SUPREME COURT

Wanganui Chronicle, Volume 79, Issue 30, 5 February 1935, Page 4

SUPREME COURT

f OTAGO SESSIONS ( I’er I’xeM A»*oc;a.tion ). DUNEDIN, Feb. ♦. Freedom from serious crime in Utag® during the summer mouths was commented upon by Jildge Kennedy iu opening tne quarterly criminal sessions. Four persons are involved iu charges which include arson and mischief, breaking, entering and theft, receiving stolen goods, and indecent assault. After true bills had been returned in all cases, Henry Watt pleaded guilty to arson and mischief. A shop window of the firm of A. and J. Watt had been biokcu by stones and while this occurred factory premises belonging to the same firm were destroyed by fire. Accused was remanded for sen.once. WELLINGTON SESSIONS WELLINGTON. Feb. 4. The Supreme Court quarterly sessions opened before Mr. Justice {Smith. True bills v»cro returned in the lollowing cases: Reginald Huwan, allegedly obtaining money by false pretences (two charges); Charles Gordon Mackessack, allegedly obtaining credit while an undischarged bankrupt (two charges); John Stewart, alleged negligent driving of motor vehicle, thereby causing death; < harles Ernest Vickers and Ernest Alabin Gilmour, alleged conspiracy to defraud and false pretences. Acting on the suggestion of Mr. Justice Smith to the grand jury, no bill was returned in th-«j case ot Herbert Reginald Heath, charged with demanding £l(iu with menaces from a woman in London with the intention of stealing it. In the Lower Court it was shown that Heath admitted writ* ing letters to th-e woman, but maintained throughout that the woman, with whom he had lived, had promised him £lOO if he left her in London and returned lo New Zealand. He, threatened lo reveal the facts of their former life if she did not. keep her promise. The woman made a statement lo the police, in London, but had not returned to New Zealand. Counsel for Heath objected in the Supreme Court, to certain secondary evidence being admitted and the Judge upheld the contention, pointing out that the essential element of the case was intention to slval and unless the woman heTself was produced to deny the alleged promise Heath was not demanding money with the ini ent ion to steal. “It seri.- lutile to haw the expense of a rial when this man has at least colour of right, and where there is colour of right there is no theft.” the Judge added. MARR ACQUITTED. 1 Ter Tress As». odatioa I DUNEDIN. Feb. 4. At the Supreme Court to-day, before Mr. Justice Kennedy. Christopher Haggart Marr, on two counts of receiving stolen properly, was acquitted after 10 minutes’ retirement by the jury.