SUPREME COURT.

Star (Christchurch), Issue 11764, 31 July 1916, Page 6

SUPREME COURT.

CRIMINAL SESSIONS. SMALL CHARGE SHEET. The criminal sessions of the Supreme Court wcro opened this morning, his Honor Sir Justice Denniston presiding. Mr Haymond, K.C., prosecuted on behalf of the Crown. There were only four cases sot. down for bearing, but of these one was a, charge of murder. Addressing the- Grand. Jury, Ins Honor said that the list of charges was small, but unfortunately, as was nowadays frequently the case, most of them were charges of a sexuel character. None need present any difficulty to tho Grand Jury, whoso only duty was to consider whether thcro was any reasonable case to go to the common jury. Regarding tho chargo of murder, m his opinion, the facts of the case were not sufficient to justify a charge of murder. Murder required a malicious intention to kill, but in this case, a man, obviously under tho influence of liquor, assaulted another man, very cruelly, but it was not the blow from a fist that killed the man, nor wero the blows from tho fist likely to kill him. It was the fall on the pavement that was responsible for the death. The Grand Jury would bo justified in reducing tho charge to one of manslaughter, n,s he was satisfied that no jury would convict on the capital charge in the present case. . After a short retirement the Grand Jury returned true bills in each of the charges, except that of murder, in connection with which his Honor recalled the Grand Jurymen, and said that sinco ho had charged them, it had been brought to his notico that it was not competent for the jury to briug in a true bill for manslaughter on an indictment for murder. It had therefore been arranged for the indictment of murder to be withdrawn, and a new indictment of manslaughter to be laid.

The Grand Jury again retired, and shortly afterwards returned a true bill on the lesser indictment. ■ ELDERLY MAN'S RECORD. Henry Pclin, an elderly man, came up for sentence on charges of stealing a quantity of galvanised iron, to which he had pleaded guilty in the lower Ccftirt. Ho pat in a. written statement asking for leniency on the ground that the things he had taken were of minor value. His Honor said that the point was immaterial. It was the theft itself, not the value of the goods, that counted. His Honor read out a list of previous convictions, and said that prisoner was seventy-one years old, and looking at that age, he would nave been glad to have dealt leniently with him but for prisoner's bad record. However, the last conviction for theft was in 1899. Prisoner would go to prison for two years, and would bo declared an habitual prisoner. The latter penalty was more to safeguard him acahvst himself. A YOUTH'S ESCAPADES. . James P. Hooper, aged eighteen years, also came up for sentence, on a charge of theft. Mr A. T. Donnelly appeared on his behalf. Mr Raymond said that' the' actfara»d broke jeweller's showcase and stole watches, and had also broken a plateglass window at Papanui ajid stolen perfume and other articles. Mr Donnelly said that the prisoner had enlisted twice, but his parents had objected on account of his ago and withdrawn him from camp. Mr Raymond _ said that the police report about, prisoner was unfavourable. .His Honor said that the prisoner evidently needed reformative treatment and if thero was room at Invercargill ho would send him there, unless prisoner preferred g'aol. Inquiries would be made, and meanwhile Hooper could stand down. INDECENT ASSAULT. Charles M'Carthy, a young man, was charged with, an indecent assault on a bov, aged twelve years, at Merivale-, oa Juno 23 last. Ho pleaded not guilty. Mr Twynebam appeared for the accused, instructed by the Crown. AH women were directed by his Honor to leave the Court. Evidence was given by the lad, Dr Westeura, another lad, accused's landlady and Detective Gibson for tne Grown. No witnesses were called for the defence, neither did the accused mako any statement. Mr Twyneham briefly addressed tho jury, but the Crowu Prosecutor waived his'right to reply. His Honor summed up and the jury retired ai 2.45 p.m., returning within fifteen minutes. The foreman said that tho jury wished to know how long was it before the boy complained and the time of the alleged offence. .His Honor said that tho law would not allow the prosecution to put such a question, hut tho defence could. Mr Twyneham intimated that he offered no objection on behalf of accused". His Honor recalled the complainant, who said that ho first complained on the evening of the offence. The jury again retired, returning at 3.15 p.m. with a-verdict of guilty. Sentence was postponed. ALLEGED SERIOUS OFFENCE. James Choat. who was in khaki, was charged with a serious offence against a girl aged seven, and a half years at Christchurch on July 17 last. He pleaded not guilty, and reminded his Honor that an application for the assistance of counsel had been made by him (accused). j Ilis Honor said that tho case was very S simple, and' was not one to cause a jury any difficulty. It was competent for a Judge to see th:it an accused person's interests were safeguarded. It wavS not a matter of right that an accused person should be given the assistance of counsel, but only where the circumstances made it desirable. There was no magic in a lawyer. A man's own . story was the best appeal to a jury. Eventually his Honor asked Mr Tyneham. who happened to be in Court, to watch tho proceedings on behalf of tho accused. Evidence was given by the little girl, her mother and Constable H. Scott. Accused went into the witness box, and said that recently ho had influenza, and wos on the fifth day of his final leave on July 1". He had been on a drinking bout each day, Sunday included. He could not remember the alleged offience. "Neither counsel addressed the jury. His Honor, in summing up. said it would bo a. very sad day for our jurisprudence if the. defence put up in this case wore accepted, namely, that the accused was too drunk to know what he was doing. It would be a sorry tiling for the. community if a man could fill .himself up with liquor, and then give way to his baser passions and become a menace to the eommuuly. The evidence given did not bear out the defence that the nllegrd offence was one made bv a man who was- unaware what he was doing. The jury retired at 3.55 ■xf.m. (Proceeding.)