SUPREME COURT.

Gisborne Times, Volume X, Issue 992, 11 September 1903, Page 3

SUPREME COURT.

CRIMINAL SESSIONS. (Before His Honor Mr Justice ‘ Cooper. l ) The criminal sittings of tho Supreme Court opened yesterday morning before j Hie Honor Mr Justice Cooper. HIS HONOR’S CHARGE. I In addressing the Grand Jury His * Honor said : I regret that the first occa- * sion on which I have had tho duty of proII siding in this district should have been ! caused through tho serious j illness and * consequent retirement of His Honor Mr 1 Justice Conolly. I am quite sure that 1 you will all agree with mo in hoping that in his retirement he may yet be spared for some time, and may recover at any rate a sufficient amount of health to enjoy tho overling of his life. His Honor has been for a very long period of his life in the public service. He is of very great ago, and I am sure that wo will all wish that his few remaining years will be spent in peaceful and happy retirement. Tho calendar charges against prisoners which you have to consider are small. There are fivo prisoners and seven charges. Ido not konw that any caso calls for any particular remark, with porhaps one exception. There is a charge of indecent assault against an elderly Native named Tapene, and tho offence disclosed upon the depositions before you will be quite sufficient to roturn a true bill. There is also a charge of theft against another Maori, in which the circumstances are simplo, and I think you will find no difficulty in connection with that charge. There are threo charges of forgery against a man named King, in which the offence seems on tho face of it to bo abundantly clear. There is a charge of abduction against a Maori named Butene Taitapanui. Tho circumstances in that caso are no 1 doubt somewhat peculiar. The prisoner is charged under tho Criminal Code with • taking an unmarried girl under the age of ’ 16 years from the charge of a person who ’ had the lawful custody of the child. As a matter of fact, the child was an orphan, and was in the custody of tho trustee appointed by the Native Land Court. She voluntarily left —the girl was just under , 16—she left the custody of her trustee , with this Maori, and had been living with , him apparently ever since. However, thero is sufficient material on which to find a true bill, leaving the common jury to deal with the circumstances. As the law stands the man who takes an unmar- j ried girl from the custody of the person who has charge of her may believe that she is over 16, but that no longer alters the offence, and it is immaterial whether the girl is taken with her own consent or at her own suggestion.

The circumstances in this case apparently will disclose that the girl was taken with her own consent, and that she was just under the age of 16. These are circumstances not to be taken into account by you, gentlemen, in finding a true bill. The other case is a charge of assault, causing bodily harm, against a married woman, Margaret Ann Whitfiold. In that case also I think it will be your duty to return a true bill. The circumstances are no d

doubt very painful. The husband appears to have been addicted to drinking, and was under prohibition. It appears he took a bottle of beer into the house. His wife remonstrated, and there was trouble over it. He called one of his sons by a most opprobious name, and. she resented it, apparently hitting him over the head, according to her own statements, once or twice — or more times with an iron scraper, inflicting a very serious wound, causing a considerable loss of blood, and for a time at any rate endangering the man’s life. Whether or not the circumstances were sufficiently provocative to justify in law the assault, or whether she actually did commit the assault as suggested by the evidence brought bofore the Magistrate in defence of her youngest son, that ought to be more properly dealt with by the common jury. You will consider this case oarefully, and if you think the circumstances justify you in finding a true bill you may do so. The cases of forgery are clear. Gentlemen, you will now retire to consider the charges.” TRUE BILLS. True bills were found by the grand jury in the three cases against Patrick O’Connor, forgery and uttering ; Nere Makaore, theft; Butene Taitapanui, abduction; Tapene, indecent assalt. ALLEGED FORGERY.

In the case of the young man Alexander Campbell, who pleaded guilty in the Lower Court to a charge of forgery, Mr L. Roes appeared for prisoner, and asked that the provisions of tho Probation Aot be extended to accused.

Evidence was given by Messrs F. Stephenson Smith (district surveyor) and John Roddick, both of whom stated they had found the accused a straightforward and honest lad. His Honor was at a loss to know how the accused came to commit the offence. He was of good character and was not in want of money. Mr Rees said that when out of work accused took to drink, which was the cause of tho offence being committed. His Honor said he was very doubtful as to what he should do in this case. The prisoner could be brought before him on the following morning. ALLEGED ASSAULT.

No bill was found in the case agains*’ Margarot Whitfield, who was discharged’ His Honor said he thought the grand jury had acted very properly, as it was improbable that a common jury would have convicted. Addressing Mrs Whitfield, he said I would like to advise you, if possible. It is evident you have rather a strong temper, and I should advise you to avoid quarrelling with your husband and getting into a similar difficulty. AN OLD OFFENDER.

An elderly man named Thomas King’ with several aliases, was found guilty of forging the name of Patrick McLoughlin to a cheque for 1)3 10s, and uttering same. He also pleaded guilty to two other charges of a similar character. His Honor said that prisoner was not a firs! offender, and had been twice convicted of forgery at Dunedin on November 26, 1900, and on August 26, 1902, The sentence of the Court would be three years on each charge, the sentences to run concurrently. ALLEGED ABDUCTION. In the case of Rutene Tautapanui (M r L. Roes) who pleaded not guilty to the charge of abducting an unmarried girl named Horiana Tamiti,

The Jury returned a verdict of “ Not Guilty,” and accused was discharged.