SUPREME COURT

Southland Times, Issue 22471, 6 November 1934, Page 4

SUPREME COURT

QUARTERLY SITTINGS HIS HONOUR’S CHARGE. The quarterly sittings of the Supreme Court in Invercargill commenced yesterday when his Honour Mr Justice Kennedy proceeded to deal with a criminal calendar involving charges against three accused persons. The following Grand Jury was empannelled: Leslie Bertram Hutton (foreman), Alexander Glass, William John Ferguson, Frederick Lange, Hugh Sydney Hamilton Mair, Frank Charles Barham, William Rouse Mabson, George Rathie Baxter, Frederick Bowden, John Morton McCrostie, James Swan Dick, George Washington Dennis, Denniston Cuthbertson, Albert Cundall, Hugh Crawford, Hugh Carswell, John Verdon Carmody, William Harley Boyes and Thomas James Boyce. “The charges which require your consideration to-day involve three persons,” began his Honour in his charge to the Grand Jury. “The crimes alleged are negligent driving of a motor vehicle thereby causing death, forgery, and theft as servants,” he continued. “It is regrettable to find so frequently in this centre that deaths have occurred in motor accidents. In the case before you to-day you will find that a young woman met her death while riding pillion on a motor cycle. The charge is simply one of negligently driving a motor vehicle and so causing death. It is negligent driving to. drive without exercising that care which, in the circumstances, would be exercised by an ordinary, reasonable motor cyclist. The evidence will show you that the motor cyclist overtook on a bridge a car going in the same direction. Doing so, it came in contact with the motor car, and though the cyclist continued on and was not unseated the lady on the vehicle was thrown into the air. fell on to the side of the bridge and died from her injuries. You no doubt will consider whether the evidence before you discloses that the motor cyclist was driving at too fast a rate or otherwise was driving negligently. Then two men are charged with forgery and theft, the charges arising in connection with the administration of unemployment relief by a county council. The Crown alleges that monies were drawn from the bank and certain sums paid to the unemployed workers, but what was not paid was stolen. The charge is not that anyone was underpaid, but that a sum in excess of what was paid was drawn from the bank and that that excess was stolen. It is alleged that false time-sheets were made out and that certain men whose names appear upon them did not work and were not paid and that their signatures were forged. You are men of business and commercial experience and I know you will have no difficulty in following the evidence in these two cases. His Honour concluded his charge by outlining the functions of the Grand Jury. The Grand Jury returned true bills against Charles Martin Todd and Cecil Lawrence Gilbertson (alleged theft as servants and forgery), but, after a lengthy retirement, no bill against Arthur Cecil Hermann (alleged negligently driving a motor cycle, thereby causing death). Probation Granted. Probation for three years, subject to certain special conditions, was granted John Edward Brough Wildey, aged 20, of Lumsden, when he appeared for sentence on charges of attempted breaking and entering by night at Lumsden and breaking and entering by night. The Crown Prosecutor (Mr H. 3. Macalister) said that he had nothing to add to the probation officer’s report. “I propose to take into account your youth and the fact that, to a large extent you made a voluntary disclosure of what you had done,” said his Honour in addressing the prisoner. “Tire probation officer’s report is favourable. It appears that you have not had a very good chance in life. You must learn, however, that if you again come up before the Court it will be the duty of the Court to imprison you. You will be released on probation for three years on the usual general statutory conditions and upon the following special ones: Firstly, that you pay the costs of the prosecution, amounting to £2 18/8, by weekly instalments of one shilling a week; secondly, that you make restitution of the damage done by weekly instalments of one shilling a week; thirdly, that you do not return to Lumsden township or to your own home, except with the permission of the probation officer. There is a special reason, which I need not state in Court, for this condition. And fourthly, that your earnings for 18 months be paid to the probation officer and be disbursed by him for your benefit.” Fixtures to be Made. At two o’clock to-day his Honour will make fixtures in respect to the remaining actions to come before him. SENTENCES AT AUCKLAND. (Per United Press Association.) Auckland, November 5, Two prisoners who had been found guilty of receiving stolen property were sentenced by Mr Justice Fair today. Sydney Gordon Ross for receiving jewellery valued at £6OO, stolen from the home of Mrs Sweetapple, the well-known racehorse owner, was sentenced to 20 months’ imprisonment with hard labour. Norman Harold McCormick for receiving stolen boots valued at £ll received 12 months’ hard labour. The Judge _ said prisoner had associated with criminals in whose house detonators and fuse were found. That showed they were prepared to use desperate methods to achieve their ends. Found guilty of assault and robbery William Keogh was sentenced today to three years’ hard labour and his companion, Robert Reidy, who was guilty of robbery, to six months’ hard labour. Mr Justice Fair said that in July, 1932, Keogh had been sentenced for robbery with violence to two years’ hard labour and a flogging and within three months of his release he had committed an unnecessarily brutal assault. He had considered but had decided not to order another flogging.