SUPREME COURT

Dominion, Volume 12, Issue 36, 6 November 1918, Page 9

SUPREME COURT

CRIMINAL SESSIONS ABANDONMENT OF A BABY Thy criminal sessions tf, tho Supremo Ooujt wore, resumed: yesterday morning be»oro Sir. Justice Chapman. /XLLEGED THEFT AND RECEIVING. /The'first charge heard was-one against Benjamin Bright of having. stolen on. September 23 a. silver watch gold chain, and a pendant,'.tho total valued at ,£9 12e. 6d., and the property of Timothy Murray. There' was a'further charge of receiving a pendant, vajued at £\ IQs., knowing the same to .hive ibeen dishonestly obtained. '••■'•■■ - • '' ■ . Horaoo Chisholm was elected foreman of the Jury. ■■'■ •-. •.. ■ ■"■. . ■ : - Mr. P. S. K. Maoassey, in outlining the case ■ for the Crown, stated that on Sep23 Murray met accused and another in tho New Zealander Hotel, whfjflce they proceeded in.tho direction of the Pablio Library. . In-the. vicinity <# tho library Murray was relieved of his Vatohchain and- pendant,' .apparently, by accused ajid Ms companion. Accused s companion Jed; .• •, <-■■ .. - •

■ Leslie Boskruge, 'clerk, stated that he was in tho-Vibiiiit> ; :of thi>- Public Library on September 28. Hβ hoard: Murray cry out that' he had been robbed. Accused's companion fled, and after a fruitless search• for him, ivnran named Beck; ami. witness-proceeded .to the police station., .Prior to this ho -saw accused throw something over the fonco in tho Technical School grounds. ■:' John Henry Beck gave similar evidence. He declared that accused was sober. • !■ v-: •.. :.-., PoUee'iSargowt Martin, f-tatioried' at ; .' Tarauaki' Street,', stated ihnt on complaint .being made to him by; Murray; : he, wiih -.Itoskrugo, 'Beck,. Murray, and acoliscd,. iverit to tho Technical. 'Schoolgrounds, where a gold five-dollar piece was found. Inquiries hAd been made, for .. accused's.mate,•'but' without Tesult. . ' .Accused 'elected: to give 10 evidence,giving the "charge 1 an absolute denial.' ' His Honour.'briefly 'addressed tho.juiry, which, after'.a Bhcfii retireaient. returned a verdict'of .'nbt.guiilty'.on" the first count,'but'guilty'of receiving.'', •'Sentence'was deferred. ■ A SERIOUS CHAEGE."■'. Arthur Watson Green woe charged With having assaulted a'wnnn with intent to commit.rape, and with indecent assault. ■' "•. .'. :. Accused,' who was not represented by counsel, pleaded not guilty. Alfred James Eddie was elected foreman of the jury., ■'. . ■'.''' After a' short retirement a \erdict was returned of not guilty on the. charge of attempted.rape, a.nd guilty on the charge of indecent assault. ' Sentence tos deferred. " • •

ABANDONED BABY. ' ; ' Fanny Mary-, Allison -. M'Kenzie 'and Hilda Martin were charged that on or about September 11' they ' unlawfully abandoned a child under two years cf age. ••:-.' . , : The accused M'Kenzio, who was represented by Mr. J , . A. Scott, pleaded guilty and her case was adjourned for tho purpoat of hearing evidence from Nelson.' The accused Hilda Martin 'Mir. P. W. Jackson) pleaded not. guilty. Tho circumstances alleged' by the Crown wero that on September 11 lost the child was found 'abandoned in the grounds of St. Mary's Convent, Kllbirnie. The parents of the child, who came from Christcjiureh, were in euch circumstances that they decided to have their child adopted. They advertised, r.nd a woman calling herself Dolly Temperton answered the' advertisement. A ..premium cf ,£ls was paid. ' A note Waa • left in , ' a perambulator with the child asking- tho authorities o.t the convent to britig up the child in;.their faith: Martin> was ■■with the. accused when the child, was abandoned. .■■'••■'■" ■■'.'■

Herbert Jamieson.' ironmoulder, said that .he -was the father cf • the - -'child, which he and hie wife decided to have adopted' on account of his *ife's, ill.health. ■ In answer, to• nn advertisement '•'a letter tvo.B received from, a Mrs. Temperton, 'who called, and arrangements wore made for the adoption (f the child. A, premium of .£ls was paid; and n basket of clothes given to Temperton for ,tho child. .. ■•• -.■•••

Fanny Mary Allison M'Kenzie, married woman, stated that she- replied to the advertisement referred to, *nd subsequently arranged to adopt ihe child. ■ A .■man named Eric Temperton went ■frith her, and both signed a statement stating that she and Temperton adopted the child, to' which the parents would have no further olaim.- -Oh Octobed -11- she Went out with the accused-.Martin,.who desired her to abandon the child outside a shop. : Witness refused to : leave the child in that .manner,, but later,, when they were near the cohvetit,. she'suggested leaving ,the child inside ihe. convent grounds, with: a. note.asking the nuns to ibring the child up- ''in-your, faith.-" This was done, and on.'-October 13 she left for Nelson.. .'.'.' ''.-..

