SUPREME COURT
CRIMINAL SESSIONS OPENED
A MODERATE LIST
Tho quarterly criminal sessions of the Supreme Court were opened yesterday. Ills Honour Mr. Juetieo Chapman presided. Mr. P. S K. Macassey, of the Crown Law Office, appeared for the Crown. GRAND JURY. The following composed the crand Jury Messrs. O. W. Jones (foreman), A. O. Pracnoil, R. Pownall, J. O. Port. W. L. Foster, n J°hnstone, J. Helcher. W. 6. JJcnnett, O. Banks. O. Jones, (?. J. Hicks, C. h. Haweon, J. T, Pettigrcw, 11. liilcy. E, ]{. fr?r, l i 8 ' Kniirht. A. 11. Kitehing, J. M hldowncy. In his charge to the grand jurv, His Honour observed that the list oii this occasion was a fairly one. With one or Cl(a! Ptionß. the chargM were not of the aravest character. In one case a ?,i .f, 13 J har ,SF,<l with the murder or her illegitimate child, which had been found dead with a tape tied tichtly about its neck. Tho accused had made a statement that she tied the tape round the neck, but not that sho tied it there while the rhild was alive. Suggestions had at various times been made that the law might with advantaje be altered, so that such charges miirht be presented in a, less glaring form. An the law stood, however, and had long stood, proof _ of such facts as were disclosed in thiß caso sufficed to make out & prima fucio case of murder. The jury returned a true bill in each of the eases submitted to it. - ABSCONDED. When the Erand jury made its presentment in the case of Joseph Lewis Alfred. Mr. Macassey informed the Court [hat the accused had absconded. He had Btowcd away on a vessel and had cot; as far as ban Francisco, but had not been allowed to land. Then somehow he had eot himself signed on aB a member of the crew, "ml deserted at Rarotonna. The case was adjourned. A £5 NOTE AND A' KEY. Henri Arthur Hirt, a native of Switzerland, was charged with having scolen £40 iu money from the Bellevue Hotel at Lower ilutt. Accused entered a plea of not guilty. He conducted his own defence.
Mr. Macaßsev said he would call cvi- • deiice to show that on July 9 Michael | John 0 Halloran, licensee of the Beilevuo Jiotel. put away £75 in a cigar-box, which he placed m a wardrobo. He missed £40 nex V Accuacd had formerly lived a nn- th , c Be t llc ™o Hotel, and had left owing for board. At the time at which the money was missed, he wa» staying at the Victoria Hotel. Petone, but was friendly with a woman -who boarded at the . Ijellevue Hotel. On July 10 he paid the lieenseo of the Victoria Hotel £15- fos board. Amone tho money ho paid over was a torn £5 note which O'Kalloran would state "was amone the mouev put away in the wardrobe. In the aocuwed's room at the Victoria Hotel, a key was •Vt which fitted tho wardrobe. I ask lour Honour to protect- iny interests, as I am defending myself." said the accused before he proceeded to crosscx??li '^ e witness O'Halloran. ■Addressing the jury when the last witness for the police had been heard, acciiHcd made a statement purporting t-o account for all his movements on July 9. Ho averted that three weeks before that date he had received £20, of which he had •spent very little. . Ho went to a gambling Bchool on the night, of July 9, and he came out with just about tile samo amount of money as he took in. He did not suggest that the £5 note the nolice mentioik'd had not belonged to O'Halloran: but he submitted that quite probably the note came into his "possession during the time he spent in the (rambling- school. Ills rcaßon for not euirgeHting this probability to the poheo when they made inquiries, was that he feared to incriminate himself by admitting that he had gambled. We had no reason whatever for Btealing m i cn sA n fact ' hc WM flurc that ho needed £40 or more his friends in Wellington St *i!" country would stand bv him. ' think it is & mo&t ridiculous affair that a man should by put iu gaol just because another man says a note is his because it la torn," said the prisoner. In reply to a question asked by the toreman of the jury, Mr. Macaney said mi j !\? k ,«', found in the accused's room 11 1 . 2 1.?/ accused's bag as well as the lock of OJlalloran'a wardrobe. After a retirement of an hour and thirtv-flve minutes, the jury found the prißaner guilty. Kis Honour sentenced Hift to twelve mouths imprisonment with hard labour. AN ACQUITTAL. A charge of having committed an unnatural offence was preferred against Albert George Davies (Mr. A. B. Sievwneht). and Percy Unseld Prances (Mr. Guilty ' 1,1 accuse(l P'wded not The evidence for the prosecution was to tho effect that a constable lad caught tho accused iu the act uf committing the offence imputed to them. Evidence showing that Frances had served at the front and had borne an excellent character both prior to and during. hie period of service was cailcd bv his counsel. It appeared, moreover, that I ranees had been severely shell-shocked, and had been noticeably changed by his war experiences. Davies, speaking from the dock, told the jury that he arrived in Now Zealand by H.M.S. Itcnown, aboard winch he was an officers' steward lie had a good-conduct stripe that it required three successive years of i»ood conduct to earn. He protested that he was • innocent. The jury acquitted both prisou.rs.
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Dominion, Volume 13, Issue 265, 3 August 1920, Page 6
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948SUPREME COURT Dominion, Volume 13, Issue 265, 3 August 1920, Page 6
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