SUPREME COURT.

Otago Daily Times, Issue 17155, 7 November 1917, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. (Boforo his Honor Mr Justice Sim). The quarterly criminal sittings -were commenced at 10.30 yesterday morning. Grand Jury. Tho following were sworn in:—Messrs James Brown (foreman), George A. Coughlan, David A. Browdie, William G. North, James Y. Love, Leslio Kirkcaldy, James Murphy, Gilbert Leach, Patrick Casey, Neil Galbraith, James P. Simon, Lewis D. Ritchie, William D. Heenan, Thomas Hughes, Walter P. Maodougall, Robert A. Crawshaw, John S. Duthie, James Ohristio, .Androw T. Long, and Charles G. Smith. His Honor's Chabge. His Honor, in addressing tho Grand Jury, aaid that tho calendar comprised fivo cases, and of these tho most serious was one in which a young woman named Walker was charged with tho murder of her infant child. They had tho evidence of Dt Evans that tho child had breathed, and that, in his opinion, with ordinary care it would have lived. The child did not live, and apparently was under tho sole control of the mother, so that sho was in some way or other responsible for the death of the child. Death may have occurred in one of various mays. She may havo deliberately killed tho child, or sho may have been guilty of neglect which resulted in death, or death may have been purely accidental. Where, however, one person was responsible for tho death of another, that death was presumed to bo murder unless there were circumstances which showed that tho death did not amount to more than manslaughter, or that it was accidental. That onus was on tho accused. There was an indictment also against her under scction 194- of the Crimes Act, under which a person was liable to two years' imprisonment for conccalment of birth.

There was another case, in which a yotiTifj man named Ledgerwood was charged with the attempted murder of Ruby M'Knight on March 16. Thero was no doubt that tho girl on that date was wounded in the breast by . a bullet _ fired from a revolver which accused had in his hand. The circumstances under which tho shot was fired l wore described by tho girl in her depositions. She would not be ablo to attend, and the jury would have her depositions before them. In her depositions the girl said that accused had told her that if ho could not marry her no one else would; that he would put a shot through her and one through himself. They had the fact that tho accused had threatened that if the girl would not marry him ho would put a shot through her and one through himself, and they also had tho fact that he bought a revolver on tho afternoon of tho shooting, all going to show deliberation. The suggestion had been made under crossexamination of tho girl that the discharge of the revolver had been accidental. That •was a suggestion that should be left for investigation by a common jury. Then there was a charge against a man nanjed Albert Victor Burrell, who was charged with placing an obstruction in the shape of two posts across a railway line near Duntroon. The posts were found by tho ganger, who reported the matter to a constable. The constable interviewed the accused, who admitted that he had put the posts there. Evidence was adduced in tha lower court to show that the accused was mentally affected. All tho jury had to do, however, was to satisfy itself that the accused had put the posts there. Thero was a charge under the Bankruptcy Act against a man named Townley of failure to keep proper books. The Bankruptcy Act provided that three years prior to the commencement of a bankruptcy tho bankrupt must have kept books of account as were right and proper in his business, and which correctly eet forth his financial position. Townley had gone bankrupt, and the only books ho had apparently m Juno, 1916, when he went bankrupt were a bank pass book, a bundle of invoices, and a statement of accounts from stock agents. These were all the accused had in tho way of books. The examining accountant had said these books did not sufficiently set forth bankrupt's position. They should have no difficulty in finding a true bill against accused. There was a charge against an old man, aged 66, of indecently assaulting a young ,man, aged 18. There should be no difficulty in finding a true bill in that case. True Bills. Tho Grand Jury found true bills in all the cases. PRISONER FOB SENTENCE. Williamson Cowie camo up for, sentence on a charge of forgery committed at Oamaru. Mr Irwin appeared for accused. He said accused was '60 years of age, and married. He had got married recently, after he had understood that tho matter was not to be proceeded with. The offence was committed in June. Tho depositions showed that accused had altered a privilege ticket and travelled with it on a short branch line. The ticket was noticed by the guard, and the accused then paid the price of the ordinary ticket, and the following day wrote to the department admitting what he had done. Nothing seemed to have been done for (l considerable, time, and the department evidently did not think it a sufficiently important matter to warrant dismissal, as accused was still employed by the department. The accused had saved only a few pence by altering the ticket, and had made restitution right away by taking out a new ticket. His Honor said it was rather a pity that a fine had not been imposed by the department, instead of bringing the accused to the court. Accused's act was more a piece of stupidity than anything else. Under the circumstances he thought it would -be sufficient to order the accused to be imprisoned until the rising of the court. MENTAL DEFECTIVE. Albert Victor Burrell was charged with placing an obstruction on the railway near Duntroon. The Crown Prosecutor said there was no doubt that accused placed the posts on the line, as he admitted the offence to the constable. The accused was asked by tho constable on the day following the finding of the posts why he hadi done it, and had replied that ho had acted as he had for spite because ho had been left by tho train at Oamaru the day previously. The accused was obviously not very strong mentally, and it appeared from the medical evidence that he was not responsible for his actions, and was probably not responsible for his action at the time he committed tho offence. Counsel said ho proposed to call formal evidence to show that Burrell had committed the offence, and also to give opportunity to obtain evidence a-s to his mental condition.