Mr. Jackson cross-examined witness at some length, during the course of which Mrs. Martin .became much i-gitoted,-and at one point cried, "On,-Florae, don't 1 tell such lies." ' . .

The accused, Hilda Martin, deposed that M'Kcnzie was, introduced to her by Temperton, :'and stayed with .witness. She was introduced'as Mies M'Kenzie, but' later'she -discovered that : M'Kenzie was married and had a child of' her, own. Witness first saw the child ,rt : Karori, but she could not discover'whence the child had'coline. M'Kenzie ct a later date informed' witness that the was going to Nel6on, as Temperton. .was going to hie Wife.' "Questioned as'to tho. adrisability of taking , the .hild to'Nel-' son, M'lienzio said'that-the']• ad inform--ed her mother that the child's mother' had-died. Witness emphatically dfajlar-. that she' did' not know where the child had come ftomj iioav the name of'. the parents. Her -advice to' leave the child at one : of the receiving ignored. M'Kenjie refused' to , ' return , ' the' child to its. parents;. .Oα October 11 «c----cused and M'Kenzie boarded, a Lyall'Bay wr, .and after going .some distance they alighted, at witness's suggestion.' 'Wit-' noss wished'to-return home, but M'Kenzio objected. The child was left at the convent,-but''on-the way home-witness: advised M'Kenzie to α-etncii for. the child. : She received no money, '..f.nd: took; tho part she-did , as she , .had a liking for tho. girl. ''":'."'\ ■ .'■.'".. r, ;f ". ; ; ■.:. ■ Cross-examined by 'Mr. Macassey,.. wit-, ness ea'id tli'at sliß did not cJjject.to'the child being' brought to her ■J.oiise;; "Sho accompaniod; M'lienzie.'.on. tho.. day the child was left betiau'se she was afraid that M'Kenzie was excited., flip, admitted writing the letter that' , /was , to be left in the' go-cart. *■■ ' •'•" ' ' " :'.

To Mr. Jackson: Sho.went out to Lyall Bay because eho was afraid, that'Jl'Kcii--zio might harm horeolf.' ■'■:.'"■'■ " After a short retirement the- jury re-; turned a verdict of,not guilty. •' ■ : ( ''SEXUAL CRIME... ... . Dugiild M'Gillum was eharged with unlawfully carnally knowing a girl of 15 ycare and 5 months at Pctono on April. 2, 1918. A further, charge of assault was preforrcd. ' " .•■. ■ •'■ • '•' '. Accused pleaded guilty to-.both charges, and the cneo was adjourned till this morning for •the/purpose of tearing Svi(lenco 'by' accused. ■• : ALLEGED FALSE. PRETENCES. . Stanley Carter, famter; aged 29. pleaded Jidt guilty to v a.'charge-of having obtained by mearia df 'a valueless cheque tlio euni of. £!!>. is. 3d. ' from Frank Feist and Co., C«iirterton. . . Mr. H. F. O'Leary uppcared for accused. , ... . , . • The foroman.'of. the jury. vas Edward Bu.ll. ■'...•■' ."• ■ -.' • Evidence in reference to the chequetendered, the cashing, . and eul)sec|ue.nt: (lielionouring .thereof-.was given by. Edith Feiet, who' cashed the cheque, and by E. C. Ilay.-M'Kenzi.e, bank-niu.nager "at Rfletihi. ■.. .',. . ' ; ! For the defence it was elated that aceusect had expectel his employer to pay in certain amounts, to. his credit at the banlc. Such nriiounts would have met the cheque lie tendered to Feist and Co. There was no suspicion of fraud, and Carter honestly expected. Ills chet|ue 16 be met. The cheque was dishonoured in I August. Ho had. no notice . that : . the

cheques had not. been met until lie was arrested in October at Nelson, where ho had fl, farm. Ha immediately wiral JMO to tho bank at linetihi. Accused gavo cvidenco rn these lines. Ho'stated-that-ho stinted fanning at Tnkaka with iCHO borro'.ved from tho Soldiers' Fund at Nelson. He had jio word from his employer that tho latter would not pay in anything to his credit. Ho had taken no steps to get his employer to pay amounts duo as wages. Thero irns<no guarantee in writing that his employer, E. J. Barry, would pay a draper's account. Tho jury were brief in (onsidering their verdict, which Tras ono of not ■guilty. . ' ,' ' .