SUPREME COURT

Taranaki Daily News, 27 November 1926, Page 13

SUPREME COURT

NEW PLYMOUTH SESSION.

CHARGES OF INDECENCY FAIL. The prosecution of Milton Luke Ashby bn five charges of wilful indecent exposure was concluded before the Chief Justice (Hon. C. P. Skerrett) in the Supreme Court at New Plymouth yesterday. After an hour and a half's retirement the jury returned with a verdiet of not guilty, and the prisoner was discharged. When the hearing resumed yesterday morning, accused was submitted to a lengthy cross-examination by the Crown Prosecutor (Mr. C. H. Weston). Medical evidence supporting the submissions of counsel for the defence (Mr. C. H. Croker) to the effect that accused was suffering from a complaint that required treatment was given by Dr. G. Home, and the ease for the defence was brought to a conclusion when evidence as to accused’s good character was given by H. M. Thomson, S. G. Smith, 6. E. Flyger and L. J. List. In directing the jury, Hie Honour observed that there was no question that in the interests of morality and in the public interest the most careful investigation should be made into eases such as were before the jury yesterday. Men guilty of offences of the nature referred to in the charges were a menace to the community. At the same time the matter was a serious one for the prisoner, and in his interests the evidence should be given the deepest consideration. It was his duty to say that under either of the Acts under which the accused was charged, the act of exposure or indecency must have been done wilfully and knowingly if the offender was to be found guilty. In the particular case before the jury there Was no question of mistaken identity. Another circumstance not often present in such eases was that counsel for the accused was not able to challenge the honesty of the witnesses for the Crown. The defence submitted that though what the Crown witnesses said was true, yet the accused’s action was nothing more than the treatment he was giving himself for an affliction ho had caught, and it was during this treatment that careless exposures were made that could be seen through the window of his room from out on the street. He would call the particular attention of the jury to the evidence of the adult ladies. Did the jury think that the evidence these ladies gave was consistent with the explanation by accused that he was applying soap or vising lotion? He wanted to ■point out that the affliction of the accused was not inoonsistent with the Crown’s ease. With regard to the evidence of character, he felt it was of a certain value in a case such as was before the Court. If the other evidence was at all doubtful, it would be hard for an accused person- to be punished .after living a good and honourable life. In conclusion, he would remind the jury that by their deliberations ami decisions they, set the moral standard of the community. They had their duty to society, their duty to their oath, and a very grave duty to the prisoner to see that no injustice was done. The jury retired at 2.45 p.m,,. and returned after an hour and a quarter's deliberation with a verdiet of not guilty. The prisoner was accordingly discharged. GUILTY OF SERIOUS OFFENCES. MAN REMANDED FOR -SENTENCE. On nine charges of indecent assault on males and one of attempted assault, John Alexander Owens was found guilty by the jury after a brief retirement, and the prisoner was remanded until 10 o’clock this morning for sentence. Accused pleaded not guilty, and the following jury was empanelled: M. G. Nasmith (foreman), C. A. P. Wood, A. Parrish, W. K. Luscombe, F. E. Rogers, M. McCarten, A. J. Lees. W. S. Knuckey, J. H. Parson, H. H. Edgecombe, W. if. Wood and A. Sinclair.

Evidence as to the committing of the assaults on the farm near Stratford where the accused worked was given by a number of small boys concerned. Accused was not represented by counsel and made no defence except to give a complete denial that he committed the offences with which he was charged. Before discharging the jury after they had returned their verdict, His Honour stated that the prisoner had already served a number of years in prison for similar serious offences. He. was undoubtedly of affected mentality and was p menace to the community while at large.

PRISONERS FOR SENTENCE. CASES FOR HEARING TO-DAY. This morning at 10 o'clock Ambrose Fowler, Albert Fowler, William Fowler and Albert Graham, will come up for sentence on various chargee relating to the theft of goods from Taranaki stores and a Bay of Plenty motor garage. The hearing of the criminal eases on the calendar is nearing completion. -Samuel Julian, who was' found guilty of making a false -statement and bigamy, and John Alexander Gw-eiis, who was found guilty of indecent assault, have yet to be sentenced. This morning the -Court will proceed with, the hearing of the chargee against Colin Leighton of alleged unlawful conversion

of auctioneer’s proceeds (seven charges; and alleged failure to pay proceevls (seven charges). The only ether criminal cases for trial are the charge against Fisher Kapa of carnal knowledge of a girl under 16 years of gge, and the charges of arson (three) and theft against Harris Spence, which will be heard in that order.