SUPREME COURT.

Timaru Herald, Volume CXXV, Issue 18259, 8 May 1929, Page 7

SUPREME COURT.

WELLINGTON SESSIONS. OPENED BY NEW CHIEF JUSTICE. By Telegraph—Pros* Association. WELLINGTON, May 7. The quarterly criminal sessions of the Supreme Court opened to-day. the Chief Justice (Hon. M. Myers), taking his seat, for the first time. Addressing the Grand Jury, he would have liked, on the first occasion, he sat on the Bench, to be able to tell them that the calendar was a particularly short one. but unfortunately he was not in a position to tell that that, because the list of indict.ments was longer than at any sitting •during the last few years. It would be ah improper inference, however, to assume from that that crime was increasing. He congratulated the district on the fact that there was not one charge of outrage against women or children, or any act of indecency. True bills were returned in the following cases:—James Smith (alleged intent to do grevious bodily harm, allegedly doing actual bodily harm; Sue Wah "(alleged theft); John Sharp (alleged receiving of stolen property); George Wilfred Ryan and Richard Ryan (alleged theft of postal packets); Eric Gordon Brassey (alleged false pretences); William Worsley (alleged perjury); Corneille Hubert Demey Balkemade (alleged theft, three charges); Thomas Gordon, George Wilfred Ryan, Richard Ryan, and Hewitt Allan Capon (alleged breaking, entering and theft, and alleged arson).

JURYMEN FINED. By Telegraph —Press Association. WELLINGTON, May 7. At the Supreme Court to-day one of the jurymen was fined £5, and another £2, for failing to appear before the Grand Jury was discharged. Mr Meadovcroft, the foreman said, he had been directed by his fellow jurors, to convey congratulations to His Honour, on his elevation to the high position he now occupied, and to express appreciation of the clear way in which they had been directed in regard to the cases they had had to consider. His Honour thanked the jury for their kind congratulations, which he appreciated, and he also thanked them on behalf of the country for their services, REMANDED FOR SENTENCE. In the Supreme Court to-day James Smith, a young man was found guilty of doing actual bodily harm to John Leef, a ship’s reman, on January 25, by striking him over the head with a beer bottle. On the major clus-ge of assaulting Leef, -with intent to do grievous bodily harm, he was found not guilty and remanded until Monday for sentence.

CHRISTCHURCH SESSION. MOTORIST CONVICTED. By Telegraph—Press Association. CHRISTCHURCH, May 7. John Boyd Clark charged at the Supreme Court to-day with having caused the death of Maureen Doris Mitchell, by negligently driving a motor car on March 31st, vras convicted and remanded for sentence. The jury added to the, verdict a recommendation for leniency. A party of four, two young men and two young women, who had been at a dance in the evening of March 31st, left in accused’s motor car to go to supper. It was a wet night and the pavement was slippery and visibility bad. At the turn from High Street into Manchester Street, the car skidded and struck a post and overturned. Miss Matched was thrown out and killed, while the other male passenger, Cecil Spence Penlington, a solicitor, was seriously injured. The case against accused, was that he drove the car negligently and at a speed, which under the conditions obtaining was dangerous. It was not suggested that either the accused or any of his companions had taken liquor. Several witnesses gave evidence as to the speed of the car, and all agreed that the speed was dangerous in the circumstances. Herbert Roland Isaacs, a shop manager of Dunedin, who arrived on the scene “‘immediately after the accident, claimed to have had experience of racing motor cars and he said, that Clark’s car had started with a two wheeled skid, and developed a four wheeled skid. He estimated from skid marks of wheels on the pavement, that the car must have been travelling more than 40 miles an hour.’ No evidence was called for the defence, The jury deliberated for nearly an hour and a half, returning a verdict as stated.