Evidence was given by Dr Evans, Herbert Hyland (ganger), and Constable Anderson. Without retiring-, the jury found accused not guilty, on the . ground that he was insane at the time ho committed the action. His Honor committed the accused to tile Seacliff Mental Hospital to be kept in strict custody until the pleasure of the Minister of Justice was known. THE LEDGERWOOD CASE. Mr Hanlon (for the accused) repeated his application (in Chambers) on Monday for the postponement of Lcdgcrwood's trial until the February sittings of the court, He had since liad an opportunity of seeing Dr Allen. He would call him, but ho did not think his evidence would help him very much. _Dr Allen said the girl was a patient of his at the Hospital since she had first been admitted on' March 16. Sh© had been operated on once of twice, and recently had been allowed out of the Hospital for about a month. She had, however, to be re-ad-mitted because the cavity in the lung had filled up with pus, and they had to make a larger opening for the' purpose of redraining it. The patient wa3 likely to go on improving, but these attacks would be recurring. The bullet was still in her chest, and witness thought suppuration would continue until the bullet was removed. There was a chance of removing the bullet. If it were removed the girl would probably get better. _ She was not in a condition to give evidence in tho court that day, and there was not a reasonable chance of her giving evidence next February. While she was out of hospital for tho month sho would not have been able to give evidence. She was in bed all the time at present. His Honor: Do you press your application in view of the doctor's evidence?

Mr Hanlon: Yes, because I feel very strongly that the putting .n of the girl's depositions on a charge of attempted murder will not give accused a fair trial. His Honor said he did not think it would seriously prejudice the trial. After all it was a question of what, in view of all the circumstances, must have been in the mind of accused. TTie Crown might suffer too. It might be to its advantage to have the girl in the box. If there was a reasonable prospect of_ the <rirl giving evidenco in February he might have been juirtified in postponing the trial; but from what ho could gather the position might then just bo the same. Mr Hanlon said as the case would have to go on, he would ask that it be not taken until Monday. The Crown Prosecutor offered no objection, and the trial was then fixed for Monday morning l at 10.30.

