SUPREME COURT

Southland Times, Issue 21000, 5 February 1930, Page 14

SUPREME COURT

SENTENCES AT AUCKLAND. (Per United Press Association.) Auckland, February 3. Several prisoners were sentenced by Mr Justice Smith in the Supreme Court. Richard James Lanigan, aged 26, formerly a clerk in the Lands Department, was sentenced to eighteen months’ reformative detention for theft of £286 while a Government servant. Counsel said that two years ago prisoner’s wife became ill and, faced with bills, he converted two large denomination stamps into cash and went on doing this. “While it is fairly clear that the prisoner is unlikely to offend again,” said his Honour, “I have a duty to the State and therefore cannot grant probation. If I do, it will be an intimation to every State servant with dishonest tendencies that he may take up to £3OO without fear of punishment. I take into consideration, in fixing sentence, that the prisoner has confessed of his own accord. It appears you have been engaging in gambling and that was the cause of your lapse.” James Porter, aged 23, a stablehand, was sentenced to three years’ reformative detention for theft and breaking, entering and theft. Prisoner asked that the term be hard labour, but the Judge declined the request, stating that it would be in prisoner’s interest that he should undergo reformative detention.

Stating/that he had been unable.to find isay extenuating circumstances, the Judge passed sentence of three years’ imprisonment with hard labour on Owen Barber, aged 45, a farm labourer, for bigamy. “The circumstances of your association with this other woman amounts to cold calculating bigamy for which there is no excuse,” he said. “Apart from that you have inflicted grave and serious injustice upon a young woman.” CRIMINAL SESSION AT AUCKLAND. Auckland, February 5. In his charge to the Grand Jury at the opening of the criminal at the Supreme Court, Mr Justice Smith referred to the murder charge arising out of an abortion charge, the woman operated upon having died a month 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 by the Grand Jury was whether there was prinia 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 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 to one of manslaughter. The Grand Jury returned no bill in the case of Nicklis, a music teacher, for alleged carnal knowledge of girl under 16 years of age; of Allen John Gamble, for alleged carnal knowledge of a girl aged 15 years and five months; of Nathan Hart, for alleged reckless driving of a motor truck thereby causing death. No bill was also returned on two of the eight charges alleging theft and fraudulent obtaining of credit by John Albert Roberts. WELLINGTON CASES. Wellington, February 4. At the direction of the Judge, the jury returned a verdict of not guilty in the Supreme Court on a charge against Leonard Maugham, of theft of radio goods and alternatively of receiving at Otaki. A claim for £2,664 damages arising out of a motor accident in which Arthur Lyons, aged 8, was knocked down on the Main North Road, near Tawa Flat, was heard before the Chief Justice (the Hon. Sir Michael Myers), against the Highways Company by whom the driver was employed. It was stated that as a result of the accident, the boy received injuries to arm, brain and leg, and suffered from shock. The claim is for £2500 general damages and £l6O special damages. The case is proceeding. ACQUITTED OF CARNAL KNOWLEDGE. Wellington, February 4. At the Supreme Court R. B. Garney was acquitted on a charge of carnal knowledge and .indecent assault. The jury considered the Department in charge of the girl was lax in not having her examined. Mr Justice Reed remarked that he did not agree with them, and doubted if there was material entitling them to come to such a decision. ABSENCE OF SERIOUS CRIME. Palmerston North, February 4. The Supreme Court opened this morning before Mr Justice Ostler who congratulated the district on its almost complete absence of serious crime in his charge to the Grand Jury. In addition to one prisoner for sentence, there was only one case for trial, a charge of allegedly obtaining a small sun, by false pretences which could quite well have been dealt with in the Magistrate’s Court. The Grand Jury, in returning a true bill, expressed the opinion that it was an unnecessary expense to have the case dealt with by the Supreme Court. His Honour agreed. It was a pity, he said, that the time of so many people must be wasted. He added that the case had been dealt with by Justices in the lower court. TIMARU CALENDAR. ’ Timaru, February 4. The Supreme Court opened to-day before Mr Justice Adams. There are three cases for adjudication, one of alleged murder, one of alleged negligent driving and another of alleged indecent assault. Addressing the Grand Jury, his Honour expressed regret that the three charges were so serious. Referring to the charge of murder against Jack Oldfield, his Honour said it appeared that accused was at the war where he was wounded on the’ head and leg. After referring to domestic matters during the interval between the return from the war and the alleged commission of the crime, his Honour made reference to the murder relating the evidence given at the preliminary trial and said that the Grand Jury should have no difficulty in dealing with the case. Referring to the second case of alleged negligent driving, his Honour said that the outcome of a collision was a fatal accident. The charge was being brought under the Motor Vehicles Act which made it a punishable crime if a person drove a motor car negligently thereby causing the death of a human being. Here again, the Grand Jury should experience no difficulty in arriving at a true bill. In this case, the jury returned a true bill after a short retirement. It is understood the Oldfield case will be heard to-morrow The case of Ernest Peter Henshaw, alleged negligent driving causing death, was the only one taken to-day. It arose out of a motor collision at Windermere near Ashburton on October 7 last. After a retirement of half an hour, the jury returned a verdict of not guilty. " DUNEDIN SESSION. Dunedin, February 3. The quarterly criminal sitting of the Supreme Court was commenced to-day before Mr Justice Kennedy. The Grand Jury returned no bill in the case of Claud Sutton Manners, charged with sheep stealing, accepting his Honour’s direction that the criminal Court was not the place to settle disputes of ownership where there was no fraudulent intent. George McGavin O’Kane pleaded not guilty to a charge of committing manslaughter by killing Stanley Omand at Roxburgh on November 30 last and of so acting while in charge of a motor car that he

caused the death of Omand. After evidence for the Crown had been partly heard the Court adjourned. V CONVICTED OF NEGLIGENT DRIVING. Dunedin,. February 4. The Supreme Court has been occupied for two days in hearing charges against George McGavin O’Kane 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 state, of intoxication in charge of a motor car and by an act of emission relating thereto, he did cause the death of Stanley Omand. ' . : - For the defence it was ‘ contended that evidence for the. Crown was circumstantial and could not be relied upon. The jury returned a verdict of guilty on the second count omitting the word “recklessly” from the charge. Accused was remanded till Friday for sentence.