SUPREME COURT

Poverty Bay Herald, Volume LV, Issue 17176, 5 February 1930, Page 12

SUPREME COURT

AUCKLAND SESSIONS MURDER CHARGE REDUCED (Per Prosß Association.) AUCKLAND, last night. In his charge to the grand jury at the opening of the criminal .sessions of tlie Auckland Supreme . Court to-day, Mr. Justice Smith referred to a murder charge arising out of an abortion charge. the woman operated upon having died a inontti later, on .January 22. He said the law stated that such a killing amounted to murder where the accused person knew, or ought to have known, that an illegal operation was likely to cause death, even though the accused person might have desired that her object should be accomplished without hurting anyone. The test to be applied toy grand jury was whether there was prima facie evidence from the circumstances that the accused woman ought to have known that what she was .doing was likely to cause death. If the grand jury did not find this, it might recommend that the Crown should reduce the charge to one of manslaughter. On the finding of the grand jury, the charge against Maud Herbert of murder arising from the performance of an illegal operation, was reduced lo one of manslaughter. The grand jury returned "no bill" in (lie cases of Nicklis .Music, alleged carnal knowledge of a girl tinder 16 years; Allan John (lambic, alleged carnal knowledge oB a girl under 15 years and 5 months; and Nathan Hart, alleged reckless driving of a motor truck, thereby causing death. A "no bill" was also returned on two of eight charges alleging theft and fradulent obtaining of credit by John Albert Roberts. DUNEDIN SESSION NEGLIGENT DRIVING CASE (Per Press A«Bonatinn.) DUNEDIN, last night. The Supreme Court has been occupied for two days in hearing charges against George McGavin O'Kaine, of having, on November 30 last, committed manslaughter) by killing Stanley Omand; with recklessly and negligently driving thereby causing the death of Stanley Omand; and that, while in a slate of intoxication in charge of a motor car, and by an act of omission relating thereto, he did cause the death of Stanley Omand. For the defence it was contended that the evidence for the Crown was circumstantial, and could not be relied upon. The jury returned a verdict of guilty on tho second count, omitting the word "recklessly" from the charge* Accused was remanded till Friday for sentence. TIMARU SESSION (Per Press Associatioti.) TIMARU, last night. At the Supreme Court to-day the grand jury returned true bills against John Oldfield, alleged murder, Ernest Peter Henshaw, alleged negligent driving causing death, and Charles Allfrey, alleged indecent assault on a young girl The case of Henshaw, which was the only one taken to-day, arose out of a motor collision at Windermere, near Ashburton. on October 7 last. After a retirement of half an hour tho jury returned a verdict of not guilty. PALMERSTON NORTH SESSION (Per Press Association.) PALMERSTON N.„ last night. After a short retirement the jury in the Supreme Court today found Angus Gordon Foster, marrier".. h salesman, of Wellington, guilty of * charge of false pretences by issui-ig valueless cheques, and Mr. Justice 'Jst'-w imposed a sentence of three n>'aitb«' hard labor.