SUPREME COURT.

Colonist, Volume LXII, Issue 15243, 3 December 1919, Page 2

SUPREME COURT.

NELSON-TUESDAY, DECEMBER 2.

(Before Mr Justice Hosking.)

There- was only one criminal case set down for hearing at the Supremo Court vestevday, viz., a charge ci bieakuig ana entering preferred against a girl named Dorothy Hazel Miller The following was the Grand J my.— Messrs W. J. Moffatt (^^^jA *[• Leaper, H. H. Kellmg, James; lU>beit«ton W. Houlker, W. J- iNorgate, H. I*. Son. H. Braddell. jfl. H. W. T. Brundcll, J. Tart, T. li. Holland W \ Roughton, B. Trathen. R. Latlej, C ' li. Chamberlain, A. Brown, C. Aillner, It Louisson, and F. H. -betnWtAddrcsliug the Grand Jury .His Honour sad they had the good fortune to aye only a little business to take charge o There was only one case toi consideration, and it did not involve anything of a difficult character. UeAelYon and Blenheim circuits seemed to be singularly free from serious ci«, vhich was a marked contraisd to was found in the more populous cities n The North Island. He hoped tnat th a .tnte of .-flairs- would continue. His. HoSmV. then referred to the oimmi- ' stances of the charge P"* 6"B?**?^ tne accused and said it was tor the, ju J to consider whether m uused went on the prem sos with intent to commit a crime ov not. If they were satisfied that she did they should bring in a true bill. ALLEGED MURDER.

tion with the death of Ruby Friede Sandel, which had been adjourned from the previous sitting of the Court, was nest caiieu. The Crown Prosecutor-(Mr C. R. Fell) •. iiiLiiii....w.i ■.iviu Lha Crown did not intonci tu,piocerd with tne charge. ii.is tivi.tiW, adtfessing accused, ex-;pi.i-ii-.>j j..ii, vh.s ciiU not necessarily nivUMi ~..r. Lhe Crown did not intend to proivL'd lurtnor. iva« now at u00;.,,, '.iiL if furfcuer evidence arose, and tho Crown considered they wero . .. ~ ■>: ,;r.';civj.u«g, luoj could do so. It was not iike a discharge after aver- , BlliO.^ivJ^G AjXD iL.Si.^i.dXG. i ; I rj.i.e Jury having returned a ' i trin.' o.ii. :.>L.i'i)tln ijiizei .u.iller, aged io | years, a;ks charged thai she did on ;AugUot L'-lUi. lyii), at lNCisou, by day,: ' : i,i\a,L ~-Ki enier tho shop of J. Wood ''and Sijns, Jjt.'l.. Bi'itigo fetieot. wit a iv-; j tent to commit a crime—to wit, theft. | ', -ur _. !.t. !(cii (.;_.rou (i Prosecutor) ap-i ' \ peared for tlie Crown and Air \V. C. ! ' llarley for accused, who pleaded not! ' g1i11.... . : The jury comprised Aiessrs S. P. ; Lang P. Is. JXewporfc, A. i. • Robson, T. Miiroy, T. \v. ilargroavcs, L. m.. Januesun, ii. i. liannan, li. '• ;-.-ieat;jn, x\. iv. iiurbrKlgo, G. V. ±)cv, G. E. VVebloy, A. li. Inglis. | Mr r'eli brieily opelicd the caso and I■■ cf.li:-d 01.o1. ideiice. 'i i'ji-nest .Alfred V/ood stated that ha \ • i \-,"Ciit tv i-lit::»• siiop in iMidgo street at ;' J. i.-.i-,;. n ■/uiid.iy, AugusL last. Ac- ; cused lived in aside street no tJio back j 'it 1,0 sm.p. Un enterjiig the shop no j ■ heard the sound of someone running, 1 | ami ioi.i--.iiig cua the back door, he saw ■ accusal getting over a dividing fence. | 1 I i-u- it.;l. wi-d and saw accused on the! 1 j.oi'-her 'skk- of tiio fence, lie called to I 'ilht, '"Now I've c;n:g:it ;>ou." olio . domed iu>vin^ been in lite .siiop, and i i.lic:n ra" home. A do-.j/ at th.o back of! 1 [ tho siiop was open. Whosi Mie shop was! '. ch.Lsr:;i i;n htuarday all <iooi's and win-1 tlows vvei'd fiisti.'jicd. .-.. o went to at:-i ' cu.stnL;.-. pi.-;Co yr.id again t-unrgyJ her in ! , lie pro.;.:::co of her gt;:i!<lim;!:i!sr, 'biit Ki:>.x r!.■ '.-i.:-.v.! iia»"j;:g boc.'ii m Li:e siiop. iv.iiK'!) vViiiii. ior ;,ne jjuij.:^. Ct-iistabn.:! ■ .'■.:..•■:■;■.. < .:'.<\>.\ iiiio. :i;.-ci!.- ■■-•.[ :>g::.:ii deiiiiid J having l)0i!n in the shop. vonsiauiv ■ Ku.-:■■•>!! iiispectctl thn ,'>r^inLso.i to iiUt. I wiicro eiitj-ajice ciuiid iuu o hi^'.u cii:ectcu. :;. n-.i i'ij'.i.-i'i i-iiat a v, iiidow i:t tii;> men ; : oU'S'-iiii;..'; rnoMi had boon Lamperou wait ■ a boai'.'l >'. !:i'--ii way via c-r-ii-g a broken 'p;!iio of gi;js.s having becsi urcken uwaj. ■'5 hi'- ,-. i-.tduw c:ufii 1, -i,i iuH'ii (jpeaca. Tl'.ey Liirn !;roi:ghi- accasod and he:1 . grandi'iolhor to the tAiv\> and tho formoj ' was iiu-erriewod by tho constable. n: the siu,-p after the interview, accused acknowledged that slit: had boon in the shop. In reply to witness accused san. she did not know what she had been after. | Uerbcrt H. Russell, plain clothes con i stable, stated that on 24th August he accompanied the previous witness to ins shop and to the residence of accused. After denying that she had been in the shop, accused said that she never took anything, having heard someone at tiio front door. She 'Showed him where she I had got in and the door she went out. j She then admitted that she was in tho ' shop when she heard the previous witj"ness come in the frontdoor. In addressing tho jury Mr Harley saiu it was not denied that accused was m the shop, but it must bo proved that she was there with intent to commit a crime. He submitted that she broke into the shop out of sheer curiosity, combined with a certain amount of mischief. The opportunity of getting into a big shop v, .>- .iTe.bisLii.iie. iae, pointed out the seriousness of the charge,'especially fo> a young girl, and said that unless the jury were satisfied that she 'broke into the shop with intent to steal they must find her not guilty. In summing up His Honour said itwas unfortunate that a young girl of 16 years should bo before tho Court. Although young it- was their duty, and his duty, to' deal with the evidence and for ! the jury to decide the case on the cviI donee as it appeared to them. Because she was young, it would not be proper for tho jury to say she was not guilty. Youth and other circumstances were always taken into consideration by the judge ir. imposing any sentence or othervke dealing with a peraovi It was one of those cases where tho judge's disicretion would do what the' jury ought not to do—that was to let the accused off because she was young, it was not enied that the girl got in by the window. If the door and window had been open, the accused might have been tempted to go into the shop, but in this case a board protecting the window was broken away m order to gain admittance. After a short retirement tho jury brought in a verdict of guilty, with a recommendation to mercy on account of accused's youth. His Honour deferred the passing of sentence until this morning.