THE COURTS.

Press, Volume LX, Issue 18233, 18 November 1924, Page 7

THE COURTS.

SUPREME COURT.

CRIMINAL SESSIONS. (Before his Honour Mr Justice Adams.) The criminal sessions of the Supreme Court were commenced yesterday. Mr A. T. Donnelly, Crown Prosecurtor, represented the Crown. GRAND' JUKY. The following Grand Jury was empanelled: —Frederick H. Sandal,- Leslie Jas. Lawrie, William J J. Ikrcombe, Herbert J. Collins, George W. Drayton, Alfred Dickson, Arthur A. Bruce, Edward H. Finland, George A. J. Hart, James S. Duke William Bull, Percy H. Harris. James Banks' Jame3 Ballin, A maud JlcKellar, Arthur Mead, William Moore, Albert Poole, A\ illian» H. Price. Willinm Ballantyne, Km, Geo. Brass, William Hayward. Arncud McKellar was elected foreman. 1 HIS HONOUR'S CHARGE. In his charge to the Grand Jury liis Honour said there were twelve indictments against nine persons. The most serious was a charge against John Edward Jeffreys of tho attempted murder of hi 3 wile. The accused had made a statement to i'ac effect that he had pushed his wife over a cliff at Glentui. The facts seemed to be that on the day of the offence Jeffreys took his wife and two children with two -r three men from where they lived at Southbrook to Glentui on a pig-hunting expedition. After the expedit : on, Jeffreys took his wife and a boy of three for a walk along a cliff, which fell into the Rlentui River. There was a fall over the cliff of about 60 feet with a total drop into the river of about 80 feet. The accused took his little boy's hand 3 out of his wife's hands and pushed her over, she falling to the bottom, where she suffered various injuries. There was a charge against Gertrude Grace Bell of having used' an instrument on a young woman for an improper purpose. The evidence that wou'd be given was to the eff ct that the yoking woman came to the accused, who agreed to perform the operation for the sum of £ls. There were three charges against a man named Peter Keevil Johnston of having committed indecent assaults on boys in the Tepid Batbs. Alfred. .Saggers was indic+ed for having committed an indecent assault on his daughter. His Honour said he did not to go into the facts of the case. There were four charges against various persons of breaking and entering and theft. They were all simple cases. There was a case a man and his wife of having made a false statement under'the Births, Deaths and Marriages Act. It was a most unusual case, inasmuch as the cHld concerned was th- 1 ilVsritimnte cbild of the woman's daughter, and the male accused was the father. Th" cMld was registered as the da'inrlitflr of the female accused. The iury would m.f, of ro'irse; be concerned that pSDect of the case, but only with the question of a. folse statement- having been made. ■ The othT napes on the calendar were quite clear and simple. '

TRUE BILLS. True bills were returned in each of the following cases: —Gertrude Grace Bell—Alleged procuring abortion. Peter Keevil Johnston —Alleged indecent assault, three charges. George Albert .Knight arid Henrietta Elena Knight—Alleged false statement for insertion in birth register. Loita Jacobs—Alleged breaking, entering and theft, two charges, alleged burglary, alleged attempted theft.. Timothy O'Connell and James Patrick M-adden— Alleged burglary. Cann —Alleged breaking, entering and the t. "William Lawrence Smith- tkoft. Alfred Saggers—Alleged indecent assault. John Edmond Jeffreys-Alleged attempted murder.

