SUPREME COURT

Dominion, Volume 13, Issue 114, 7 February 1920, Page 5

SUPREME COURT

JUDGE CRITICISES WAYS OF POLICE

"THEIR VIEWS NOT MY VIEWS"

SEKIOUS CHARGES.FAIL

'flip criminal sessions of the Supreme Court, wore- continued yesterday. His Honour Mr. Justice Edwards was on tlifl Bench. Avn, Alley and Gertrude Martin were placed in the- dock to answer a charge of conspiring to procure miscarriage. There were three counts in tho indictment. Mr. P. S. K. Macassev appeared for the Crown. Mr. T. M. Wilfor.d for the. accused Alley, and Mr. W. Terry for Martin. Roth accused pleaded not guilty, end before the jury wis empanelled Mr;- Wiiforcl s:iid that ho desired on behalf of Ins client that the trials should bo separated. His Honour would notice that in the indictment there were three charges—(l) that with the intention of procuring miscarriage accused had attempted to uso an instrument; (2) that the two accused had conspired for tho purpose, and (3) that Martin counselled. Alley to commit the offence. Mr. Wilford said that in the Magistrate's Court the charge was conspiring, and after accused had been, committed for trial, tho Crown added tho other two charges ns it had a right to do. He would not havo made the application, had tho Crown confined itself to the charge of conspiring, but as the other charges had been added bethought thai: his learned friend should consent to the severance of tho cases, for what was evidence in. one case was not evidence in Hie other. Mr. Mncfesey opposed the application, 'nnd His Houour decided against Mr. Wilford. Mr. J. H.-Fuller was foreman of the jury. Evidence- was called by the Crown only. / His Honour, in his summing-up, said the evidence disclosed that a detective had obtained a statement from a witness (White).aflcr tho latter had been kept at the office for about one hour and a half. The woman was not there of her own volition, but was in reality under duress. It was important that crimo should he detected, but not in such a, fashion, where a person was practically trapped and a statement squeezed out of her. It was absurd to suppose that the statement was given . voluntarily. He was not blaming the police officers, who no doubt acted conscientiously, but their views were not his, and Were not. in accordance with English practice, because tho person who was. being questioned had no protection. His Honour very much deprecated such ;a. . courso of action and trusted that _ in future it would bo unknown. Reviewing tho evidence, His Honour said tliero was no corroboration of White's statement that an illecra-1 operation, had been performed, and there was no evidence of conspiracy. Referring to the caso against Martin, His Honour said the only evidence against her was contained in a statement made to the police by White, and her own admission. Martin had had a statement scpieezcd out' of her, but Alley, by wisely holding her tongue, was bound to bo acquitted unless tho jury preferred to disregard his direction. - It would be unsafe to convict Alley on the uncorroborated evidence of an accomplice, and it. would amount to a. legal absurdity to find Martin sniHy and acquit Alley on tho same evidence. ■ • After a retirement of about 15 'minutes tho jury returned a verdict of not o-uiity on all counts against both prisoners, who were immediately mscharged. A WATETJSIDER'S THEFT. When placed in the dock Sydney Bushby, a. waterside worker, iileaded •niilty to the following charges! Theft ot nine aluminium saucepans, 16 rakes ol Sunlight soap, four packets of Lifebuoy soap, a pair of snips, ono Potts Iron and stand, tho property, of George Winder; theft of a auantity of blue serge, live boys' silk caps, 11 pairs of ladies sill; stockings, a lady's handbag, a Bruco Woollen Mill nig. two bottles of Australian brandy, a box of face powder, ami two furs, valued in all at JMS, the property of some person or persons unknown. , ... Mr H F 0 Learv, who appeared for the prisoner, said that Bushbywas 30 years of age, a married man with three children, and had not previously been before the Court for. dishonesty, Lnring the last few years his wife had been an invalid; and for the past five years practically a, cripple. Illness hart considerably reduced his wages for Hie family upkeep owing to so much bavin" been spent on medicines, etc. Ho was a hard-working man and to supplement bis wages he had gone to _tii6 Hutt and engaged in pou.try farming. The theft from Winder's was committed when he was under the influence ot liquor: he committed the offence in an open, foolish maimer. Now that ho had been brought up with a round turn. Eushbv realised Ins position, and it given "a chance would not again come before tho Court. The, man bad friends who would help him along. His Honour said that lie had great hesitation in extending clemency,, but he would give the prisoner a chance and would place- him on probation for a period of two years Bushhy wais also ordered to pay £5 Is., the costs of the prosecution. ALLEGED INDECMT ASSAULT. \ youth named Daniel Stephen Foley, tor whom Mr. H. F. O'Leary appeared, pleaded not guilty to a charge of committing an indecent assault on a. .gin n-ed six, on January 18, at Hataitai. "Mr. Evan Jones was foreman of the JU The Court was cleared during the hearing of the case, which had not concluded when the Court adjourned at 5 p.m. The hearing will bo resumed at 10.30 a.m. to-day.