SUPREME COURT

Dominion, Volume 13, Issue 34, 4 November 1919, Page 3

SUPREME COURT

CRIMINAL SESSIONS

A VERY LENGTHY CALENDAR

Tho criminal sessions of tho Supreme Court commenced yesterday morning before His Honour Mr. Justico Chapman. The calendar was a heavy one, there being sixteen prisoners to answer to thirty-two charges.

Tho following constituted the Grand Jury:—Ernest Gregory Pilcher (foreman), Francis Bay Hogarth, Harold Stevens Hislop. James William Dickson, Edward Percival Lambert, Allan Shaw, James iTorram. Matthew. Alexander M'Lcod, Algernon Westmacott, Waring Young, Herlwrt LaU'sbury Wright, Edwin George Darks Woodward, Alfred Perrin, Allan Hamilton, Richard Stone Haughton, George Greig, Edward Walter, Percy Pearce. Alexander Stephenson, Edward Bull. Robert Burns Grange, Frank Wynon Yickerman, Arthur Varney, William Ogilvie TJri'iuhart, and Clarence Frederick Turner.

His Honour, in addressing the Grnntf Jury, said the number of cases they kid to consider, was, ho was afraid, rather larger than they had been accustomed to for some time. His Honour did not know whether the war was responsible for tins, but his experience, was that during: the war there had been a diminution of criminal cases, and now they were apparently getting back to normal. There were sixteen, prisoners with thirty-two charges against them, and except for ono or two.they were not grave offences, but were of the character that usually came before tho Supreme Court. Referring to the charge of rauraer against Beside, His Honour said it was a peculiar case, and it was possible that when the caso came'before tho common jury the evidence might throw a different light on tho matter. His Honour then briefly touched on the oilier cases, and reminded the-jury that they were concerned only as to whether there were prima-facio cases.

Tho Grand Jury found true bills against Cecilia Hunter, charged with forgery and uttering; James Lister, aliened indecent assault; G. G. Satherley, nllesed indecent assault; Edward Myers, alleged attempted false pretences; Jack 'fauwhanga, alleged assault and robbery; Tipi Rimene, alleged theft; 'Walter Dell, alleged manslaughter, James Reside, ullcied murder; A. H. Maloney, alleged false pretences (nine charges); W. JI. Newman, alleged theft from the person; Patrick Murphy, alleged indecent assault; Daniel Moar, charged with falsely applying a trade mark; T. S. Duncan, alleged' false pretences; Thomas Farrow, alleged bigani' - ; W. J. Mayer, alleged theft. FORGERY AND UTTERING. Cecilia Hunter was charged that on August 25, 1910, she signed the name of one Nellie Ryan to a certain military document, for ,£!■ 135., and did utter tho same. Tho prisoner, when requetsed to

nlcad, said she was given permission to sign the document, and would therefore plead not guilty. Mr. P. S. K. Macassey, of tho Crown Law Office, appeared for the Crown, and the prisoner was not represented by counsel. Mr. William Gamble was foreman of the jury. Mr. Macassey said tho case was very simple. Tho accused was a married woman, and her husband went to the front. Thev bad two children, who were living •with Nellie Ryan, tho accused's sister. On August 25, Mrs. Ryan received an allotment warrant for £i 135., and tho accused was present when the warrant was received. Mrs. Ryan left, the warrant in her bedroom, and then went out to ii'o her laundry work. The accused left after a Utile while, and when Mrs. Evan came into llie house she found that the allotment note had gone. Mrs. Evan neve:' received any of the money. She did not sign the warrant; the signature on it was not hers. Mr. Macassey stated that the accused was previously arrested, and when brought up in llie Maaistrate's Court she pleaded guilty. There was. however, a technical error in the commitment for sentence, and the accused was aischarged and rearrested. On tho second occasion .that she was before thp Court she pleaded not guilty. The evidence for the, prosecution was the same as that given in the Lower Court. The accused gave evidenco on her own behalf, and said that her sister had promised to give her the nexl allotment as she had no money. When the allotment came in August last her sister asked her to get it cashed, saying that the. man at the counter would not know tho oiffcrcnee. She agiced to do so. and cashed the allotment, and gave the money to her sister. When she was arrested sho was searched, but no money was found on Iter. She, told the policeman that sho had given the money to her sister.

Cross-examined, the accused said she haa previously signeo her sister's name to allotments and obtained the money from the Post Office. She did not know why her sister gave her in charge, and her sister herself did not know why she did so.

The jury, after a short retirement returned a verdict of guilty. His Honour deferred passing sentence.

CHARGE OF INDECENT ASSAULT. A middle-ageo' man named John Lister nleadcd not guilty to a charge of indecent assault on a girl eight years of aire. It was alleged that the offence was committed in the Basin Eeserve.

Mr. ]■. B. Broad appeared for the prisoner.

Mr. William Gamble was foreman of the iurv.

Mr. Macnssey, in outlining the case, said that the little girl and a companion went to the Basin' Keserve, and while sealed on one of the seats ihe accused came and sat alongside of them. Ho spoke to the girls, and (hen, it was alleged, he put his hand on the little girl's legs. The, child got up to go aivav. when the. accused offered her a penny. The child went home, and told her mother what happened to her. The mother immediately went to the Basin Unserve., and saw the nccii'cd, and taxen' him with the offence. The man was soon afterwards arrested: The evidence was the same as that given in the Magis! rate's Court.

Mr. Broad, before calling evidence, asked Ki.s Honour if there wns a case to go to the jury. On Hie girl's own evidence the man did nothing more than put his hand on her knee. His Honour: That is an assault. Counsel (hen proceeded to call evidence. 'John Lister said he was nearly fifty year- of and a compositor. He was in the Basin J>scrve on the afleriKon in nuestinn. He was not unite sure whether he was on Ihe seat first or whether the children were there first. He got talking; to the children, and they mentioned they were saving money for Christmas, and they referred to their monev-boxe=\ Witness though l ; he had some uennies, and searched his matchnncket, and found two pennies, which he offered to the children to mil into their money-boxes, but Ihry did not want iwiiiiies, and he put the copners back into his Docket. He then spoke about Ihe infant ihev had with them, and remarked that it should be walking. After soni" further conversation, he placed his hand on the girl's knee, and raid to her "You have fine, fat legs." and that was all he did. The chiloren were wrong when thev said he offered them the pennies when they were going away. The children left him good friends, and said "Good-live." He continued to remain scaled when Ihe mother of the child came to the reserve.

Th cro"-cxamim\tion accused ad mitten' that he had been divorced by his wife, and Hint he had been connoted of several minor olt'ences, including assault, theft, and of lx-ing an idle and disorderly person. He was also sent to Pakatoa for o yeer.

Tin'-; concludco' (ho case for the defence, and the iury, after a short retirement, brought in a verdict of common assault, and commended the moUierof the child for bringing lb? case into court.

iris Honour deferred passincr sentence, and. tiirnins to the jury, said, "Gentlemen. T neree with ynn in commending the mother of the child."