ALLEGED ILLEGAL . OPERATION'. Gertrude Grace Bell pleaded not auilty to having on June 14th, unlawfully used an instrument on one Flbrence Nicholls Mr 0 T J. Alpers, with h'.m Mr T. Milliken; appeared on behaf The Court was cleared during the takin„ ° f Mr Vl Donnelly. .in outlining the case stated that in June last the girl Nicholls findin herself in a certain state, went,-to theh.use of the accused in Dover street. Christ church,' and made arrangementsfor an operation. This was duly performed at the house of the accused, the girl being subsequently removed to a nursing home, conducted by Mrs Whitehead in JLlmore street, where she remained for twv days during which time accused performed a Recond operation on her. After the operation, she became ill, and Dr. Louisson was colled in. and suggested she should be sent to the Public Hospital. The girl deburred und was sent to a nursing-home conducted by . Nurse Irvine. After she returned homo she became ill. and was taken to the Hospital, where she remained for a Ion" time before being discharged.- Mr Donnelly. , referring to the evidence given in the Lower Court, said that one witness, Mrs Whitehead, had refused to answer certain questions, on "the ground that to do so might incriminate, her, but corroboration of the girl's story was supplied in the finding- in the accused's house of a-n instrument such <is might have been used to perform, such an operation. There was also the evidence of tlie fcirl in describing the. interior of 'the, room, fhich was further corroboration of her story. Giving evidence, Florence Tiicholls, aged 21', said that when she caw the accused it was arranged that she should. go to Mrs Whitehead's -house in Kilmore street to have the operation performed. However, an operation was performed on her at the house of t'hc accused, and subsequently at Mrs Whitehead's place. Witness gave particulars of the. operations and. of the room in« Mrs Bell's house, in wh'ch the operation was performed. The first time she went to gee Mrs Bell witness paid her _£s, giving her £lO later. ' . ' _ . Drt. A. B. Lind-ay and M. J. Louisson pave evidence -touching on the girl's conEmma Irvine, nurse, Cranford- street, St. Albans; William Ginn, taxi-driver; Thomaj Ogilvie McGibbon, chemist's assistant; and Alexander Augustus Bicikerton, Government Analyst,' also gave evidence. Meda Whitehead, 10G Kilmore street, when asked if she knew Mrs Bell, replied: I. refuse to answer.

Mr Donnelly—Why ?—Because my answer might incriminate me. Do you know the ga-1 —I refuse to' answer.

On the same grounds ?—Yes. You gave a certain amount of evidence in the lower Court, didn't you, before you refused to answer? —Yes. Addressing his Honour, Mr Donnelly said: Witness's privilege is pretty wide; I cannot press the matter. There is no way •to investigate her opinion. The authorities are plain on the -point. Hh Honour: The only way to test her opinion would be to contravene the rules of • the Court. Detective J. Daniel Connolly and James Bickerdike gave evidence as to visiting the house of the accused, and finding in it certain drugs- and an instrument. This closed the case for the prosecution. Opening the case for the defence, Mr Alpers said the evidence of the girl' showed that she had gone to the accused with a view to making arrangements "to help her-out." Counsel said that the girl, when her condition became known to the authorities as o result of her contracting the aeptictemia which sent her into the Hospital, wanted to keep the matter as secret as possible He submitted that the girl was shielding some one. She had refused to give the name of the person who -had supplied her with the medicine. Then thero was - Mrs' Whitehead, who, when asked to give, evidence, refused on the ground that if .she did ,so she might incriminate herself. He submitted that these points ought to cause the minds of the jury to shake with doubt. The whole corroboration of the

ffirl's story rested cm her remembering that in tho house where she was operated on there was a panelled ceiling. There was nothing unusual in such a ceiling being found in the house, as were numbers of them in old housis in Christchurch. lTe submitted that the evidence of the ffirl in th:s respect was unsatisfactory. Summing up, his Honour said that the girl could not have described the ceiling in the accused's house had she not been in the room, unless, of course, she Bad otheir sources of information. If she actually in the room what was she doing there? There was no sucreestion that she had visited Mrs Bell as a friend.

The jury retired at 3.8 p.m. find returned at 3.30 p.m. with a verdict of not guilty, the accused being thereupon discharged.

ALLEGED FALSE STATEMENT.

