SUPREME COURT.

New Zealand Times, Volume LXVI, Issue 3222, 3 September 1897, Page 4

SUPREME COURT.

Thursday, September 2. (Before the Chief Justice.) The Couit sat at 10 a.m. THE SHOOTING CASE.

The jury empanelled the day previous to try Th'cnas, Looney and Annie Looney for shooting with intent at Feilding were brought into Court after being locked up all night. The foreman said that the jury were unable to agree. His Honor asked if there was any probability of them agreeing if given more time ?

The foreman replied in the negative. Ilia Honor -. Then you are discharged. Mr Gully, Crown Prosecutor, intimated that ho intended proceeding with a new trial at the present sittings, but not this week. He suggested Thursday next, which would suit Mr Wilford, who appeared for the defence. This course was agreed to. ALLEGED CAUSALLY KNOWING.

The youth William Frederick Morris was charged with having carnally known hia sister Charlotte (“ Cissy ”) Morris, aged 9 years and 10 months, on the 24th July last. There were three counts in the indictment altogether, including indecent assault.

Prisoner, who was undefended, pleaded not guilty. Mr Gully did not think it necessary to mate many remarks in opening the case, beyond the fact that it was one of an unsavoury nature. The evidence to be tendered would sufficiently disclose the facts without further explanation. Charlotte Morris, a little dot, who was alleged to have been assaulted, stated that the offence had been committed on half a dozen occasions. She detailed the domestic arrangements of their house, from which it appeared that for a short period herself, accused and a little brother slept in one bed.

Dr Cahill deposed to having examined the last witness and found her suffering from venereal disease. He had also examined the accused and found him suffering from a similar complaint. George Morris, brother of the prisoner, who was brought up from the Burnham Industrial school, gave evidence considerably at variance with that alleged to have been given to the police at the time of prisoner’s arrest. This closed the case for the Crown, and Mr Gully briefly addressed the jury.

For the defence. Prisoner called Mrs Elizabeth Free, of Adelaide road, who was called to nurse an inmate of the house of Morris. It transpired, however, that she knew nothing about the conduct of the accused or where ho slept at the time mentioned in the information, sho having left the house before that period. Accused assured the jury of hia innocence, averring that his sister’s statements were quite untrue. The jury returned a verdict of guilty after a quarter of an hour’, retirement. Prisoner was remanded for sentence until 10 a.m. the following day. THE CASE AGAINST CRIPPS AND BROWN. Charles Cripps was charged that he, on tho 24th May last, at Wellington, did unlawfully carnally know one Ida Emily Whittaker, who was over the ago of 12 years, to wit, 13 years, and under the age of 10 years; also with attempting to carnally know her on the same date, and further with indecently assaulting her. The woman Brown was charged with being an accomplice. There were also three indictments against tho prisoners of a similar nature in respect to one Margaret Annio Noonan, or Wills, a girl of tho age of 13 years and under the age of 16 years. The prisoner Cripps was defended by Dr Findlay. The female was unrepresented.

Before the empanelmont of tho jury tho prisoner Brown asked the Bench tQ have her case tried separately fcoui that of Cripps, bqt His Honor said ho saw no reason to adopt that course. The jury could discriminate, and any evidence applicable only to the male prisoner would, of course, be not considered in her Casa. Mr Gully said the facts were very simple. On the evening prior to the 24th May the man Cripps met the two girls in tjie street, struck up an acquaintance with them, and made an assignation to meet them on tho day following at the house of the woman Brown. Next day the girls appeared on the scene before Cripps, and were allowed in the houso. It would bo stated that Cripps, Brown and the two girls were in this house tho whole day, except on occasions when someone went out to buy some liquor. This was consumed in the house, the result being that one of tho girls got somewhat intoxicated. Hie offence was alleged to have been committed in the bedroom. It was only a small cottage, situated iu North street, and contained but three rooms. The offence would be sworn to definitely by one girl, and rathor indefinitely by her companion. The jury would boar in mind that the indictment contained three counts, and that the femalo prisoner was practically an accomplice of Cripps. The first witness was A. Harris, clerk, employed by Baker Brothers, who gave evidence in reference to the lease of the house.

