUPTCY ACT. * TWO YEARS' PROBATION. v a Frederick List (Mr. Matthews), a a 1 middle-aged man. who had plerded guilty » on Thursday to a charge of obtaining 8 credit above £20 while still } an ,',_undut charged bankrupt, came before Mr. Justice Herdman for sentence yesterday. Accused d was placed on probation for two years.