SUPREME COURT.

Colonist, Volume III, Issue 12723, 15 December 1909, Page 4 (Supplement)

SUPREME COURT.

irSLSON.— AVEDNESDAY, DEO. S.'. Before His Honour Air Justice Denniston. CRIAIINAL SESSIONS. The sittings of t.!v~. "u^re/e r "-^" commet ct-d. " yeFi"vd. ,; .'- heiVi:-;...- ,iHonour Air Justice i Jc :>:: i/i:^:i. THE GRAND JURY. Tlie following were sworn in as the Grand Jurors:— Messrs L.T. Bowden, R. Catley, G. H. Clutten F H. <"ooko, J. A. AY. DicksoiCL. H. Gra3'am, C- A. Green, F. O. Hamilton, C. King, W. G. Kerr, F. I. IfdEpr, A,, P Lucas, J. C. Alercer. J. E. Milner, AY. Aloves, J. AlcEacheri, AA^rTI. Pnco, F, T. Savage, J. Shields, E. .SmallLone, AY A. Smith, AfcKee A\nght,B. Faxon. Mr Cecil King was chosen as foreman. . „. Messrs \V. S. Hampson, .'•. V Fnodgrass, E. F. St. John, and v Simpson were excused. HIS HONOUR'S ADDRESS. Addressing the Grand Jury, His Honour said that there was a fairly, substantial calendar for Ne.son, there j being four cases for trial against four persons, aud three cases in which the accused had pleaded guilty, rre &■■■' not think am- of th- <-r.«v : --. v /' • - the Grand .I'iry ?!/' .pay: .■■ .'.i..--'t' '. } -// : Mc It .not tho tin).;. -,;_ ii;e V/- " • Jury to try tt:/ c-s.'-e: "•'> , : : ; .;' do was to rear tuc /v/.-'.tc ■-^ ; -.0 ■ prosecution, anu if :hey ( '-: ,: •':"•-■',:.'.";'• ', prima facie c^se l-.-.'l bt r-n <■;: .-••■!;- ■•■ •• t-> return a irn- bill, llts u/'^ur ■thrm referred io ihe citartres "agan ? / Albert Charles AVeingott {thoit or a " horse and trap), Louis Schwass (p^;iury), and David La Roche (thsie,;, i -wo 3/ which, he said, presented- any Serious difficulties. The case agams v AVUliam Henry Joseph Kingston, charged with indecent assault on a young woman, His Honor cheractens^d rs an extraordinary one. There were rix counts in the indictment,. but it was quite unnecessary for the jury to distinguish between the counts. The essence of the case was, Had the prisoner committed the. offence without tho consent of the complainant.'' It was weU established law that the consent must be an intelligent one, and not ono obtained by fraud or misrepresentation. On the evidence for the prosecution the accused assaulted the woman under the pretence of curing her of a complication of diseases, but his treatment had far exceeded any= thing that could be reasonable. Certain acts which had been performed by the accused his Honour described as of a loathsomely, disgustingly mder cent character. It would he on the accused person to satisfy a petty; jury that he- was innocent, and that his 111- ' tentiohs were honest. It was not consent if a. person allowed an act to be done under the honest belief that it was necessary. . The Grand Jury then retired.