SUPREME COURT

Gisborne Herald, Volume LXVI, Issue 20016, 15 August 1939, Page 4

SUPREME COURT

QUARTERLY SESSIONS SHORT CRIMINAL LIST JUDGE’S COMPLIMENTS ABSENCE OF SEXUAL CASES "I have to offer you my congratulations on the fact that the criminal calendar for this court is so short, and especially on the fact that it contains no cases of a sexual character,” commented Mr. Justice Johnston in addressing members of the grand jury during the Opening of the quarterly, session of the Supreme Court in Gisborne this morning.

The list of cases for hearing, apart from one criminal, case, is shorter than usual, only one civil matter being set down for decision, while one banco matter, two bankruptcy i petitions and two divorce petitions comprised the remainder of the list. Grand Jury Empanelled

The following grand jury was empanelled: F. R. Ball, foreman, A. C. Cooke, K. W. Bull, H. D. Anderson, A. A. Allan, H. C. Andersen, F. Hornitorook, B. B. Macche, R. J. Eastwood, L. J. Franklin, ’H. L. Johnston, H. R. Kendon. W. E. Krebs. W. S. Allen, W. M. Wildish, H. G. Wellbourne, F. W. Roberts, R. C. Piesse, T. Smellie, S. P. Sheppard, D. S. Thompson, F. Tolerton, and M. W. Craig.

His Honour relieved other members of the grand jury called for service but not empanelled.

He commented with satisfaction on the brevity of the criminal calendar, a matter on which the district was to be congratulated, he felt.

It was especially satisfactory that there were no cases of a sexual char-

acter, such as had formed so large a part of some recent criminal calenders in the Dominion, . ■ .. . . . .

His Honour thought the grand jury would'have little difficulty in dealing with the indictment against a native car driver, iMark Nepia. Driving so negligently as to cause death was, of course, a serious crime, and that of failing to stop after an accident also was serious.

His (Honour considered that the prima facie evidence in support of the indictment spoke for itself. There was no question that the car which killed Miss Berry and injured another young lady was the cai- driven toy Nepia, who with the other two- men -in the ear, had been drinking- previously.

Mr. Justice Johnston reminded members of the grand jury of their privilege Of submitting presentments upon matters of - law adjudication affecting their districts. It was the opinion of New Zealand judges that this -was one of the important functions of the grand jury. ' Common Jury The common jury were sworn as follows: —Jas. Pollock, D. Urry, L. Slade, Geo. Allen, F. Parnell, J. Mcl. Gentles, D. Reeves, L. H. Scott, J. R. Sampson, A. H. Rowson, J. C. O. Hill, N. Ibbotson, S. T. Lewis, A. S. Jeram, R. C. Knowles, R. A. Short, R. Campbell, E. E. Harvey, D. C. Johnston, H. E. Juson, C. J. Kelly, John Yita, W. Pritchard, Edwin Grundy, H. Morris, J. W. Parker, Jas. Gunn. C. P. Perry, Emanuel Roderick, C. Mitchell, H. J. Toye, C. Somervell, E. R. G. Clayton, R. H. Coleman, Herbert Davis, H. H. Tyler, C. S. Dominey, F. J. Gavin, A. Cassin, Stephen Fryer, Percy Foss, B. W. Fletcher, Donald Ferguson, Edward Fitzgerald, and F. H. Elliott. After a short retirement, tlie grand jury returned a true bill in respect of the indictment of Mark Nepia, and the hearing of the charges was proceeded with immediately.