SUPREME COURT.

Star (Christchurch), Issue 12712, 6 August 1919, Page 6

SUPREME COURT.

CRIMINAL SITTINGS. TO-DAY’S GASES. The criminal sittings of the Supreme. Vourt were resumed to-day. his Honor Tilr Justice Herd man presiding. CONDON XOT GUILTY. His Honor summed up in the case of Jack Condon, who was charged with having indecently assaulted a girl under sixteen years of age. He pointed, ’out to the jury that tile ca.se tor the Crown rested upon, the evidence of the hutle girl who had allegedly been assaulted. Shortly after eleven o'clock the jury returned with a verdict of not guilty. They'recommended that prisoner leave the Court without a stain on his charThe prisoner was accordingly discharged. ALLEGE!) ASSAULT AXI) ROBBERY. Charles John Flutey, 'Percy Harold Matey, and Charles James Mutey were alternatively charged that ou June 7, at Christchurch] they robbed "William Philip Duggan of Lh. and used personai violence towards him; that they assaulted Duggan with intent to rob; and that .-they assaulted Hnggan. Ivlr id. G. Raymond, K.Crown Prosecutor, and with him -Mr AV. DCampbell! conducted.the case for the Crown. 'Mr Goodman appeared for the accused, who pleaded not guilty. Mr. Campbell '. said that Hnggan was a West Const farmer. On June 7 he was in Christchurch, and, near the Excelsior Hotel, became engaged in conversation with the T inteys. At their invitation be walked away with them.'Near the corneV of St "Asaph and High Streets he was assaulted. The elder son seized him round the neck, and ■ took notes irora his hip pocket. The father held him hy the hand, and the younge: son held him by his hair- The two sons subsequently raced away with the money, but Duggan, breaking away fdom his other captor, chased them. He was engaged in a fight with them when a policeman came mp. No notes were found on the x>risoners when they were searched, at the Police Station, but it was of course possible for them to get rid of the notes before being searched. Evidence was given by Duggan, Constable Grigg, Sergeant Hodgson, and Constable Le Sueur. ' ■ Xo evidence was called for the defence. Addressing the jury. Mr Goodman _ t, thecaso for tlic Crown rested a on, Duggan’s evidence. It had been Bstated in the evidence that the Fluteys / had all come together again, near the j..be<*rfc,;of tlie city, and at about 5 p.m-, ) before it was dark, when the constable came on the spot. Was such a thing probable if they had committed the crime with which they were charged? The fact that no money was found on Them when they reached the police staimnras a very important one. Summing up, his Honor said that (t had been contended that if Duggan nad been robbed, it was Charles James Flutey, only who might be held guilty. He pointed out that if it were proved that the other Fluteys had aided and abetted 0. J. Flutey, they also wore liable _io be found guilty. It seemed improbable that Duggan would chase the Fluteys if they had not stolen something from him. ■Hie, jury retired to consider their verdict soon after 12 o’clock.

At live minutes past two the jury returned with a verdict of guilty against each of the accused on the first count- '•■■■ Mr Goodman said that the father. Charles John Elutcy, had never previously been convicted of any crime. Ho was known as an. honest, hardworking -v. uian, -and had -ten children, four of whom were dependent upon. him. He i called two witnesses as to his character, they said that tliev hod found him industrious and trustworthy. Speaking regard to Charles James Flu toy, Mr Goodman said he had two voting children, and was expecting another any <] a y- He had only been before the Court three times before. The youngest son; Percy Harold, had only one previous 'conviction against him. His Honor pointed out lo the prisoners that robbery with violence was looked’ upon as a very serious offence. He had power to sentence those found guilty of it- to imprisonment for life, nnd to .flogging. He did not, however, propose to inflict a very serious ppni«hJnent in these cases. ’ He would take into consideration what Mr Goodman had said with, regard to the father, and Would distinguish between him and the two sons. The father. Charles John .lUutey. would be sentenced, 1 to a year’s imprisonment, with hard labour. " Tim sons would each bo sentenced to two J-ears imprisonment, with hard labourASSAULTS ON CHILDREN. _ [Per Press Association.] ■ HUNEDIN, August 6. At Hie Supreme Court to-dav, Victor Famung Fraser Kett was convicted of indecently assaulting a, girl aged six years.;' The, foreman, in announcing the-, vercUct, added: —“ The jury are of opinion, that m these eases of assault on child- \ ; ,ren the birch should be used.” Mr Justice Sim. said it would be a Kf of flogging. foreman ; “It is our recommendtbat something should be done to hese assaults if possible.” The judge remanded’ the prisoner for ■' sentence, saying that he would consider the jury’s reconnnendation. PRISONER SENTENCED. • .; ■ / [Per Press Association.] WELLINGTON, August 6. At-tlie. Supreme Court Richard Pur- . cell, for theft of goods, was sentenced to twelve months’, imprisonment.