SUPREME COURT

Dominion, Volume 11, Issue 120, 7 February 1918, Page 9

SUPREME COURT

- WADESTOWN CASE ACCUSED FOUND GUILTY The criminal' sossions of the Siiprc'mo Court were continued yesterday. His Honour Mr. Justice Ho'sking vns on tho bench. Mr. P. S. K. Macnsaey, of'the'Crown Law Ofiice, appeared for tiio Crown. Tho case against Arthur Childs Dubourg Collins,-a charge of being a ! roguo and a vagabond, was resumed. Mr. P. v W. Jackson appeared for accused. The charge against accused involved that of being found at night prowling about premises in Wells Street, Wadostown, awl peering through tho window of the bedroom of two> young women. The accused's examination was continued. ■ He said he had volunteered ,for home service, and had been * sol- ' dier at Fort Kolburn, Prior to that, lie was a clerk in the Railway Department. In cross-examination he said thai on the date in question ho slept till about 9 o'clock and then went out for si walk towards the town and changed his mind and returned homo about 9.20 p.m., when he again went to sleep on a chair in the kitchen. He Was aroused and then went into lis own room. Ho fell asleep on a chair in his roonii and a fellow boarder awoke him. The latter went into his own room, and some time later .accused wont into the hoarder's room and stayed talking there for some time. Accused denied wearing a velour iiat during the time he resided at Wadestown. He stated he was writing poetry, drama, and opera, and did uot think of women. Re-examined: His walking about at night made him an object of curiosity to the hoys and girls in the district. He never followed any women about. He was 54 years of age and never thought of women. He was of opinion that Heywood and his daughters wero mistaken as to the identity of the man j who looked through the window. Albert Beere, temporary clerk in tho statistician's office, said he met Collins at the boardinghouse in Wadostoivn where he was staying. Collins ■ was' peculiar. He suffered from insomnia and generally slept standing up. On the night in question Collins came into his room and sat on tho edge if tho bed. Witness was in bed, and. they talked for a considerable time. He was, positive of that. He was able to fix the date by the fact that his wife was to have returned on Friday, October 19, but did not arrive until the following Tuesday. She telegraphed on Friday that she would not arrive that day. Mrs. Wallace, a boarder at the house, also gave evidence. ' His Honour, in summing :.-j7, said that the question tho jury iiad to investigate was whether this man was on Heywood's premises without lawful excuse, and the question of whether the man is a rogue and a vagabond is immaterial. Such cases as this wero generally dealt.with by tho Magistrate, but the accused had tho right of electing to be tried by jury, and that had been done in this case, and the fact that' it had come before the Supreme Court did. not add to its.importance. There was a. conflict of-evidence, and it was for the jury from their knowledge of the world to decide who was correct. The whole question involved was one of identity. It was for the jury to decide whether this man was on the premises, and if so ho must ho . adjudged- guilty; but if there was any doubt the accused must got the bonefit of it. There were two grounds on which they could bring in a.verdict of not guilty, namely, if they wero satisfied that an nlibi had been proved, or if they were not morally satisfied that ho was tho man who had been on Htywood's premises. The jury retired just before 1 p.m. and returned at 2.40 p„iii. The accused was declared .'guilty, with a ' recommendation for leniency. The prisoner is' to be s'enteijccd-on Saturday. ' VERDICT OF NOT GUILTY; ' olm ,'jffiiliott was charged with commitJSAng an indecent assault on a little aged six. Mr. M. Myers, with him Mr. Douglas 'Jackson, appeared for Iho accused. Mr. A. P. Owen was foreI man of the jury. .. ..... | ; The. -Court was cleared during tho j hearing of the case. The accused-was alleged to have accosted the little girl in Daniel Sl-r.eet. The girl was Talking Lo another .when, the accused spoke to her, and wliat ho said was overheard by a Jady. Accused, in giving evidence, denied the charge. . He said. he. had some drink that day; and .was a littlo. hit muddled when be spoke to the children. Tho jury returned a verdict of not' guilty.

NEW PLYMOUTH SESSION

. DIVORCE CASES. . By .Telegraph—Press Association. New Plymouth, February fa'. In the-Supremo Court to-day, befora Mr.-.Justice Edwards, a decree nisi was granted.in tho divorce caso Ellen M'Orackon versus John M'Cracken, on the ground of misconduct. There was a similar decision in the case of Louisa Mary' Pearson versus Robert Pearson, on tho ground of failure to support.