NEGLIGENT DRIVIING. DEFINED BY JUDGE. By Telegraph—Press Association. AUCKLAND, May 7. Of sixteen indictments to be considered at quarterly criminal session 01 the Auckland Supreme Court, which opened to-day, lour relate to alleged negligent or reckless driving, so as to cause death. In his charge to the Grand Jury, Mr Justice Kennedy made special mention of the new statutory provision for dealing with cases concerning motorists and commented on the degree of caution that might reasonably be expected of drivers on the public highways and he said the charge as it was iaid against the accused was a new statutory offence, replacing charges that formerly came under the heading of manslaughter. In each of the three cases for consideration, the per- j son accused was the driver of a motor car, and in the remaining case I he was a motor cyclist. I “What is negligent driving?" asked ] His Honour. “It is driving without : taking that care which ordinary careful motorists would use, when driving on the open highway and the standard of care is the standard which an ordinary man, reasonably regardful for his fellows, would use when driving. The motorist is not bound at his peril to use every conceivable care, but he must however, exercise that degree of care, which an ordinary 1 careful and reasonable man would use, in the circumstances. He does not fail in his duty if he neglects to exercise that care which an unduly, fussy individual may use. The test is! that standard of care which an or-j din ary reasonable man would exercise.) Neither does it follow that because there has been a death, that the survivor is necessarily a reckless or neg- j ligent driver. You have to consider 1 then, the circumstances of each case and you will be careful to apply as far as you can, the proper standard, namely a standard of care of an ordinary reasonable man. You will not make the standard too low, and you will be careful not to make it too high, simply because there has been an accident.”

PALMERSTON NORTH SESSIONS. i 8 o • I THE JUDGE’S CHARGE. I • I C By Telegraph—Press Association. g PALMERSTON N., May 7. R The criminal sessions of the Supreme Court opened this morning. g Mr Justice Ostler, addressing the £ Grand Jury, said there were only three cases for trial, and one for sentence. f The first charge was a serious one, alleged murder, a sad case in which a married woman of Tehoro is charged with killing her four-year-old child. ' According to the evidence there could - be no doubt but that she did the act. 1 The defence was that she was insane t at the time, but that was for the com- 5 mon jury to determine. : Referring to the case against aI >■ young man. O’Donnell, charged with allegedly recklessly driving a car there- j by causing the death of his brother, < His Honour said, after traversing the facts, that no man should be put on ■ a criminal charge of negligence unless < it is of a gross character.. It was quite wrong for a man to stand trial-because • a human life had been lost through his inaccuracy. Gross negligence meant something more than an error of judgment. Referring to the evidence, His Honour said that although the fact that the accused’s car continued over the bank, that might be regarded as corroborative evidence of excessive speed. The actual impact consisted of the two speeds added together. If sufficient to tear off the bumper this might be quite sufficient to upset the steering gear of a light car. The question was whether the other party could accurately observe and record the accused’s speed. “If that is considered impossible —and that seemed to be the only evidence of negligence—the accused should not have to stand his trial.” If the version given by the other party was thought reliable, as indicating excessive speed, then a true bill should be returned. The Grand Jury returned true bills against Agnes Simpson Mickell, charged with murder, and Percy Vallender, charged with indecent assault. No bill was returned against Maurice Clement Albrey O'Donnell, charged with recklessly driving a car thereby causing the death of his brother. Without retiring the jury returned a verdict in accordance with the evidence given by three medical practitioners in connection with the charge against Agnes Simpson Mickell, of murdering her four-year-old child at Te Horo. ( The jury was called upon to decide whether accused was able to answer the charge, and replied: “We find that accused is insane, so as to be unable to plead to the indictment.” His Honour directed that accused should be kept in strict custody at the Porirua mental hospital, until the pleasure of the Minister of Justice is known. | Medical evidence was given by Dr. Russell, deputy director of general mental hospitals, that accused was suffering from acute melancholia, and it was not desirable for her to appear in Court. Evidence of the other doctors was then given that the accused was insane and not responsible for her actions, and the jury gave its verdict as above. JUDGE’S STRICTURES. By Telegraph—Press Association. PALMEERSTON N„ May 7. “It is a pity you did not think of I the disgrace which you were bringing j on your respectable relatives before you I did this. Luckily for you the police 1 record of your character is good. I 8 am going to give you -a chance, but a people don’t get two chances, so don’t a offend again,” said Mr Justice Ostler, I to Claude Coward (2D, when admitI ting him to probation on a charge of I breaking and entering by night with | intent to commit a crime at Danne- | virke.