Elizabeth H. Whittaker, of Cambridge road, mother of the girl Ida Whittaker, stated that on tho Queen’s Birthday her daughter was p a way from home all day, and' witness never saw her until after 10 o’clock that night. Witness had then been making enquiries of tho police about her. She stated that hep daughter would he 14 years old in December next. Dr Findlay asked a number of questions of witness relative to the character her daughter bore, the company she kept, &o. Dr Toare, who examined the girls Whittaker and Noonan (or Wills), testified that both had been tampered with. Constable Kelly produced the clothing tho girls wora and stated that he arrested the woman XJrown, who said witness needn’t have arrested Percy Bundle (who rented her houso), because he had had nothing to do with the affair. She also said the girls had been with men before, that they were little —— —s, and that sho would toll tho Magistrate so. Ida Whittaker, one of the girls alleged to have been assaulted, detailed how herself and the girl Madge Noonan, or Wills, met Cripps one evening as they v-opo going to the Salvation Army mooting. Cripps started tha 'interview by saying “ good evening,” and then asked Madgo Wills if she know Minnie Brown, Madge replying in the affirmative. He said he had a pair of boots that would fit her if she wont to Brown’s next day. Ho gave Madge a shilling and went away, the witness and her companion spending the money. They went to Brown’s next morning, and after the arrival of Cripps she went out for a shilling’s worth of whisky and a couple of bottles of lemonade. Witness drank lemonade, and Brown, Cripps and Madge Wills took whisky. Half an • hour afterwards witness got qaefcbev Is fid q-firtU of wbisVy-and a bottle of lemonade, and later on Wills went out for more liquor. Witness was asked what her favourite drink was? Wills replied for her, saying, “ Port wine and brandy.” Minnie Brown then gave her sixpence to got some, and witness drank it all on return to the houso. Subsequently Brown told Wills that she had better go and lie down. Madge was showing the effects of the liquor. - She went In and witness followed. They both lay on the bed, Cripps going after them subsequently. Witness here detailed the assault which she said was committed upon the bod. Her evidence had very little relation to the girl however. Iq pyogs-examinqtion, witness said sho had'beenflvith iqen repeatedly. She went aboqt at qight with Madge Wills, and the latter gave her some pf the money she got. Dr I'indjay asked hep a number of questions relative ta the occurrences in their order in the house. She was stupid lin her head after partaking of the port wine, but lines what she was doing. In answer to His Honor the wltcess, when describing what happened in the room, gave an answer to an important question which lather discounted some of her previous ovideneeThe next witness wqs Ellen Evans, who in May last Uveq in Haining street, but who said she had now left that locality. On the 24th sho loft Minnie Brown’s in tha morning, returning after 12 o’clock. Brown was then in the kitchen, and witness asked who was in the bedroom, being told in reply that the two girls and Cripps were there. Witness opened the door and saw that Whittaker was asleep, and tha other two awake. She stopped in tho house until 6.30 o’clock, prior to which time she went out for some shandygaff. The girl Whittaker did not have any, but Wills did. Then Whittaker went into the bedroom and Cripps followed. They did not stay very long. Witness, went away and returned at 7.30 p.m, when the girls had gone. She only went a few times to see Minnie Brown altogether. Xjjcl qqt k'qoiy Vhqt kitifj of alioqsa fifie wM keeping. Oripps was firunk op the flay in question, the two girls wore stupid, but Minnie Brown was not so bad, To Dr Findlay i Oripps was in a help, loss condition. Had heard Madge Wills representing that she was 17 years of age, but had not beard Whittaker say she was 16. Ida Whittaker (re-oalled) said that when she left Minnie Brown’s house on the night of the 24th the woman asked her to come round next day and she would give her some boots and clothes. To Dr Findlay: The girl Wills had told men she (Wills) wqs oyer I§, and tfet witness' was I§.

Margaret Annie Noonan (otherwise called Madge Wills) next entered the box. She gave evidence similar to the girl Whittaker as to what led up to their visit to Brown’s house. Liquor was procured, some of whioh she drank. After taking port wine and brandy she remembered no more nntil she awoke, finding hereelf on the bed, Ida Whittaker was

with her, bufc the latter subsequently went out. On going into the kitchen she saw Ibere Evans, Brown, Cripps and Whittaker. Cripps said to witness afterwards “ I will givo you a few shillings presently/' Moro drink was sent for, but she did not remember having any. Something was said about a bank book,and Cripps went out with Bundle (who had returned home after being absent all day) to raise cash. A woman came to the house for her, but she did not go home until afterwards. To Dr Findlay; Had no whisky at all, but had port wine and brandy. She was a chum of Ida Whittaker’s once, but not now. She left school a year ago and used to work, but her mother kept her now. She had never represented to men that she was over 16. People would take her to be over that age, however. To His Honor: Was not conscious of anything being done to her in the house. She knew nothing at all except what Ida Whittaker had stated.

At 5.15 p.m. the Court adjourned until 10 o’clock the following morning.