SUPREME COURT

New Zealand Herald, Volume LXXII, Issue 22027, 6 February 1935, Page 14

SUPREME COURT

CRIMINAL SESSIONS OPEN

MORE CASES THAN USUAL

CHARGE TO GRAND JURY

< ONE NO BILL, RETURNED

"I regret to say that the number of cases is above the average," said Mr. Justice Fair in his address to the Grand Jury at the opening of the quarterly criminal sessions of the Supreme Court yesterday morning. The number of cases, 30 in all, was slightly above the average for the past 12 years, although there was some consolation in the fact that during that period there had been a large increase in population

"There'are only tvro charges of negligence in the driving of motor-vehicles involving injury canning death," His Honor continued. "The number is below the average, and one hopes that it indicates a 'standard oir more careful driving."

In addition to a charge of murder, His Honor Maid, there were two unusual charges of attempting to extort money by menaces, charges of a sexual nature, charges alleging robbery with violence, breaking a.nd entering, theft, receiving stolen property, and bigamy. Charge oJt Murder , , The most serious charge was one of murder against Puhipi Riwhi, at Rawene,'on November 23. On that day accused had a dispute with his brother-in-law about some fitock put on accused's lane, without his authority. Accused attacked his brother-in-law with his fisus. and in the course of the struggle was struck with a bridle. Accused chased his brother-in-law and then drove the stock! out of the paddock. Later Henarei Riwhi objected to the stock being taken off the farm and was told to mind hist own business. An argument followed and accused struck him with a spade or. the head, and then on the arm. Henare Riwhi was taken to hospital, and from a surgical point of view his condition appeared to be good. Howciver, gangrene set in and he died three days later. His Honor said that under the provisions of the Crimes Act murder was rather elaborately defined. The effect of the definitions was that if accused knew when he struck the blow that it would cause death he was guilty of murder. On the other hand, if accused acted not thinking the blow woYild cause death, the charge would be one of manslaughter. It might be that an examination of the facts would qhow him guilty cf murder, or manslaughter, or assault. It would be necessary for the Grand Jury to decide on what charge, if any, he was to be tried. An Unusual Case The charge cgainst Edward Patrick Brogan was one of doing actual bodily harm, and, on the evidence, His Honor thought tho Grand Jury would find there was a, prima facie case against accused. The evidence might also bo sufficient t<> satisfy them that there was a true bill against Adelaide Porter, who faced two charges of unlawfully using an instrument on a woman at Dargaville. A rather unusual case, said His Honor, was that in which Alfred McDowell faced 10 charges of demanding money with menaces with intent to steal it,, as. well a* three charges of extortion. 13e thought they would find the evidence sufficient for the case to go before s, common jury. < The charge against Gordon McKenna aind John Edward Siddins of the theft of Is was one on which the accused could have been tried before a magistrate.

His Honor reviewed a number of other cases, mostly of a sexual nature, in which' lie thought the grand jury would find, true bills. Oth sr Directions Given

"The evidence is fairly, clear and you should have no difiiculty in finding a true bill," said Hjp Honor, referring to o(f Leshe Clark, who faced three charges of receiving property dishonestly obtained. The.grand jury, he thought,. would arrive at a similar conclusion ,in the , breaking and entering charge again George Edgar Pengelly and John Walker Johnstone. The allegations were that the two accused had stolen jewellery and goods valued at over £jUSO- from a- house in Remuera on January 2.; ; , • . ' George Quijrn arid Harold Ormonde Hill were charged with robbing, a man with vibleiioe of £&. One'of the accused had stated-there had been no violence, a statement the correctness of which the grand jury would have to consider. In the case of Mate Ilich; who was charged Tilth bigamy, accused, in a statement, had admitted that he had married a second time.

The following "srere empanelled as the grand jury:—-Messrs. H. E. Vaile (foreman) j R. A. Gummer,' J. D. Twentyman, N.,' Taylor, T.. J. Spry, F. W. O'ates, C. I. Nathan, D. Mount. J. Melling, A. Leyland, P. 1». Le Grice, T. G. Julian, H. P. Burton, J. Carlaw, R. Cs.shmore, A. L. Caughey, A. W. Cheal, B. C. Chilwell, H. Duncan, H. FreakeSj A. T. Garlick, F. W. Hickson''and'J. Hellaby, True' bills were' returned in every case, with the exception of that of Thomas William Smith, who was charged with, indecent assault. In that case a no bill was found.