SUPREME COURT.

Star (Christchurch), Issue 10767, 13 May 1913, Page 4

SUPREME COURT.

CRIMINAL SESSIONS. Tuesday, May 13. (Before his Honor Sir Justice Denniston.) The criminal sittings of the Supreme Court wero resumed to-day at 10 a.m., Sir T. \V. StringfM", K.C'., conducting the cases for tho Crown. A CHARGE OF PERJURY. SEQUEL OF A TRAM ACCIDENT. Eugene Allen wns charged with having, on April 7, 11)13, at Christchurch, committed perjury in evidence which ho gave on oath before Mr T. A. B. Bailey, S.M., Coroner, touching the death of ono Evelyn Edith Coombes, by falsely swearing that when .she fell from tho car it was three poles distant from the stopping-place.

Sir Raymond, with him Sir Anthony appeared for the accused, who pleadea not guilty. In the course of his address to tho jury, Sir Stringer read the following letter, written and signed by accused: "I, Eugene Allen, this evening of tho 14th instant, being in a calm mind after coming through tho most awful mental strain these last few days that I have ever experienced, far worse than all the agonising bodily physical paina I have experienced during the various times I have been racked and tortured with rheumatic fever and muscular rheumatism sinco I was four years of age up to three months ago, when I went through nearly six months of rheumatism which left my nerves very bad and also weakened my already weakened hop-rt, do hereby make these statements, to bo added to my statements made at the inquest, fully realising that by doing so I am wholly clearing myself before God my Maker, which my conscience compels me to do, rather than everlastingly damn my soul, and also realising that this statement commits me to a degree of perjury, which degree I leave to my fellowjudges of this earth to define as they think fit, as. I fear no judge but God Himself, and as on this paper I clear myself before God I am. quite ready to 'have myself tried before my earthly judges and take my 'gruel.' And as God is. my Maker, the deceased'"Hid fall off well this (or town) side of Sawyer's Arms Road, and while the car was moving at a great speedy and there is no moral blame attachable to tho motorman especially, as I did give him a bell for the stop, and although I may bo out to a degree in my measurements of three poles length from the stopping place, and in spite of any lies that may be told by claimants, the Board is not morally liable for damages, but damages are a small consideration to the life of the girl who was killed, and I wish to God I could have saved her. I know full well that this statement would, in a Court of law, weaken anything else I have said or might yet have to say. Knowing the deceased wanted Sawyer's Arms Road, I was on the back and gave the signal. I was on the back, and as the deceased looked an exceedingly quiet, pure girl, 'to avoid appearing to be watching her I turned round to get mv tin, to ma-ke believe I was not watching her. As God is my witness, I saw her then slowly going to leave the cabin door, and standing up like I have seen hundreds of other women passengers doing, and who have passed insulting remarks to me when I have said to them, Wait till the car stops." Then something seemed, to go wrong with my heart and mind and, not thinking she was actuallv going to movje off, my nerve went and I seemed rooted to the spot, and was powerless to move or act until I saw her within about a foot of the edge of the car. When too late I sang out to her and rushed forward in time to see her alight on her head. I hope, for the sake of my father and invalid mother that I will not be judged too harshly for the perjury in the condensing of my statements at the inquest. The reason I did not state exactly as above at the inquest was because I was ashamed to confess my impromptitude, caused, as I have, said, by the dead feeling that came over mo at the critical moment. Now I have unburdened my mind, which has been a mental chaos since the accident, I am at peace, .and am ready for any just punishment that the law shall deal out to me. I yield, to no oile in that I have committed no other crime than one which is against the law and truth. As this makes my conscience clear I sign myself as the above is the truth, so help me God." Another letter was read by Air Stringer, written in the same strain by the accused, in which he stated that "he had been under the impression at the inquest that there .was only one stopping .place, and then - swore that the car had stopped three pole lengths or one hundred yards from that place,, which was the " in " stop and not the "out", stou. He had since measured, and found sixty-three yards to be about the correct measurement. Evidence was given as to character similar to that given in the lower Court. Herbert Coombes, brother of deceased, gave evidence as to identification. SergeantTiird said that he had been present at ths inquest, and had administered the oath to accused. John Sl'Owen Gow said that on April 6, at about 6 p.m., he saw deceased in a car going northwards from towji. He did not notice the car stop at its usual place. Shortly after ho saw the car turning. It had not had time to go to the terminus. James Henshaw said that he was walking slowly along the Sawyers' Arms Road on to the North Road at about 6.30 p.m. on the night of the accident. He saw the car stop a length and a half past the second stopping-place, and then come back about a length and a half, and on going up saw the deceased lying on the- road. Henry John Douglas Barnard said that the car passed the stopping-place at Sawyers' Road. Joshua Edgar Guildford said that the car did not stop at the. Sawyers' Arms Road stopping-place, and went about half a chain pa-st the next stoppingplace. Evidence as to the topography of the ncene of tho accident was given by Detective Eade, and Harold Arthur De Courcy Brown, traffic manager of the tramways, also gave evidence. Sir Raymond called no witnesses, but addressed the jury at length. NOT GUILTY. A verdict of not guilty was returned, and the prisoner was discharged. [Per Press Association.] AUCKLAND, Slay 13. At the Supreme Court, Leonard Slolloy, for the theft of a cheque for £l3, was sentenced to two years' reformative treatment. Thomas Georgo Little, for theft from the person, was sentenced to eighteen months' imprisonment. Arthur Ramsay, aged seventy-nine, for indecent assault oil a child of eight years, was sentenced to five years' reformative treatment. WELLINGTON, Slay 13. At the Supreme Court to-dav, a charge of breaking and . entering was brought against Carl Pedersen. The jury returned a verdict of guilty, but expressed the opinion that the prisoner was not responsible for his actions owing to the amount of liquor he had consumed. His Honor ordered the prisoner to come up for sentence when called upon. Patrick O'Donnell, residing near Eketahuna, was charged with having wounded another farmer named William Fraser, with intent to do grievous bodily harm. The case was the outcome of a neighbours' quarrel. Counsel urged that the prisoner only iired the gun to frighten Fraser. He pleaded guilty to the minor count, and was fined £7 7s.