SUPREME COURT

Otago Witness, Issue 3596, 13 February 1923, Page 49

SUPREME COURT

AUCKLAND, February 5. In the Supreme Court, Ellen Elizabeth Elliott, for forgery, false pretences, and uttering, by means of which she had drawn £230 from her husband's bank account, was sentenced to three years’ probation. Mr Justice Stringer remarked that the Government would have to refund the cash paid on the forged signature. Neville John Gale, for theft of money from his employers, the Auckland Education Board, was sentenced to two years’ probation. William Theodore Thomson admitted making a false declaration of having been married before a registrar under the name of Scott. Accused, who was already serving two years for these offences, was discharged on ihe present indictment. Tuhaererea Tamat.i (attempted rape at Opotiki), was sentenced to 10 years' imprisonment, and Norman Selwyn Connelly (breaking and entering) to two years. Alfred Joseph Vance (forgery and false pretences at Palmerston), who is of weak mentality, was ordered to remain on Rotoroa Island. Mary Ann Dizac (receiving stolen property while under the influence of a.crimi nalj was admitted to two years’ probation. February 6. The grand jury returned a true bill against John Finnigan for the alleged murder of Con O’Keefe, fireman on the steamer Tredenham. Summers Heruika Edwards, a half-ca.ste Maori, pleaded guilty to breaking, entering, and theft at various premises, and was sentenced to two years’ reformative treatment. February 9. At Auckland Mr Justice Herdmau sentenced Henry Clifton Falery to two months in gaol on a charge of carrying on the business of a bookmaker, remarking that bookmakers must be made to understand that, the sooner they give up their trade the better it will be. PALMERSTON N.. February 8. At the Supreme Court his Honor Sir John Salmond sentenced Robert Ferguson Hay to nine months’ imprisonment for the theft of a motor cycle at Rangiotu five years ago. The hearing occupied two days. WELLINGTON, February 6. The Supreme Court sessions have opened. Mr Justice Chapman, in addressing the grand jury, expressed regret at the increase in the number of charges. There was, his Honor said, a spirit abroad which had a tendency to increase—at least in the Wellington district -the number of cases coming before the court. Not only was the number considerable, but t.he character of the offences was such as to cause uneasiness. George Robert Kemp was found guilty on several charges of false pretences. It was stated that accused, who conducted his own defence, cashed several cheques in various districts, which were dishonoured. He was sentenced to four months’ imprisonment. In the charge of manslaughter against a nurse at the mental asylum, where a. patient died after being placed in a hot bath, the jury returned a verdict of no bill. February 7. In the Supreme Court Mr Justice Salmond imposed sentences on Harold Augustus Wheeley, attempted carnal knowledge at Kakariki, three years; James lliniri, theft at Foxton. three months; ’ Albert Edward Way, assault with intent to cause bodily harm at Palmerston North, three months: Clive Joseph Noble, attempted arson at Feilding, reformative treatment not exceeding two years. A youth named Stanley Win wood M’Kissick Reid appeared before the ' Supreme Court to-day to answer charges of assault with intent to commit rape, and alternative charges of common assault. The assaults were alleged to have been committed in a reserve at Oriental Bay. Counsel who appeared on behalf of accused said he would not deny the fact that tieid had assaulted five women without excuse. but he maintained very strongly that his intention had not been the commission of such a serious offence as that alleged in the counts. After a retirement, of an hour the jury returned with a verdict of guilty on all the charges, with a recommendation that prisoner should be placed in an institution for treatment. February 10. I In the Supreme Court. Stanley Winwood M’Kissiek Reid, who was found guilty on five charges of assault with intent to commit rape, was sentenced to four years’ reformative detention. Francis Michael O’Keefe and Timothy O'Keefe, for incest, were sentenced to four years’ reformative detention, Mr Justice Chapman remarking: “I don't think any human judge knows how to punish an oflenoe of this sort,”

TIMARU, February 6. At the Supreme Court to-day George Bremner, who came up for sentence on a charge of assault arising out of a street b?awl, was ordered lo pay £5 Ss 8d costs. USING AX ILLEGAL INSTRUMENT. AUCKLAND, February 7. In the Supreme Court Agnes Hill, aged 64. and Jessie Armstrong, aged 50. sisters, and Oswald Jensen, aged 24. were charged wi'h using an illegal instrument on a 17-year-old girl. One witness was a girl who said that Jenson asked hec to find a woman, wdio would get u girl out- of trouble. She alleged that the detective in charge of the ease had told her that if she did not give evidence in support of the chief witness she would be arrested and placed in the dock with the three accused. Witness stated that the detective told her the girl in question was dying, wlie-eupon witness admitted ner part in the alleged affair. Later the detective took her lo the - Detective Office, where he produced Ihe girl’s statement r.nj read certain portions to her. In reply to counsel for Jensen, witness stated that the detective said if she did not hea- it out she would be locked up. Asked if she were not on probation and if the detective 1 ad held it over her as a threat, witness became tearful, and finally nodded in the affirmvti ve. Mr Justice Stringer: Did anything ,ai«l by the detective induce you to maxe any false statement ? , Witness: Yes. I made an ui oireci siatenient. To further questions, witness said she certainly was not a vvilling witness. The detective had told her she was the worst woman in the case, and it was to her benefit to speak out. February 8. .statements made by a girl witness in a in which two women and a man were charged at the Supreme Court with having Unlawfully used an instrument were mentioned when the case was resumed to-day. Senior-detective Hammond gave evidence, and produced a statement made to hiui by the girl and signed by her. None of the defending counsel elected to cross-ex-amine him. lie expressed a desire to make a statement, but his Honor did not think the rules of evidence permitted it. In summing up his Honor said that if the detective had confined himself to stating to the girl the true position: that if after making a statement as to her part in the affair she did not make a clean breast of it she could be prosecuted, his attitude would not have been improper. If the detective had said to her when taking the statement : “You tell the whole truth and we will not prosecute,” lie was quite within his rights. Ilis Honor added tuat he thought it necessary to make these observations in justice to Mr Hammond. ihe jury returned a verdict of guilty against Jessie Armstrong. Agnes Hill, and Oswald Jensen, juu., on a charge of using an instrument. the jury recommended mercy for Ilill and Jensen. Sentence was deferred.