Chief Justice Sits for First Time

Sun (Auckland), Volume III, Issue 656, 7 May 1929, Page 11

Chief Justice Sits for First Time

lengthy list waiting COURT AT WELLINGTON Press Association WELLINGTON, To-day. The quarterly criminal sessions o£ the Supreme Court opened to-day at Wellington, the newly-appointed Chief Justice, Mr. M. Myers, taking his seat for the first time. Addressing the Grand Jury, his Honour said he would have liked, on the first occasion he sat on the Bench, to be able to tell them the calendar was a particularly short one, but, unfortunately, he was not in a position to say that because the list of indictments was longer than at any other sitting during the last few years. It would he an improper inference, however. to assume from that that crime was increasing.

He congratulated the district on the fact that there was not one charge of an outrage against women or children, or any act of indecency.

LIGHT CALENDAR SESSIONS AT PALMERSTON NORTH Press Association PALMERSTON N., To-day. The criminal sessions of the Supreme Court at Palmerston North opened this morning before Mr. Justice Ostler. Addressing the Grand Jury, his Honour said that only three cases were for trial and one for sentence. The record of the district this session was light. The first charge was a serious one of alleged murder, a sad case in which a married woman of Te Huru was charged with killing a four-year-old child. According to the evidence there was no doubt that she did the a,ct. The defence was that she was insane at the time, but that was for the common jury to determine. Referring to the case against a youug man. O'Donnell, charged with recklessly driving a motor-car, thereby causing the death of his brother, his Honour said after traversing the facts that no man should be put on trial on a criminal charge of negligence unless it is of a gross character. It is quite wrong for a man to stand his trial because a human life has been lost through his inaccuracy. Gross neglect means something more than an error of judgment. Referring to the evidence, his Honour said that, although the fact that accused's car continued over a bank might be regarded as* corroborative evidence of excessive speed, the actual impact assisted by the two speeds added together, if it was sufficient to tear off a bumper, might be quite sufficient to upset the steering gear of a light car The question was whether the other party could accurately observe and record accused's speed. If that was considered impossible. and that seemed to be the only evidence of negligence, accused should not have to stand his trial. If the version given by the other party was thought reliable, as indicating an excessive speed, then a true bill should be returned. HEAVY SOUTHERN LIST “REGRETTABLE," SAYS JUDGE Press Association CHRISTCHURCH, To-day. Th« Supreme Court criminal sessions opened at Christchurch to-day. rhe first trial being: that of John Boyd ‘Mark, charged with causing the death of Maureen Doris Mitchell through negligently driving a motor-car in which she was a passenger. In liis address to the Grand Jury, Mr. Justice Adams said: ‘‘lt is a fairly large calendar to be brought before YOU. There are 13 indictments in all against 14 persons. Three of the offences are against children and young Persons, a class of case that one always regrets in our advanced stage of MAORI IN DOCK ASSAULT ALLEGED Th=» first true bill returned by the Cranrl Jury at the Supreme Court to«Ay was in the casa of Edward I-lowell, ;,n . elderly Maori, who pleaded not fuilty to a charge of indecentlv assaulting a Maori girl, aged 12. There was an alternative charge of common assault. • Mr. V. N. Hubble appeared for the Crown, and Mr. Garland for the accused.

The offences wore alleged to have been committed at Turua.