SUPREME COURT.

Gisborne Times, Volume VII, Issue 388, 12 April 1902, Page 3

SUPREME COURT.

(Before His Honor Mr Justice Conolly.) ALLEGED PERJURY. At the Supreme Court yesterday the charge of perjury against lopa te Hau was continued. Mr W. L. Roes, for accused, raised three objections to the indictment, to the effect that there was no corroborative evidence of lopa having given the first cheque; that the question of the first cheque was not material to the issue in j tho Lower Court, and thirdly that the cheque of £4O being alleged to have been for a gambling debt, perjury could not be assigned on a false statement regarding it. His Honor over-ruled the objections. I Mr Rees was about to call evidence, when His Honor referred to the fact that a great deal of evidence given tho day before was irrelevant. He would direct the Jury I that the main question was whether or not two cheques had been actually given I by the accused and afterwards denied by him.

Mr Rees said that under the circumstances he would not call evidence, and after counsel had addressed the Jury, His Honor summed up, and the jury retired. After half an hour the foreman and

tho jury came into the Court and asked His Honor the following ques-

tion : “ Are we to satisfy ourselves that tho prisoner had the full intention of misleading tho Court ? ” His Honor: “ I don’t see how he could have any other intontion. Why does a man swear false in Court if he does not have that intention ? A man is supposed to know that that is the natural result.

If a man strikes you a blow, he intends to injure you ; if a man swears false, he intends to mislead. A man must intend to mislead if he swears false.” The jury again retired, and later His Honor seut for them to learn if there was any particular poiDt upon which they were unable to agree, and whether he could assist them in any way by reading any part of the evidence. The foreman stated that the jury were about to ask for the depositions of the prisoner given in the lower Court. He might say they were all agreed but one. (Laughter.)

His Honor: You must not tell me that. Having obtained the depositions oi the accused in the lower Court, the jury withdrew. At 3.30 the jury returned a verdict of guilty. His Honor said he would defer passing sentence until the following day.

ALLEGED ASSAULT. A young native Darned Matehaere was charged with assaulting one Frank Dean at Te Arai so as to cause him actual bodily harm. Accused pleaded not guilty.

Mr J. W. Nolan, Crown Prosecutor, conducted the prosecution, and Mr R. N. Jones appeared for accused. The following jury was empanelled:— Messrs W. A. Friar (foreman), John Wilson, A. H. Gillman, W. J. Green, M. McLeod, F. J. Teat, H. Hamilton, T. McGregor, H. Martin, C. H. Ambridge, H. Sandlant, T. Howarth.

For the prosecution, evidence was given by Dr Craig, Frank Dean, laborer, Norman, Kirk, Charles Westrupp, August Zenker, and Detective Nixon. For the defence, evidence was called by M “

r Jones to show that Dean given ihe prisoner provocation by cursing him and calling him a black Maori. His Honor, in summing up, said that the only evidence of actual bodily harm having been committed was given by the informant, whose evidence should be watched with extreme care. Commenting upon the evidence of Dean, His Honor said that some of the statements made were most absurd, and the evidence given for the defence was much more reasonable.

The jury retired, and after half an hour’s deliberation, returned a verdict of common assault against the accused.

Sentence was deferred until after the case which His Honor was engaged on when the jury returned to Court was heard. ALLEGED INDECENT ASSAULT.

A thickly-set Native named Ahipene Pakau, about twenty-five years of age, was indicted on two charges of rape and indecent assault, the alleged offence having taken place at Rangikohua. Mr Nolan appeared for the prosecution, and Mr W. D. Lysnar for the defence. The following jury was empanelled : —Henry Stevenson, John Campbell, Samuel Earle, George Stubbs, John Henry Ormond, Frederick Charles Bull, James Morrison, John Henry Hill, Enoch Richards, Ernest Nathaniel Sidebottom, George Williams, Benjamin Hird, Harry Miller. Mr Enoch Richards was chosen foreman.

In opening for the prosecution, Mr Nolan said that the prisoner was charged upon two counts, one charging him with having committed lape and the second with having committed an indecent assault on a female of- thirteen years of age. The complainant would tell the jury that she went out to a camp about thirty miles from her home, where she met the accused. Upon two occasions the prisoner assaulted her against her will. The girl made no complaint at the camp, as the prisoner threatened to do her violence if she did. Ho said that he would kill her

if she told what had taken place. About a week after the second assault, she made a complaint to her mother. After hearing the evidence of the complainant, the Court adjourned until 10 o’clock this morning, when cross-examina-tion of the witness will be taken.