SUPREME COURT AT WANGANUI

Wanganui Chronicle, Volume 83, Issue 255, 28 October 1939, Page 6

SUPREME COURT AT WANGANUI

SITTINGS OPEN ON MONDAY LENGTHY LIST OF BUSINESS A long list of business, both criminal and civil, is to be placed before the Supreme Court at Wanganui, when the quarterly sessions open on Monday. The Hon. Mr. Justice Smith will preside. In all, there are seven criminal cases set down for hearing. Two of them arise from road accidents in which motor vehicles were involved. In both of these the Crown will allege that the vehicles were driven negligently and in one case death was caused and in the other bodily injury. Another case involves a charge ol manslaughter and it arises from unusual circumstances, the death of a boy in a shooting gallery at a lime when the person charged was absent from the gallery. Wounds inflicted on a ship’s cook, at Castleclilt, have given rise to a charge of manslaughter m another case. The other three cases set down for hearing are of a sexual nature. The Grand Jury It will be necessary, of course, for all seven cases to go before a grand jury. The function of a grana jury is to study lhe evidence brought against accused persons in the lower court and determine whether there is sufficient in that evidence to place the accused person on trial. If u grana jury is satisfied on that point it returns a true bill and a common jury is empanelled to hear the evidence of the Crown, that called lor the defence, cross-examination of all witnesses, addresses of counsel and His Honour’s summing up, after which that jury is empowered lo say whether the accused is guilty or not guilty. If a grand jury considers that not sufficient evidence lias been brought forward to warrant placing the accused on trial, it returns a no bill. In addition to the criminal list there is to be an application for a new trial by a man undergoing sentence. His oifence arose when an explosive substance was attached to a battery and planted in the Esplanade, Wanganui East. A mouse-ltap was used to provide a connection and when the plant was being adjusted by the accused it blew up and he was injured. Sum of £14,138 in Claims. The civil list contains five cases set down for hearing by Judge and jury and one which is to be heard by the Judge alone. All of them arise from claims made for damages, genei/fi and special, the total amount claimed in all six cases being £14,138 8s 3d. In two cases the claims are based on alleged negligent driving of motor vehicles and in one on the alleged negligent driving of a train. In two other cases the plaintiffs will allege negligence on the part of their employers. The ether case is a claim, ior damages lor injuries received when. Lhe plaintiff was thrown from a, horse. While lhe li-.t of matters in divorc e j is lengthy, all of it is lor the Judge] alone and will not require the I of a jury. There are fifteen petitions j listed lor divorce and three motions wiil be moved for decrees absolute to , be ir aue. Un.hi Lhe heading of miscellar.ecu* i the list contains six matters for the , attention of the Judge, one being an j appeal on a point of law from a mag- • Isterial decision and another being a summons for an order directing that; a case be re-heard in the Magistrate’s Court. Four motions for discharge fror.i bankruptcy will be moved. Longest List for* 20 Years. It is believed that the list is the longest placed before the Court m Wanganui for 2u years. It will require the personal attention of many counsel, both in Wanganui and from dis tan ct centres. Mr. N. R. Bain. Crown Prosecutor at Wanganui, will represent the Crown in the criminal cases. When the Court opens on Monday the usual formalities will be observed, lhe Court crier (Mr. R. Cargill), when the Judge has taken his seat, calling pn those present to keep silence while His Honour makes his charge to the grand jury. The grand jury will then be sworn in and will listen to an address from His Honour on the criminal list for its consideration. The Judge will also briefly state the facts brc.ight out in each case. When the grand jury hais retired the common jurors summoned for attendance will be called lo take the usual oath and will be allowed to I o-| tire to the body of the Court until they arc called for service. A particularly large panel has been called for this occasion because of the number ol cases for hearing.