SUPREME COURT.

Colonist, Volume LVII, Issue 13825, 21 July 1915, Page 2 (Supplement)

SUPREME COURT.

NELSON.—WEDNESDAY, JUNE 16.

Before His Honour Mr. Justice Chapman. ( The usual circuit sittings of the Supreme Court commenced at. Nelson yesterday. THE GRAND JURY. Grand Jury was called as follows :—Messrs. W. Challies, P. H Wright, A. Robertson, H. C. Date, H. Croucker, C. Kershaw, J. F. Childs T. Turnbull, J. F. H. Wood, G. Hogg G F. H. Dee, E. F; B. Waters, C.ti Green, H. J. Harris, R. Louisson, W. Lock T H. Holland, A. Malcolm, H. M. lield, A. A. Grace, A. Lulham, R. G. Gilbert, L. W. Kerr. Mr. h! J. Marris was chosen as foreman. HIS HONOUR'S ADDRESS. rJ?>IST f onour > .\ n ,his charge to the Grand Jury said that he had to congratulate them, as he had done on many occasions previously, on the absence of crime in this judicial district, liie district was a large one, and was expanding and becoming more populous, yefc session after session there were although there, was only one bill, im fortunately it was due of a very objectionable character, but the jury could SS. tteir duty witbottt ™y™™Z ALLEGED INDECENT ASSAULT. After half an hour's retirement the Grand Jury returned with a true bill against James Francis Rogen, who was charged on three Vomits that, bein° a male, he did indecently assault another male on certain dates viz December 26th, 1914; on 12 fch February, 1915; and on 10th. March, 1915 (in chambers, before the hearing of the case, the question of the separation or the counts m the indictment was considered, also the admissibilitv of certain evidence. His Honour decided that the counts should not be separated and that the evidence should be admitted, with the reservation that a case might be stated foi : the Court of Appeal.) fnr^h °h R- Fe" the case toi the Crown, and Mr. J. B. Callan ]un. (Dunedin), with him Mr. J p' Hayes appeared for the accused, who pleaded not guilty. The following jury was empanelled: Messrs F Sowman (foreman). E. A MwardsE Hewlett, B. Johanson, P Stone, M, Bruce, W. Beach, C. W Tlards'^- nd J- M- W- Stainea. CniJ F U ~ .Ter? exclu^ed from the Court during the hearing of the case. Ihe offences were alleged to have been committed by accused on boys I? TrSnfs atstoke-^o^ Several boys gave evidence, alleging uith Sn?" had improperI * »terf^

For- the dofer.ce, the accused gave evidence on his own behalf, denvin- the WBe*V nd alleginff * consplraov against him among the boys. Several other witnesses, inmates and ex-inmates, stated that they had never seen or heard of accused misconducting himseJi. . to

m,Thc' l^ vi<le n nce was concluded late on -Mir&day afternoon, and Mr J B Lallan, of: Dunedin who, with Mr j' «.. Hayes, appeared for the accused now addressed the jury, occupying two i> OU£ Sm Tho Crcuvn ProscmtSr (Mr C. It. lell) followed, and occupied 35 minutes.

After luach Hi's Honour sifn-med up, and_ at 2.45 the jury retired, re-turning at o o clock with a verdict of guilty on. the first count, i.e., for the offence committed en December 26th, ]914. In reply to t]io nsua.< question, 'the prisoner said he had nothing to say why sentence should not be passed upon him, bin; Mr Callan on his behalf, referred to the legal points he had raised in regard to taking the counts together and the admissibility of certain"' evidence, and flis Honour risked counsel to set forth his argument in writing. Addressing the prisoner, His Honour said that he was very torry to see •i man who in the past had born© a good character, in tho position in which the prisoner found himself. There was only one v. ay for him (His Honour) to perform his duty. He had had cases of the kind Mid dealt with them before ; he saw no difference between the prironer's case and such cases. The jury had exercised the greatest care in investigating the case, the prisoner had been ably defended, and the case had been pu+ by the Crown with the greatest fairness. On the evidence given the jury h^d come to the conclusion that the prisoner was guilty on the first count "You wore in a position of trust." said His Honour. "rour supremo duty was to act as guardian of those boys, and to sue, as far as possible, that they were protected' against such practices and the consequences oi: imcli practices as you have indulged in. You have broken that trust. To my mind, it is a. greater offence in a schoolmaster or person in the position of schoolmaster or guardian of boys than in anyone else, and for even this reason only I regard it as a caso for very severe punishment indeed. I can only justify my duty to the public by passing on you such a sentence as will have the effect of warning persons in your position against such unnatural practices as you have indulged in. You are sentenced to imprisonment with hard labour for ten years." His Honour thanked the jury fov their attention to what he- described as o very painful case. He was satisfied that they had ' investigated the caso with the greatest care, that they had cautiously*" weighed the evidence and had come to the correct conclusion. Regarding the other counts, they were ••ruite right to give effect to any doubt they Wight have had. Ho again iiiahkeA them for their attendance, and they were' discharged '