George Albert Knight and Henrietta Elena Knight pleaded not guilty to having, on December 21st, 1921, at Rangiora, wilfully caused to be made, for the purpose of being registered in the births and deaths registration book «at Rangiora, a false statement to the effect that Henrietta Elena Knight was the irr.-ther of an infant, Daphne Cynthia Kni-rht. Mr C. S. Thomas appeared on behalf of both accused. Mr Donnelly said the circumstances of the case were painful. The female accused had admitted to the po'.ice that she had made the false statement in order to protect the reputation of Iher husband, who wa-s the father of the chi.d.andher own daughter, who was the mother. So f a r as the male accused was concerned, no statement had been made to the police by except that he told a detective that the child wes properly registered because he was the father of it. The story .did not seem true. Harold George Davis, registrar of births, marriages, and deaths, produced the register showing that the entry of the child's birth had been registered as, set out in the charge. Constable E. T. Kearton produced a statement signed by the female -accused, which stated that the child was that of her daughter, aged eighteen. She looked on the child as her own, and had taken it to bring it up as such".

Mr Thomas said the male _accuse3 had nothing to do with the case at all except for the disreputable fact that he was the father of the child. It was important to remember that the male accused was unable to write. When it wa3 known that the male accused's step-daughter was to be confined, the matter was discussed by him and his wife, who decided that it should be brought up as.their own. Henrietta E. Knight, the female accused, said phe had sis chi'.dren of her own. She thought that by giving the illegitimate child the name of her husband, its father, she could bring it up as her own. Witness had only passed, the fourth standard. Her husband, who could neither read nor write, had not signed the registration paper, nor hart he been consulted at a.l in the matter. Evidence was also given by tlie mother of the child.

The jury retired at 3.55 p.m.. and returned at 4.35 p.m. with a verdidt of not guilty in respect of the male accused, but in regard to the female accused, the foreman enquired if a majority verdict would meet the case. His Honour answering in the negative, the jury again retired at 4.40 p.m., and returned ten minutes later with a verdict of not gui'.ty. Both thS' accused were accordingly discharged. The Court adjourned until 10.15 a.m. to-day.

MAGISTERIAL.

MONDAY. (Before Mr H. Y. Widdowson, S.M.) DRUNKENNESS.

Four statutory first offenders were each convicted and fined 20s, in default 48 hours' imprisonment.

Mary Agnes Vaughan, who pleaded guilty to a charge of drunkenness for the second time within six months, was convicted and fined 20s, in default three days' imprisonment.

Charles Frederick Brown, a middle-aged man, who p'.eaded guilty to a similar charge, was dealt with in a like manner. FIGHTERS FINED.

Patrick Hayes and Robert Ryan, two middle-aged men, pleaded gui'.ty to a charge of having fought in Moorhouse avenue on Saturday. Sub-Inspector A. Cameron said a constable had arrested the men while they were engaged in a fight on a footpath in the avenue. Hayes had two previous convictions against him.

Hayes was convicted and fined 40s, in default 10 days' imprisonment, and Ryan was convicted and fined 2Ds, in default seven days' imprisonment.

YOUTH'S LAPSE. Thomas Robert Glover, a youth 19 years of age (Mr R. Twyneham), pleaded guilty to a charge of having stolen a man's bicycle, va'.ued at £5, the property of Robert Calder, Christehurch. Chief-Detective T. Gibson said the accused took the bicycle from the side of the road and sold it to a boy for £2 10s. Nothing previously was known about him, but his father said the boy was subject' to fits and was very dull. His Worship remanded Glover to appear on Thursday so as to enable the Probation Officer to report. Bail was allowed, self in £SO, and one surety of £SO. ■ THREE CHARGES. John McDonald, an elderly man who had been in Papttrua gaol for nine days, appeared on remand on charges of drunkenness, having' procured liquor during the currency of a prohibition order, and having cast offensive matter in a public place. He had previous'.y pleaded guilty to all the charges. Accused was convicted and fined 20s, in default three days' imprisonment op the first and third charges,, and on the second count he was convicted and fined 4Cs, in default 10 days' imprisonment. MIDNIGHT ARREST. Margaret Cecilia Hansbury, 32 years of age, pleaded guilty to a charge of drunkenness and to a further charge of having procured liquor during <the currency of a prohibition order. Sub-Inspector A. Cameron said the woman had been arrested a little after midnight on Saturday outside a house in St. Asaph street, where she had been making a disturbance. She had served a term at Pakatoa Island and was at present out on probationary license. "She will go back I suppose " ask:d the Magistrate of the Salvation Army Adjutant.

