SUPREME COURT

Dominion, Volume 11, Issue 113, 5 February 1918, Page 9

SUPREME COURT

CRIMINAL SESSIONS OPENED "A MODERATE CALENDAR" Tho crimin.il sessions of the Supremo Court were opened in Wellington yesterday morning. His Honour Mr. Justice Hosking presided. Mr. P. S. Jv. Macasscy represented the Crown. THE GRAND JURY. The following constituted the Grand Jury: ■ Gerald Fitzgerald (foreman), Will. Jno. Carey, Wm. Joseph Ferkins, David licnglehole, Albert Llewellyn Haslani, Arthur Samuel Ballingcr, Edward Daniel Darber, Cecil AVatson Palmer, Fredk. Mack, Henry Walter Kcrsley, Thomas Henry Fern, Edwd. Vivian lliddiford, Arthur Ernest ißvans, Ersltin Wilfred Cardalc, Harold Victor Caverhill, Honri Bastings, Geo. Edwd. Porter, Thos. Percy Baynton Chiiig, Clarence. Fredk. Turner, s .John Uric Turnbull, Cccil Wallingford Brown, Uiclul. Thos. Bickerton, Wm. Fredk. Harvey. His Honour, in his (charge lo.the Grand Jury, described the calendar'as a moderate ono. His other remarks were devoted to the elucidation of technical ■ points in the cases which the jury had to consider: ALLEGED INCENDIARY ACQUITTED. John Parry Jones (Mr. H. F. O'Lcary) pleaded not guilty to .1 charge of' having on November 9 last attempted to burn No. I] Dixon Street by setting fire to newspapers, blankets, and other bedding'in tho place. ' Mr. Macasscy said that about November 9 the accused-' trns sharing a room at No. II Dixon Street, with' a . man named Johansen. Oh the iiight of November 9 Johansen went out about 7 o'clock, and did not return -till about 10.30. About 9.10 tho landlady (Mrs. Emma. Aitken) and a friend named Mrs. Vogel entered the hmite. The accused was then in his bedroom. . Mrs. Aitken remarked that sue was glad to seo that lie was sober. He replied, "Go to About 9.50, Mrs. Aitken noticed a smell of semething burning, aud shortly. after 10 o'clock sho and Mrs. Vogel discovered two beaps of flaming materials on the floor of the accused's bedroom. They stamped the fire out. " The accused was not then to/be seen. He went to another boardinghouse and told the landlady that there had bean a fire at. No. 11 Dixon Street. Evidence to the saruC effect as Mr. Macassey's statement was called for tho Crown. John Beveridge, merchant, Wellington, was the lirst witness for the defence. He said that lie had known the accused for thirty years. .Jones had always borne a good reputation. The accused said that he was employed as a steward on the Maori. He had been at sea off and on for over thirtylive years, and his discharges were excellent. On November 9 ho got 'home about 5 o'clock. Ho had a few drinks. Johansen. who was in the room, wont out arid roturncd about six. Ho said he was going to join a ship next day. Ho asked witness for a match, but witness had none. Finally Johansen found a match in his own pocket, and lit it. Then ho went out at about seven. Witness went off to sleep in his own bed—fully dressed. When ho woke he noticed that the rug on the lloor and the counterpane on Johanson's bed were on fire. Ho jumped up and pulled tho clothes off . the bed. Then lie stamped out the flames— thoroughly, as lie thought. Ho was a sufferer from asthma, and tho smoke affected him so that he had to go out into tho street for air. Eventually he went to another hoardinghouse, and told the landlady there about the fire. Mr. O'Lcary, in his address to tho jury, insisted that no motive could be suggested for such a crime as Jones was alleged to have committed. Ho submitted that there was the strongest reason for doubting that the accused was guilty. The jury found that Jones causcd the fire, but not wilfully. Tho prisoner was therefore discharged. THEFT ADMITTED. John Patrick Regan, for whom Mr. O'Leary appeared, pleaded guilty to a charge of stealing a purse and £45 in money, the property of Jno. Nolan. Ho was remanded till Saturday for sentence. ALLEGED INDECENT ASSAULT. Victor Kallinikos, proprietor of a restaurant in Manners Street, _ was charged with indecently assaulting a girl of sixteen.. Mr. H, F. O'Leary conducted the defence. Jlr. Macassey, in his opening state.' ment, said that the complainant was at the time of the alleged assault employed by the accused as a waitress. The court was cleared during the hearing of the case. Tho jury found the prisoner not guilty. TRUE BILLS. The . Grand Jury found true bills in the cases of the following accused, who have yet to be tried: —Arthur Gliilds Dubourg Collins, charged with being a rogue and a. vagabond; John Burt, charged with t-lieft; John Sillies, charged with indecent assaults upon males; "William Henry Gardiner, charged with indecent assault; Roderick M'Kenzie, alias Robert ■ Morton', charged with attempting to commit an unnatural offence; John Elliott, charged with indecent assault; Arthur \Vaidemar Schaef, charged with breaches of the Bankruptcy Act; John Carrig, charged with indecent assault on a. male. THE AUCKLAND CALENDAR. By TclcEi'apU—Press Association. Auckland, February 4. ■ The Supreme Court criminal sessions opened to-day; Mr. Justice Stringer in his charge to the Grand Jury, said the calendar comprised twenty-one cases, including ten involving dishonesty, hvo offences against the person, three concerning unlawful use of jnstrnmmts, and one of bigamy. He noted wth satisfaction a decrease in tho number of sexual offenccs against young girls. NAPIER SESSION. CHAIIGE OF MANSLAUGHTER Br Telegraph—Prcsß Association. Napier, February <t. I?. K. Stock, a taxi-driver, was committed for trial on a charge of manslaughter i' l connection with the cleatn of a child knocked down by bis car on Christinas Eve. NEW PLYMOUTH SESSION. SENTENCE OF FIVE YEARS' IMPRISONMENT. lly Tclcsrrnpli-l'ress Awnuialion. New Plymouth, February '1. Tho Supremo Court opened to-day before Jlr. Justice Edwards. George Thomas Gifkins appeared 101 sentence on a. charge of forgery and uttering. Ho was admitted to probation for two years and ordered to pay the costs of the prosecution. [vgati Peririka was acquitted on two charges of cattlo stealing. Mark De Gama pleaded guilty In one charge, and was found guilty on another of committing an unnatural offence upon little hoys at Hawcra. 110 was sentenced to fivo years' impris. onment on cach charge.