SUPREME COURT

Dominion, Volume 12, Issue 35, 5 November 1918, Page 9

SUPREME COURT

CRIMINAL SESSIONS ASSAULTING A CONSTABLE The criminal session of the Supreme Court was opened yesterday, His Honour Mr. Justice Cbapuinn being on the Bench. •. ! Grand Jury. The following were empanelled as the | grand jury:—Louis Whitcombe (foreman), John Harcouvt Faro.uh.ar, Matthew Cable, David Fraser Skinner, James Frederick M'Kain, William Henry Kutlmim, Walter Mark Extern, Frank Thomns Bacon, Herbert Edward Hotherwell, James Daniel Beveridge, Robert Vernon (Jiiimi, Walter Apel Evcnson, James Thomas Hunter, James Edmund Jlaurico Burnett, Georgo Caneross Edwards, Thomas Sutcliffe, John Francis. Rfldmond, Herbert Kyden Button, frank Wyon Vickerman, Herbert Edward Homo Aplin, James Oswald O'Sullivan, Hubert Swinton Bird Fletcher, Henry D. Clcmentson. Address to Grand Jury. His Honour, in addressing the Grand Jury, said that he was sorry to have to eay that Jhe calendar presented for their consideration was a somewhat heavier ono than they had had for some time past. There were twenty charges against seventeen persons, but the cases did not present any special features, being of the ordinary typo coming .before the Court. There were some cases to which he desired to draw their special ■ attention. First, taking the sexual cases, there was one in which a man was charged with attempting to violate a woman of low character, but it did not follow that because she was of low character that she was not to receive the protection of the law. It was for them to decide whether there was a case, to go before the common jury. There wero three cases where man were charged with having improper relations with girls under sixteen years of age. There was a dsfence in one case that the girl was believed to be over sixteen years. was also a case of tampering with a boy. There were two charges against two woman of abandoning an infant, but fortunately it was at once noticed that the child had b«ja abandoned,, and it was cared for. There was no way of bringing the parents' to account, but a. more gross case of parental neglect and indifference he had never known; ■' They gave the child to a woman they did not know.- That woman tried to bo,a mother to it, but later, with the aid of another woman, she abandoned the child. His Honour then referred to some of the cases of theft which were of the ordinary character. There was a serious charge against an auctioneer of receiving sums of money for articles sent in for sale,' and failing lo account for the money received. The duty of a man who set lip as ah auctioneer was that when lie sold articles for clients he should «t once account for the proceeds. There were several charges against the accused,, and the main point for consideration was that he was bound to account; for the proceeds, and in the event ■of any traiibk the 'money should have been lodged in a-trust- account. His Honour briefly referred to the case of personation at- the Wellington Central election. The grand jury brought in true bills against Thomas Marchbank and Benjamin Henry Bright. Assault Causing Bodily Harm. Thomas Marchbank was pui on his trial for assaulting Cdnstable Ronald W. M'Millan on. October 1!) so as to cause actual bodily' hariu. Mr. P. S. K. M'aKisscy,' of the Crown Law Office, prosecuted, and tho accused, who pleaded not guilty, was not represented by counsel. Mr. Alfred J. Edyingtou was the foreman of tho jury. The case was heard in the Magistrate's Couri last! week, and the evidence tendered yesterday was. on the lines of that given in tho Lower Court. •Mr. Macassey, in opening, said the accused was charged with a brutal and cowardly assault on a constable. The constable had arrested a man for drunkenness, and was taking him to the station. The man went along quietly until they readied the corner of Tarannki Street and Vivian Street, when ho began to resist, and kicked violently. The constable was obstructed by u. soldier, but the constable got the oflender away. A large crowd had assembled while the constable was endeavouring to handcuff the offender,' when they were tripped, and both fell to the ground, the constable on top.. His helmet was kicked off, and he heard someone say, "Put it into him." He received a violent kick on tho ribs, which laid him out, and the offender aud the man who kicked him vanished. Ho was taken to the station in a taxi-cab, where he was attended to by Dr. Mackin, and later by Dr. Henry. The constable had two ribs fractured. Evidence was given by Dr. Henry, Arthur Lean (tram, conductor), diaries 11. Goss (motorman), Hector Liardct (tramway inspector), and Constable J. Quinn on the same lines as that given by them in the' Magistrate's Court. xVcoused decided to address the jury, and said the doctor in his evidence stated that the constable had two ribs broken ion Jho right side, the constable said ho was on t!he top of tho prisoner when he received 'the kick, while another witness said that ho saw the policeman fall, on his back and right side, and saw that he got a kicik, and that he thought the kick landed on the constable's left shoulder. It was obvious that if the oonstable fell on jlrk right side he could not have kicked ijiim on that side. Continuing, accused 'said that he had been drinking, and w.'hen he got to the scene ho got off tho ifar with several others, and ho did not kjiow what possessed him, but he did kick, the policeman's helmet v after he got hini down, but denied kicking tho constable. His Honour said the statement made by the accused removed all doubt about the identification of the man. The accused said he put the constable down, and putting the constable down whilo in the execution of his duty was the third charge, and whs of minor importance. The question wtis whether this man kicked the constable- on the ribs. . The constable said he -was tripped, and that he received a violent kick on the ribs. He was not violently thrown down, but received a kick lifter he was down, and the three tram officials distinctly saw the accused deliver a kick, although they could not say on what part of the body the kick landed. What evidence was there of dnything having occurred' to break the constable's ribs except a kick? The accused admitted that he assaulted tho cqnstable; three men said that they saw the accused deliver a kick, and the constable said he was kicked on the rib}. It appeared to His Honour that the jury must bring the accused in guilty, if only on the minor charge, which ho had admitted. The jury retired at 3.45 p.m., and returned about 4.25 p.m., and brought in a verdict of not guilty on the charge of causing actual bodily harm, but guilty of obstructing the constable while in the execution of his duty. His Honour deferred passing sentence. MAGISTRATE'S COURT Mr. F. V. Frnzer, S.M., presided in the Magistrate's Court yesterday and dealt willi a smo.ll list of police cases. For insobriety, Patrick Daly and William Darling were each fined ,£l, and ( Joseph Johnson was fined Ifls. | IViJJiam Smith ircis fined £2 for having broken a prohibition Order. Julius Tockcr was ordered to pay .£1 Is. costs of proceedings respecting arrears on a maintenance order. The arrears had been paid.