SUPREME COURT

Otago Daily Times, Issue 24738, 15 October 1941, Page 3

SUPREME COURT

CRIMINAL SITTINGS TWO CASES ONLY FOR TRIAL The quarterly sittings ol the Supreme Court were commenced yesterday before Mr Justice Callan. Grand Jury The following grand jury was cmpanelled:—Ralph G. Buchanan, James B. Stewart, John McCombie, William Dobson. Robert L. Sligo, John W. Trewern. Alexander T. Robertson Andrew McK. Cameron, John H. McKeefry, Stanley B. Harris. Charles V, Bond. Roy H. Fraser. Alan W. Gray. James Seaton, Thomas F. Basire, Frederick Denmouth, Edward G. Couper. Leslie A. Fisher, James A. Altcheson. Cleveland Birmead, Henry A. Middleton, James A. Henderson, and Alfred F. Beadle. Mr McKeefry was appointed foreman. His Honor’s Address In his address to the grand jury, his Honor said he was glad to tell them that there were only two indictments which would be submitted for their consideration These were against two persons It was satisfactory, and a matter for appropriate congratulation that the amount of serious crime in the district should bo so small. His Honor outlined the duties of a grand jury and said he did not think, after they had read the depositions, that these would give the grand jury any difficultv in coining to a finding in the two cases. In one case a barber in a suburb of Dunedin was charged on four counts relating to an indecent act on a little girl of 10 in his own shop, said his Honor. If the child told the same story as she had told in the lower court, then emphatically the accused should go for trial. What the child had described in the lower court would amply justify the charge which had been brought against him. In. the charge of assault with Intent to rob there was. his Honor said, the usual sort of story very common everywhere—a man getting drunk and another man thinking he might get his money from him. It looked as if the man charged with assault had been drinking, too, but from 'th6 evidence he was much less drunk than the other man. The accused had made his attempt right under, the eyes of a constable, and there had been a struggle. The accused had told the constable that the man being assaulted was an old friend who lodged with him, and that he was trying to take him home. It looked as If the constable had at first believed the story told him. To the sergeant, however, it appeared that the accused had said that he had never seen the other man before, and the man who had been attacked had said that they were strangers. » true Bills The Grand Jury found a true bill in each case. Alleged Assault on Girl John Taylor Burrldge was charged with committing an Indecent assault on a little girl. There were four counts—(l) indecently assaulting the girl; (2) attempted Indecent assault; (3) doing an indecent act Intending to Insult or offend; and (4) assaulting the girl. The accused, who pleaded not guilty, was defended by Mr C. J. L. White. Evidence was given by the girl, a boy, and the girl’s mother. Sergeant Stark said that he had interviewed the accused at the Caversham Police Station in the presence of the girl and her mother. The accused had made no reply to the allegations made against him. He also made no remark when witness said that he intended to charge him ’ with assaulting the girl. The accused had made a statement, and then, after reading it, said: “ This looks as if 1 don't know anything about it." and he refused to sign it. The statement was read to the jury. Constable Brownlie also gave evidence. The Crown Prosecutor (Mr F. B Adams) said that either the girl was right in what she said—that it was by the invitation of the accused, passed to her per medium of the boy, that she had gone to the shop—or the girl’s mother had Invented the story, or the boy had invented his story, or the girl herself had Invented the story she had told her mother. Mr White In his address said that, in dealing with the evidence of young children, they had to be careful and look for corroboration. .They knew the danger of relying on the evidence of a young child when it might have sych an effect on a man charged with an offence. The jury, when a case depended on the evidence of a young child, should require the strongest, corroboration before it would be justified of convicting Counsel said that the shop was' at a tram terminus and was open to customers to come in, and he suggested that the risk a man would be taking in committing an offence such as Burridge was charged with would, in the circumstances, be tremendous. The Crown would have them believe that a man who intended to commit an offence on a strange child deliberately drew attention to himself by calling to the child, with people standing on the footpath waiting for a car. Counsel traversed the evidence and concluded by suggesting that the jury could come to no other conclusion than that the Crown had not proved its case beyond reasonable doubt.

