SUPREME COURT.

Otago Witness, Issue 3833, 30 August 1927, Page 27

SUPREME COURT.

GISBORNE, August 23. Four youths—Sydney- Peter GreenThomas Newton, Thomas Graham, ana Richard Leech,—who were connected with a series of thefts and burglaries during the past four months, were sentenced byMr Justice Ostler this morning. Leech, who had previously been in the Borstal Institution, was ordered to be sent back there for a period not exceeding five years. Green was committed to the Borstal Institution for three years, and Newton and Graham were placed on probation for two years. WANGANUI, August 26. Ruby Stuart, of Ohakune, was admitted to probation for 12 months at the Supremo Court to-day, for falsely stating that she had posted a letter containing £2 14s to a Palmerston North resident, payment for some fowls. She was also ordered to pay costs (£7 3s). Thomas Henry Gardner and Thomas Gardner .lordan, who shot a bullock owned by Frederick Nicholl, of Rangataua, and skinned it, dividing the meat, were fined £5 each, and ordered to pay costs (£4 12s). They had also paid the owner £l2 for the bullock. They were out- shooting wild pigeons at the time, and Jordan shot the bullock, INVERCARGILL, August 23.

The Supreme Court sittings opened before Mr Justic Sim. There are eight cases, the most serious being the charge against Tryphena Clifford Rae of murdering her four children on April 11. His Honor said the only- question was whether the mental condition of the accused was such as to make her criminally responsible. Referring to the case of Andrew Moffatt, charged with negligently driving a motor car, and so causing the death of J. A. Keith, his Honor said: “I confess I cannot understand why Moffatt was ever committed for trial. So far as I can see, there is no evidence of negligence at all. ' It would appear to have been an accident pure and simple. Merely because a man happens to be in charge of a car which capsizes, and as a result of which a man is killed, is no reason why he should be arraigned for manslaughter,” He suggested that the grand jury should not return a true bill.'

Tryphena Clifford Rae. on a charge of murdering her four children on April 11 at Kaiwera, was ordered to be detained in a mental asylum. George Gardiner, on a charge of robbery with violence at Bluff, was acquitted. In the the case of Andrew Moffatt, for alleged manslaughter, the result of a motor accident, the grand jury- returned no bill. August 24. In the Supreme Court, before Mr Justice Sim, Anthony M'Haile, a seatnon, who was convicted of causing actual bodily harm to a fireman named Power during a drunken brawl, was fined £2O. Robert Baird, for stealing a cheque for £ll and for forgery bv signing tho endorsement. was released on probation for three years. George Scandrett, senior sergeant of police, v.-as charged with perjury by swearing that he was not a partner in a mining venture. Mr A. C. Hanlon, for the accused, said that the statement was absolutely correct. The accused’s wife had put the money into claims, and the accused had gradually taken up the reins, as any man might do for his wife. The jury* after a retirement of four hours, failed! to agree, and a new trial was ordered fo» to-morrow.

August 25. In the Supreme Court, before Mr Justice Sim, Walter Yelds, aged 40 years, married, was convicted of attempted carnal knowledge, and was ordered to be detained for reformative purposes for three years.

George Scandrett, senior sergeant of police, appeared on a charge of perjury. On the previous day- the jury disagreed, and a fresh trial was ordered. The jury again failed to agree, and a retrial has been ordered for the next sessions of the Supreme Court. John Francis Magneil and William Alexander Phillips, who were convicted of the theft of a case of brandy at Bluff, were sentenced to 12 months’ imprisonment, with hard labour. WELLINGTON, August 27. Trevor John Cameron (aged 21, who pleaded guilty to two charges of arson), Ernest Llewellyn Jones (aged 20, who pleaded guilty to arson, attempted arson, cutting telegraph wires, and placing an obstruction on a railway line), and Richard Dennis Reichenbach (who pleaded guilty to cutting telegraph wires), all the offences being committed at Palmerston North, appeared before Mr Justice MacGregor n tho Supremo Court for sentence. It was stated that the names had been previously suppressed on account of a doctor’s certificate that two of the accused were subnormal. Mr Macassey, the Crown Prosecutor, said that the parents of Jones and Cameron had lost al] control over the boys, and there was no doubt that they were a very serious menace to the public. His Honor saw no reason to suppress any of tho names. Jones, he said, was tho ringleader, and apparently had more initiative and more mentality than the others. Ho committed him to the Borstal Institution for a period not exceeding three years. Cameron was similarly dealt with, and Reichenbach was admitted to probation for two years on payment of £3 towards the* costs of tho prosecution. Frederick Edward Rowse, aged 22, and Harry Janies Edkins, aged 36, for the thefs of bicyles at Palmerston North, were sentenced to two years’ reformative detention.

Cyril Frederick Goodreds, a clerk, aged 31, for tho forgery of a document purporting to make him a Health Department, inspector, was ordered to come up for sen-' tence when called on within two years.