SUPREME COURT.

Colonist, Volume LIV, Issue 13285, 9 December 1911, Page 1

SUPREME COURT.

NELSON—FRIDAY, D«e. 8, 1911

Before His Honour Mr. Justice

Chapman

James Whiting was charged with, on 28th October, 191 V, having attempted to have- carnal knowledgo "of a girl over the ago of 12 years and under ilu- age of 10 years; and with indecent assault. (.The girl concerned was a daughter of accused!.) Acci3?d, who pleaded not :gui'.ty, was defended by " Mr. A. T. Maginnity.

Mr. C. Y. Fell cunductcd tho pr6sCeutioii.

The case, owinu to th.c revolting nature of tlie evidence,, was heard with closed doors.

The-loll! wing-comprised tinl jury" Messrs. A. niincoe, C. H. Hiinaan

.1. T. Arthur, 11. llentoul, Jl'. J\ Cullen, J. Louisson, A. E. Tile, Vv". Hitchcock. !'. H. Best, A. Stratford. Il'. 11. lSethwaite, and A. Karsteii (foreman).

The hearing of the evidence occupied until four o'clock, and counsel having addressed the jury, IH.s Honour summed up at length.

The jui.r retired at -1.5") p.m. ..! d returned iv o.CO p.m. with a veciiju of guilty on both charges.

Before sentence was passed Mr. Magimiity asked if he might be permitted to ea'l evidonef as to accused's character. Ho sr.id accused had been for a period of 1 ! yoars foreman of the Cit\ Council; he h:id also served in the volunteers for fifteen years, ar.d had been a member of the Fire Brigade.

His Hoi:our said he intended to deal with the acts that had Iven comnii'.ted ;-,n:l nothing clso. In passing sentence His Honour said he had a very painful duty to perform. It wa.s the most shocking case !.(. had er< r heard of. It was obviously true that tho prisoner had tampered with his daughter not only on that occasion but oji other occasions. Prisoner w:\.s "(|'uifo unfit to bo in charge of a family and he would be severely punished. There were so many cases of that kind now that it was his duty to act. with great severity. When it came to cases «!' property lenienfv might ho shown, but in cases involving tho protection of young children it was impossible to show leniency. Prisoner had not only attempted to defile a -tiling girl, but ho had brokell faith with the power conveyed him in having custody of children. Prisoner would bo sentenced to seven years' hard labour.

In regard to .the charge of incest against tho same accused His Honour consented to application . being made ,'o the Ationicy-Ooneral by the Crown Prosecutor for this to bo withdrawn.

His Honour thanked thp jury for the careful attention they had given to the ease, and spoke of the duty of citizens in the protection of tho young children of tho community, and tho Court adjourned until this morning.

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