SUPREME COURT

Waikato Times, Volume 96, Issue 15035, 5 September 1922, Page 5

SUPREME COURT

SESSIONS IN HAMILTON several criminal cases. charge to grand jury. The quarterly sessions of the Supreme Court were opened in Hamilton this morning before His Honor, Mr Justice Stringer. The Grand Jury. The following Grand Jury was empanelled:—G. Bailey, J. Blechynden, F W Burley, M. Burch, F. Day, R. D. Duxfleld, A. Edmunds, Albert V. Fox, J. H.- Dittos, N, G. Gribble, R. G. Guy, C. W Harvey, T. Jolly, F. W. Luxford, J. B Pomerov, A. J. Smith, Guy Taylor, Wm. Innes"Taylor, H. W. Temple, A. G. Whitehorn, G. Wilkes, N. Woods. N. G. Gribble was chosen foreman.

His Honor's Charge. In his charge to the Grand Jury His Honor regretted to say that there was an exceptionally heavy calendar, consisting of some 14 charges against XI persons. Many of the cases were df a somewhat seiv-ous natureOStimsolTao Somewhat serious character, but he did not think that any would present difficulty so far as the Grand Jury was concerned. On the calendar there were some six Of seven cases of dishonesty and others of a different character. Dealing with the charges against Thomas Edward McMahon, His Honor said that in addition to the breaking and entering charges at Te Awamutd, to which accused had pleaded guilty, there was the further charge of having committed a serious assault on a girl. It was for. the Crown to decide whether accused Would be charged with attempted murder as well as assault, the latter being of a very grave character, and if committed by the man McMahon it was.very difficult to believe that he had not intended to kill 1 her. The circumstances were such that it would be largely a question of identity. The girl assaulted was able to describe the man's clothing, which was of a somewhat peculiar character. The girl had itlentined the accused at the police station as the,man who had-assaulted her. There would be a good deal of evidence to show that accused was in the locality and was wearing clothes similar fo the ones described. There was the further important fact that the girl had received a blow from a somewhat peculiar instrument. Accused had admitted that on the same evening he had broken and entered a shop for which purpose he had Used part of a spring of a peculiar kind from a FOrd Can He said he had thrown it away and after a search just such an instrument was found as might have been used to inflict the somewhat peculiar injuries the girl had sustained. This fact and that of the clothing pointed to the belief that accused was the man who Inflicted the ibjdried. The only possible motive that suggested Itself in the case, if accused were the man, was that he thought'that'the girl, who passed along the street about the time of a breaking and entering which accused admitted, may have seen him, and with a view to getting rid of the evidence he had struck the girl in the way described. It was really a question of Identity. In dealing with the case against William Alexander Crossan, His Honor said that the charges would probably be those of attempted murder and of discharging a firearm with intent to commit grievous bodily harm. After reviewing the facts concerning the shooting of Detccive Lambert at Leslie's Gully, His Honor said that the defence might raise the suggestion that the weapon went off in the struggle, but the case should present no difficulty to the jury in returning a true bill. Prisoners Sentenced. Walter a Maori, who pleaded guilty to the theft of a cheque at Cambridge was admitted to probation for one year under the statutory conditions. He was ordered to make restitution to the amount of £22 19s 2d and costs totalling"£4 7s, £5 to be paid forthwith, and the balance in instalments of £2 per month, Charles William Burton, 24 years of age, pleaded guilty to forging a cheque for £27 in the name of F. A. Jennings, and attempting to utter the same at Te Aroha in June last. Mr Northcroft, in explaining the case and the surrounding facts concerning prisoner, asked that the prisoner be admitted to probation. Mr Gillies submitted that the case was one for reformative detention. His Honor said that after having had an interview with prisoner's mother he had decided to stretch a point in his favour and admit him to probation, but that was as much for his parents' sake as his own, as prisoner's past history was not too good. Prisoner was admitted to probation for three years, ordered to pay £lB 3s lOd costs of the prosecution at a rate of not less than £1 a month from November 1. Prisoner is to refrain from gambling and from entering hotels, billiard rooms and racecourses, the probation officer to approve of the form of entertainment he undertakes.