THE PETONE OUTRAGE

Dominion, Volume 12, Issue 267, 7 August 1919, Page 7

THE PETONE OUTRAGE

;.ROF DELANEY FOUND GUILTY

TO BE SENTENCED TO-DAY

Tho criminal sitting of the Supreme Court was resumed yeslorday morning. His Honour ilr. Justice' Stringer was on the Bench., . .

Roy Albert Delaney was placed iu the dock to answer a charge, of committing, rape on a girl nino years of age, at tho Recreation Ground, Petone, on Saturday, July 12. ..Air. P. S. X. Alacassoy. of the Crown Law Oflice, appeared for the Crown, and ■Air. P. W. Jackson for the accused. Air. Thomas Ai'Neo was foreman of tho.'jury. . _ The ooayt was cleared during the hearing of tho ease.

Air. Alacassey briefly outlined tho facts of the caso, and said it was a question of identity. The littlo girl and her brother identified the accused, as did two women.

Tho little girl who was the victim of the outrage, gave evidonco on the lines of that given by her ui the lower Court, and her evidenco was corroborated ny her brother. . In reply .to a question by Air. Jackson, the boy said ho was quite sure that tlio man in the dock was the man who spoko to his sister-and himself. Tho mother of tho two children also gave evidence and identified tho clothing worn by the. littlo girl.. The .aunt of tho two children gave evidenco similar to that given by her •in the lower Court. The children left her home between 3 and 5 minutes past 5 o'clock. She fixed the time by tho Gear' Company's whistle, To Air. Jackson: Tho children were in her house about 25 minutes. Thev left her house soon after the 3 o'clock whistlo .went.

_ Agnes AfDougall said she was serving in her father's fruit and confectionery . shop on the evening of July 12 Witness sold, the accused two packets of clioeolates. That would bo about 5.15 p.m. to 5.20 p.m. She saw, the accused after ho left the shop go up to the children. Thero was a light hanging from the verandah. She was quite sure of tho iden-, tity of the accused, He was wearing an overcoat and black felt hat. She identified the accused at the Petono Polico Station next morning, and picked him ouffrom eight or nine others. To Air. Jackson: She had not seen the accused prior to July 12. not in tho shop more than a minute or so. Aliss Walsh was. ii| the shop, when tlm accused came in, and remained iu, the shop for five or ten minutes after ho had left. :

Boso Beatrice Walsh, music teacher, said she knew the accused by sight and ■by name: She was in M'Dougall's ahup on July 12 when accused ■ came in.' Ihat would be betwens.ls and's.3op.m. Accused came in for some chocolates, and stood alongside her; • near the counter, lie was in the shop about a minute. •She was positive it was accused who caino into the shop. She identified the accused the next day. To Mr. Jackson-.. Delaney had been pointed out to her 6ome time previously as a returned soldier,,and she had seen hiin several times prior to July 12 in the street. Sho had 6een him in : mufti prior to'seeing him in the .'shop. When he came into the shop ho was wearing a raincoat and. a black felt■ hat, the brim of wliich was tunud down. She had no doubt as to the identity of the rocused. She remained in the shop after ■■■■ accused left for about 'five or ten nutes, and then left for her' home, •.:..;.'6'Bho arrived about 5.45 p.m. ' Ik. Harding, who "examined tho 'ittlo girl on the date in question, described ner condition. •.