INDECENT ASSAULT. Thomas Moffat (an elderly man) was charged with having indecently assaulted John VVm. Martm (a lad 18 years of age) at Dunedin on or about September 14. Thero was a second count charging him with attempting .to commit tho olfenco. Accused pleaded not guilty, and was defended by Mr 11 an lon. Martin and Constable Petera gave evl dcnce. Mr Hanlon addressed the jury. His Honor having summed up, the jury retired at 10 minutes past 3, and returned at throe minutes past 4- with a verdict o: guilty on the firet count. Mr Hanlon said the accused had come to Now Zealand in 1874, and followed the occupation of a farm labourer for some three or four years. Ho then got a situation on tho railway, and stayed there for _ three years. Ho then took up a position in the woollen factory at Mosgiel, and remained thero for 17 years. Having saved a little money, ho took up a farm, and had been on two or three farms in the Southland district up to the present. At the time of his arrest ho was on his way from Invercargill to Christchurch, where he had taken up a little property. He was with his wife, and ho had a family of four, all grown up. During the wholo of hie lifo in New Zealand Jie had never been charged with any offence, and had borne quite a good character. 110 asked his Honor to take accused's previous carocr into consideration, and also tho fact that tho assault was not one of a serious nature. His Honor said ho thought, in view of the accused's age and antecedents, and in view of the circumstanccs of tho case, he would be justified in imposing a fine —the lino would be one of £25, the accused to bo detained for thrco months, or until tho fine was paid. BREACH OF THE BANKETJPTCT ACT, Andrew Townley (stock dealer) was charged with having failed to keep proper accounts of his business. Mr Scurr appeared for tho accused. The Crown Prosecutor said that Townley was charged with a breach of the Bankruptcy Act, section 158. The accused was a stock dealer in a fairly large way of businese for some years. He was mado a bankrupt in June, 1916. His books were called for in the usual way. The accused produced certain documents, consisting of a bank pass book, a bundle of invoices, and a statement of accounts. Tho assignee would tell them that the books and documents did not disclose his position at a!l or his business transactions. He would call Mr Reid (a public accountant) to show that tho documents did not really set forth the accused's financial position. The law was very strict in tho respect that books must be kept, and properly kept. Mr K. N. H. Browne (Official Assignee) said that accused's debts amounted toi!1883, and the assets were nil. From what witness could gather accused carried on a fairly extensive business at Burnside, Mataura, and other places. The books and the documents did not disclose the bankrupt's financial position. He certainly thought that the accused, carrying on business to : the extent ho did, should havo a little more m the way of books than those presented. Cross-examined: Witness said that accused had told him that the New Zealand Loan and Mercantile Agency Company of Invercargill was keeping his books tor him, and that he did not keen books. He had also said that he had appointed the Loan Company his selling agents, and that ne relied on it to keep him posted as vo hie financial position. To his Honor: A cheque book was not forthcoming. Accused operated on his bank balance.

George W. Reid (public accountant) also gave evidence. Ho said that from what he had seen of tho documents it was not possible to obtain accused's business transactions or his financial position. Mr Scurr said that tho accused had put all his transactions of cattle bought and sold through the Loan Company at Invercargill, and that he relied upon it as to his financial position. The company certainly paid money into accused's account in order to make purchases of stock in tho course erf his dealing. Tho stock, having been purchased, was subsequently sold through the company, which received tho money, crediting the accused with cash to go on buying, and that being the position ho did not produce any other books than those produced that day. Andrew Townley said he had been in business as a stock dealer all his life. He was 28 yoars of age. Ho had been operating on his own account for the past eight years. He' returned to New Zealand some three years ago and started business as a dealer, the New Zealand Loan Company, at Invercargill being his agents. For tho past year or 18 months ho practically sold everything through the company. He was surprised to find that his affairs were in a bad condition.

William Gabites (accountant for the New Zealand Loan Company at Invercargill) said his firm only kept books of Townley's business so far as his ordinary current account with the company was concerned.

David Allan (a director of Messrs Wright, Stephenson, and Co.) said very few stock dealers kept books. This applied to farmers also.

His Honor, in summing up, said it was found in the evidence that the accused had not kept proper books which would set forth his_ business transactions or disclose his financial position. The position was that accused had not kept any books at all. The suggestion made on behalf of the accused that it was not usual for dealers to keep books was not an answer, because if dealers chose to run the risk and afterwards got into the Bankruptcy Court it was their ownrisk. The Bankruptcy Act imposed a duty that books of account should be kept which set forth a man's business transactions and disclosed his financial position, and those books must also be books which were usual and proper in that business. Accused's own bank book showed the absurdity of the defence that the Loan Company kept his books. It was not until'- September, 1915, that the Loan Company appeared in the books at all. From September, 1914, to September, 1915, accused was doing business with all tho agents. It was certainly quite impossible for the Loan Company to keep accounts for accused, and the suggestion on accused's behalf that this was so was negatived by the witness Gabitos. On the evidence the accused had failed to meet the case brought forward by tho Crown.

The jury, after a short retirement, -returned with a verdict of guilty. Sentence was deferred.

The court then adjourned till 10 o'clock this morning.