His Honor, summing up, said that there was a danger in accepting the uncorroborated testimony of young children, particularly in sexual cases. Nevertheless, it was in the power of the jury to accept such evidence. If they believed the evidence of the mother, then the evidence of the child was not uncorroborated, but was corroborated. Assuming that the accused was innocent, and that the mother’s story was true, then this little child of 10 years of age was not only a liar, but a liar of such readiness that for some reason or for some motive which was absolutely unknown to any of them she had invented this story to her mother, and with extraordinary rapidity, because it had only been 10 minutes from tjie time she left her home till she returned with her story. If they decided to convict the accused his Honor said he would suggest that they convict him on the second count, but certainly not on the fourth. The jury retired at 10 minutes to 4. and returned at 27 minutes past 4 with a verdict of not guilty on all counts. His Honor: Then the accused is discharged. Attempt to Rob Alleged ' • George Anthony Silva was charged with assaulting Patrick Dee with intent to rob him and alternatively with assaulting the said Patrick Dee. The accused, who was represented by Mr W. M. Taylor, pleaded not guilty. , . Patrick Dee said that on July IS ne had come to town from Mosgiel and had visited a number of hotels in the suburbs, and he remembered coming into town in the evening. Shortly after six o’clock he was at the corner of Rattray street and was advised by a policeman to- go home He thanked the policeman and said he would go home. On his way up Rattray street he received a shove and then found someone on top of him in a right-of-way He called out, Let me up,” but. the man did not seem to take any notice. The man on top of him was holding him and all he remembered was that a policeman came on the scene. He could not say whether it was the same constable who had told him tc go home. The policeman had pulled the other man off him. He was then arrested for drunkenness. The other man was taken with him. He had never seen this man before in his life. He knew who he was noW ( " He was Mr Silva.” Witness added that he had a few shillings left. ' His Honor: I don’t suppose you really know how many shillings you had? Witness. You may be correct, voui How much did you start the day with? . Witness; Thirty shillings. His Honor: What were you drinking that day-handles or half handles? Witness: Sometimes one and sometimes th His° U Honor- Were you sticking to beer or making a diversion into spirits? Witness: Straight beer all day. - His Honor questioned the witness about what money he had when he had had his last drink. Witness; It’s a kind of blur. Cross-examined by Mr Taylor, the witness said he could not say whether he was staggering when he was at the cornel of Rattrav street, but if the ( policeman said he was. “that was right His Honor: Was it possible that this other man was trying to take pity on you and that you imagine this bonid story about him trying to put his hands into vour pocket? , , Witness: I would not like to say that he was robbing mo. He might have been trying to help me. f His Honor: Von must have had a lot ot drink that day? Witness agreed- . His Honor; He seems to say everything J °Coiistable Turner said he had kept the witness under observation and nc nau intervened when lie saw the two struggltng Silva had said that Dee was a friend, but Dee denied that he knew Silva Silva said that this ” old chap has been staying with me and my wife tor the past six weeks, and 1 am lust seeing him home Witness walked away and on looking back saw Silva walking after Dee On Silva catching up with Dee he placed his arms round Dee and pushed him into a rlght-of-wav near the Crown Hotel Dee cried out that he was being robbed, and witness flashed on his torch Dee was on his back with Silva sitting astride of him and striving to put his hands into Dee's clothing. Witness said, ’’ What are yon doinfr here? “ Silva rolled miickly off Dee and sat on the ground. When the two men got on to their feet Dee said. " You have attempted to rob me. It's an old game of yours. You have been at it before." Silva 1 replied ” Nothing of the sort.” Witness

lold Silva that he had seen him assaulting Dee and he took them both to the police station At the police station Doe was charged with drunkenness and Silva with assaulting Dee with Intent to rob On being arrested Silva had two sixpences and a full bottle of beer In his pocket Dee had a shilling, three sixpences and a 3d In his possession. Silva had had drink, but was not drunk. The court will resume the hearing ot ID o’clock this morning,