"No, sir," accused interjected, "Mr Wilson's good to me; surely you'll be too." Sha emphatically denied that she had been intoxicated, although she admitted having had some drinks, and stated that she had been pulled out of her bed by a policeman and arrested. Accused was convicted and fined 20s, in default 7 days' imprisonment on the first charge and v 4os, in default 14 days' imprisonment on the seoond. CIVIL BUSINESS.

Judgment by default was given for plaintiff in each of the following cases: —Lir. J. J. Brownlee v. J as. Barr Albans), ±'2 12s lid; Whittingham and Holland v. Vernon Clemens (Clmstchurch), £l2: Maling and Co., Ltd. v. S. J. Jlavell , £2 l(js; Beath and Co., Ltd. v. Frederick Chapman (Linwood), £'< ; W. l'oomey and Co. v. F. . Eoache (Lyttelton), costs only; Bmg, Harris and Co. v. J. Blain and Co., Ltd. and J. Blain, manager (Oxford), £76 t<s 4d; A. J. ilcCallum v. 1). McCormack (city), £i 6e 6d; E. W. Pidgeon and Co., Ltd.- v. Charles Lovell (Motu), £lB 9s; same v. Mrs C. A. Ward (Pukerimo), £ls 17s 2d; C. Edwards v. S. Butledge (Timaru), £l7 ss; Duncan, Gotterill and Co. v. Rainbow, Ltd. (Linwood), £4 4s; Adams, Ltd. v. T. itincaid (South Hillepd via Winton), £64 Isi 6d; Archie Dasler v. Owen John Rowe (ijalswell), £4O; Herbert Gresham v. Thomas Arthur Smith (Linwood), £ll 14s; J. E. Hurdley and Son, Ltd. v. Mrs H. O'Neill (Greymouth), £6 19s 6d; C. E. Otley, Ltd. v. G. Anson (Linwood), £6 €s lOd; same v. Cj. Anderson (Linwood), £9 13s 4d; Jack Findlav v. Gordon L. Young (city), £3 ss; Trade Auxiliary Co. v. A. Barns (Wanganui), £3 4s 6d; same v. Chas. A. Thomas (Wanganui), £5 6s 5d- V. F. Pitcher and O. oix-eeama v. P. Smither (city), £1 ss; James J. Aiven and Co., Ltd. v. G. W. Pearson and Sons (Southbrook), £lB 6s 6d; Annie Bell v. Albert Edward" Way (city), £3O; estate of Andrew Swanson v. A. W. Gabb (<»lston), £l4 16s 4d; Stacey and Hawker v. A. E. Way (Cashmere Hi 11b), £3 2s lid; Tawnydwe Wine Co. v. C. Pearce (Linwood), £1 4s; A. K England and others as assignees v. It. F* Stanley (Amberley), 13s 9d; Frank Horne V" W. Clegg (Christchurch), £23 17s 3d ; the North Canterbury Sheepfarmers ■ Co-op. •Preezintr Export ard Agency Co., Ltd. v. Henry I. Mehrtens (Rangiora), £2 8s lid; P. Walker v. J. Sneddon (Redchff-0, £8; W. Cameron Wall v. Robert Geddes (Springfield) £3 12s 6d; J. D. Fletcher v. - Ernest Leonard Smith (Linwood), 15s costs and possession of a. tenement on or before November 24th. cOLLISION CASE. Mrs M C Marshall, of Christchurch (Mr ■d a Cuthbert), claimed from W. J. Sutherland, of St. Albana (Mr G. A. G. Connal) the sum of £4O, alleged to be the total amount of damage dona-to plaintiff a

motor-car in a collision with the defendant's.' ■

Sutherland counter-claimed for the sum of £49 10s, which he estimated to be the amount of damage done to his car in a collision with Marshall's vehicle. John Robert Cantrell, Marshall's employee who' drove the car, - said" that on "the night of . August 23th a motor driven by Cecil C. Sutherland, son of the defendant, collided with the car he was driving in Victoria street. He considered the collision was caused bv the negligence of the defendant's son-in the driving and management of his

Sutherland, jun., contended that the accident' was the fault of Cantrell in that he had been negligent and unskilful m managing and driving the car. • , The" Magistrate said he was of the opinion that 'the accident was solely - due to the negligence .of 'the defendant, Sutherland. Judgment' was accordingly given for the plaintiff for the full amount with coats.

