SUPREME COURT

New Zealand Herald, Volume LXXII, Issue 22247, 23 October 1935, Page 16

SUPREME COURT

CRIMINAL CHARGES THE CALENDAR REVIEWED ' SHORTER THAN USUAL NO MOTOR DRIVERS CHARGED "Tho cases presented to you this session are rather fewer than usual," said Mr. Justice Fair in addressing the grand jury at the opening of the criminal session of the Supreme Court yesterday. "There are 17 bills. Unfortunately a number of them arc sexual cases, which form a larger proportion than usual, but it appears that somo of them are weak cases. "One feature of the calendar is that there are no charges of causing death or injury by negligent .driving. That, represents, I hope, a diminution of these accidents and a greater care on the part of drivers." Reviewing the cases in detail, His Honor said that in the charge of assault against C. A. Milich the accused admitted the assault, but pleaded provocation. It was a serious assault and it might be a question whether provocation was a sufficient defence. It was a case in which they would find a truo bill. Charges Against Hewer Two men and two women were charged with conspiring to defraud a man who -was caught in a room with one of the women, and His Honor thought the jury would find the evidence sufficient on which to base a true bill. Similarly, His Honor thought there would be no difficulty in coming to a decision concerning the charges against G. F. Hewer and Phyllis Shorter of unlawfully using an instrument and causing a woman to take a noxious drug. Shorter was a nurse in the employ of Hewer, and if they accepted the evidence she must have known of his alleged illegal acts. The only direct evidence against Sydney Sales, charged with unlawful carnal knowledge, was that of tho girl aged 13. The case was not strong and they might think it one in which tho common jury would not be justified in convicting. In the case against P. E. M. Growden of unlawful carnal knowledge the evidence was almost entirely that of the girl herself, and His Honor directed that the jury should disregard the evidence of the wife, which was obtained in circumstances that rendered its relevancy and admissibility open to argument. Unless they were satisfied with the girl's demeanour they might think it was not a case for the common jury. Alleged Post.Office Thelt His Honor said L. E. Din and his mother, Madeline E. Din, were jointly charged with the theft from the Post-master-General on August 9 last cf £IBSO by means of a false withdrawal slip. There were four other charges against L. E, Din of obtaining money by means of forged withdrawal slips, and the evidence of handwriting experts would be that the slips had been forged by him. The case against his mother was not so clear, perhaps, but he thought they would consider there was evidence to justify them in finding a truo bill against Mrs. Din as well as against her son. The following were empanelled as the grand jury:—Messrs. F< McGovern (foreman), W. H. Ball, E. M. Bennett, P. H Cammed, J. S. Caughey, L. Clark, H. F. Cliffe, A. E. Clinkard, G. Cooper, H. R. Craig, T. A. Goulding, R. J. Inglis, R. Insull, F. Jeffers, G. L. Knight, E. G. V. Le Petit, F. C. Mappin, F. W. Moodie, L.. Norman, H. Oakley and F. M. Peain. Tho grand jury, which did not complete its labours until nearly seven o'clock, found a no bill in the case of' Percy Erneat Malcolm Growden, charged with unlawful carnal knowledge, and a no bill on the second of two charges of indecent assault against Mervyn George Piddock. True bills were returned in all other cases.