The father of the child gave similar evidence to that tondered by him in the Magistrate's Court. He was with tho police when they searched the Recreation Grounds, and found certain clothing belonging to his'daughter. John W. Smith, caretaker of the Recreation Ground, deposed to examining tte grounds after the football match to •..see that all was safe.-.- He 'examined the grandstand, and. there- was no one-there. His examination took place- betwen' 5.10" and 5.15 p.m., and he reached home , some time later. Senior-Sergeant Bird, of Petone, said tlfcit with Constable Canning, at 8 o'clock in .the evening of July 12, he. made a search of tho grandstand and grounds, and found certain • articles of clothing. He described the arrest of accused at life mother's house. . Evidonco was also given by Constable Canning, Detective-Sergeant Lewis and Dr. T. It. •Eitchio, Government Bacteriologist, on tho samo lines as that given in Hie lower Court.This closed tho case for the prosecution. ■ For the defence, Mr, Jackson intimated that .the case was a-painful one, and'remarked that the man charged' Was of good character and repute. The jury hud to bo quite certain that the prisoner was ■the guilty man. Mr. Jackson, continuing, said tliat prisoner was not tlw man who committod'the offence—between 5.30 and 6 p.m. the time at which prisoner bad been identified as being witli the children-as at that time he was nt the club, and homo at G p.m. Those facts would be given in evidence. If the jury believed tifafc the evidence showed that -the maiv was'with the children ui the sweets, shop, he would contend that he was not in a state of mind to make him responsible for his actions. • _ His Honour: You have to bring, him' •'within tho terms of the definition of the Crimes Act'-M- to- when a man- is or is lint responsible. Mr. Jackson, eottimiing, suggested the lossibility of the man being in such a state that ho did not know what he was doing He would call medical evidence uad other evidence to show that this man was not in his right mind. 'His Honour said the permissibility ofsuch evidence would have to lie considered. The matter should not have been mentioned at that late stage of the proceedings, as no notice of it had been giver, the Crown. The accused, in giying evidence, said he was not in the Kccreation Ground on tho afternoon in question, and did not remember speaking to any children. Ho left the Victoria Hotel some time after ft o'clock and had a faint recollection of going- to tho Working Men's Club. M far as ho coulu remember, he went 'nome after visitui" the club, and on ft'rrival'ract his two brothers at the gate. He went-to bed, and later on Was arTested, and taken to the police station. He had been wounded in the war, in tho arm and in the back, was blown up with a .shell on the Somme, had paralysis on tne left side, and as a result lost Ins memory and speech for some timo; in addition he had shell-shock on Gallipoli. Since lie had returned ho bad been workii.K at the Petone Railway Workshops;. He had no recollection of buying sweets on tho afternoon in question. His reason for going to bed as 60on as he arrived homo was that he did not feel too good.

To Mr. Macassey: Ho did not go to MTcugall's" shop on that Saturday. He was hot ordered to leave tho hotel, and lit did not remember Mrs. Campbell givh\s him a cup of tea. Ho was not in the hotel between i and 5 o'clock, but ■was there shortly after 5 p.m., and loft again between 5.16 and 5..10 p.m. Ho rns in the club for about half an hour fitter he left the hotel, and got home About G p.m. These little' children swear positively that you are the man who bought thorn Hie sweets in' M'Dcugall's shop. Is that 60?—" No." Miss Walsh and Miss M/Dougall were BTonir when ihey swore that he was in the shop. Ho could not account for rertuin marks on his clothing. Colonel J. It. Purdy, Director of Medical .'.'ervices, was about to give evidence when His Honour questioned, from tho point, of view of relevancy, the introduction ct the proposed evidence, namely, the military records of the accused and particularly of ]\\- medical history. ~ Mr. Jackson replied that he desired to "call this evidence in order to show the accused's condition. His_Honour: The records aro not evidence,-'. .Mr. Jackson: They corroborate tho cvi'lence of tho accused. ' His Honour: It does not m.-lter if they do corroborate the statements of the accused ; they aro not evidence. Mr. Jackson then proceeded to call other evidence.

Dr. Kington FylTo stated that the accused was not in a'normal state and was undoubtedly suffering from shell-shock. A man suffering from shell-shock might suddenly lose his senses, particularly if he took alcohol. Shell-shock was a heir firing and not very much was biura

about it <; but ther.o was no doubt that ■a. sufferer might lose his senses altogether, and not.know what ho was doing tor a considerable time. He might even develop acuto mania. ' To Air. Alacassey: A man fullering from shell-shock taking liquor might suddenly go nut of his uriud. Hie Honour related to tho witness tho circumstances surrounding the crimo from tho timo the accused was alleged to have met the children lo the actual commission of the crime, and asked whether bucll actions wcro in accord with his theory as to a man going out of his mind uiving to shell-shock. Witness: Such a happening is not within my experience. Thomas Gregory, employed at the freezing works at Petone, iv.id that he was cmployod iu the Victoria Hotel on Baturday afternoon, July 12, and saw tho uccused in tho bar at about 5.15 p m. Tlio accused had a conversation with witness respecting tho purchase of a gallon of beer.

To His Honour: Tho accused appeared to bo quite rational, and there wss nothing to suggest that ho was not normal.