RANGIO'RA. (Before Mr Wyvern Wilson, S.M.) Noel Partridge, dairyman, who pleaded guilty to selling miik below the standard, was lined £5 and costs 17s 6d. . . H. Page, sheep-farmer, for having exposed for sale sHeep infected with lice, was lined 20s' and co^ts. Judgment for plaintiffs by default was given "in 11. M. Hawkins and Co. v. Alice Uru £39 15s and costs £3 13s; also in James Barclay (Sefton) v. S. Kelly, £7 7s 6d and costs l . £2 Os 43d. in a judgment summons, H. Cobden Cox v. Sydney E. Tallott, labourer, claim £9 17s'6d, no order was made. The -Inspector of Stock' proceeded against Arthur Graham, of Rangiora- (Mr D. Bates), on a .charge of having exposed a pen containing 22 lice-infected sheep for sale at the Oxford saleyards on September 4th. Defendant was convicted and fined the maximum penalty, £lO, and costs 7s. On «v second charge of a similar nature defendant pleaded guilty and wa3 convicted and ordered to nay costs only.

KAIAPOI. (Before Mr Wyvern Wilson, S.M.) E. B. D. Jones was ordered to C. Raphael £5 13s Gd within seven days, in default seven days' imprisonment. IN OTHER PLACES. "A CALLOUS, HEARTLESS OUTRAGE" TEN YEARS AND A FLOGGING. (PEES 3 ASSOCIATION TELSQBAM.) AUCKLAND, November 17. Frederick Edward Peitro Shortland, twenty-four years of age, was sentenced to ten . years' imprisonment and a-flogging of ten strokes by Mr Justice .Herdman on a charge of rape. Prisoner's counsel, Mr Yallance, aeked that t consideration should be given to the youth of the prisoner. There had been mutual infatuation between the prisoner and the'young woman 'for eighteen mon'.hs, contiiruuig almost till the time of the offence. The act was. not : premeditated, "it was done •to ■ urge his ..suit, which had been rejected. No brutal treatment or force was used.'?

The Judge said that prisoner had been guilty of a callous,' heartless- outrage on a .defenceless woman. Nothing could bo said. in palliation of .an outrage of this nature. He would not eay more. The facts are '.that Shortland kept company with a girl aged twenty-nine for about eighteen months. There was some s<3rt of agreement to marry, bu-i the girl eventually learned that Shortland was faithless, being adjudged the father of an illegitimate child at Whangarei. She broke .ofi the relationship. Shortland came to Auckland, visited the i girl, and took her for a walk at night and outraged her. According to the girl's evidence, he said, "Revenge is sweet."

A HEAVY SENTENCE. Cruas nsociATiay rlxosuc.) i AUCKLAND, November 17. In' the Supreme Court to-day Edward Lecky, a young man, who was found guilty on two charges of indecent assault on little girls, ■ and one of common assault on a little. girl, with assaulting Miss Minnie Salek ' with intent do - grievous bodily.

harm in Albert Park,' was sentenced to 11 years' imprisonment with hard labour. "When I tried your' case I had grave doubts whether you were mentally all there, so I had you examined by two competent medical men," said the Judge. "They both say, although you are a degenerate, you are not insane. It is- desirable that you should be put away for. a long -time." The Judge characterised the stabbing as a brutal assault. Obviously the prisoner was not fit for a flogging. Sentence wao divided into two years on each charge 10garding the children, and five years for stabbing, the sentences to be cumulative. CHINESE AND OPWJM. (PHESS ASSOCIATION TELEOEAM.) NAPIER, November 17. A Chinese named Ah Fong was fined £6O for- being in possession of un-Customed opium, «md £lO for smoking opium.