Arthur Delaney and Robert Delaney save evidence as to meeting tne accused at tho gate of their''home at C p.m. on the day in question. Airs. Delaney, mother of the accused, also gave evidence. This concluded tho evidenco. Ilis Honour in summing up said that this was undoubtedly an important case, and would require tho jury's careful consideration. The case' was important in the interests of tlio community, and if a clear case of this description could be established they should not allow their minds to be deflected from doing their duty becauso some fanciful doubt might have been suggested. It was also important that they should not bring tho prisoner in guilty unless they were satisfied he was guilty. The ease was a comparatively simple one. There wus no doubt that a gross outrage was committed on the,little girl on the afternoon of Saturday, July VI. The whole question they had to consider was whether or not the Crown had established, without reasonable doubt, that the accused was tha man who had committed the crime. Identification was a difficult matter, aiid they knew that in many instances mistakes had. been made, but under very special circumstances. In a caso for the Crown, on the question of identification it. was desirable that they should be careful. In this case tho evidenco seemed to His Honour to be extremely cogent and strong. They-would icmember that that, tlio offonco toolc pla:e 'between 5.15 and C p.m. <: These were unquestionably ■ tho definitely ascertained points. At 20 past 5 Miss APDongall said the accused arrived at tho shop and she saw tho children outside tho shop. Tho other, definitely fixed point of time was that the outrage must have happened before 6 o'clock'.' The littlo girl had been missing, and a little after C p.in. the police were notified of the fact. Tho accused stated that he was homo at G o'clock, and if that wore true it must have been between 5.15 and 6 p.m. that the offence was committed, if the prisoner committed it. It was somewhat remarkable that it was just for that period of time the accused could not account for his movements.. It was suggested by himself when he was being, taken to the lockup that he had been drinking, but the evidence of the barman of the Victoria Hotel was" that' he was perfectly sober and'rational at 5115 p.m., and'he was perfectly sober arid Tatio.ial at <> o'clock, according to'the evidence of his brothers, 'and it would naturally bo asked what was ho doing' between 5.15 and G p.m. He had not attempted to explain; he simply said, "I don't remember anything that happened • after 5.15 p.m.' Apart from that, they hacf to consider . 'tho positivo evidence of identification ' given' by the various witnesses. In this case the two "children who'gave evidence were extremely intelligent. They were very clear that • the accused was the man.' Xhey wr<Jked with him and talked, wiih him, and they ' could actually describe the clothes the man was wearing. and the method of his wearing thorn.' next morning. the boy was taken' to. the police station to. identify' the ihair, and ho did so.' In most cases .there. was ■a. considerable interval of .timo before thore. w<;S identification, but in this case,it'was only a few hours after the incident that he was identified, when the .impression, of the man was still on the mind of the boy. Miss Al'Ddugall identified tho man the.next morning, and Aliss Walsh, who knew this man, not only in khaki but also in' mufti, identified him also. They bad no doubt' whatever that ho was t'ho mail. His Honour referred to 1 the process/of idqntifie-ation, which iu this instance •vas' particularly rigid and exacting. If the. matter remained thero it would be a' very strong case of identification,'but it 1 did not end there. When he was,arrested about midnight ho made no observation; he got out of bed and went with tho police. He was in the jtosition in which ho thought it was desirable not to make any'remarks or ask any oiiestions. -Then his clolhts were taken possession of by the police, and it seemed to His Honour, although the rcsptji-' sibility of the matter rested -with tho jury, that tho marks on the clothes weve very strong confirmation of the evidence of identification. •■ These circumstances,' taken in conjunction-with the statements | of tho children 'and cf • the two young' women, were very strong evidence. It was not suggested that the Crown, witnesses had not spoken thejtnith, but did the jury think they could have reasonably made mistakes When tnken in conjunction with the ascertained facts? If they, could honestly, having regardto all tho circumstances, considor that there was .some'doubt they, .must give the prisoner .the benefit of that doubt. Counsel for the accused 'had suggested that if they were satisfied the prisoner committed the offence they were still to find' him not guilty on tho ground of insanity. His Honour then dealt with'lhe legal aspect of insanity. Our code presumed that everyone at (he time of com-' mitting an'offence was sane and the onus of proof that ho was not responsible for his actions was on the accused. If there had been legitimate ground for believing that this man was suffering from shellshock which rendered him mentally irresponsible, that should have been stated long ago, so that inquiries could have beon made. Dr. Fyffo only saw the man yesterday and accepted tho man'sown statements as to shell-shock. How could they be certain-that he was suffering from shell-shock? The statements wore made by the man to his own doctor! On such flimsy material as that they were asked to say that the man was insane. If that were so no returned soldier could bo convicted of a crime if, ho could get a doctor to say that he was told by, the man that he had suffered from shell-shock. There was no point inlaw, and ho took the responsibility of telling them so, upon which they could bring the accused in not guilty on the grounds' of insanity. - After a retirement of about 25 minutcs ; 'i fhe jury returned with a verdict of guilty. ' ' . • ,i The prisoner was remanded until frv. day for'sentence.

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