Cases for Trial

Hawke's Bay Herald-Tribune, Issue 20, 8 February 1937, Page 6

Cases for Trial

SUPREME COURT Judge's Address at Napier Session EVIDENCE REVIEWED Seveix crtmlnal triaJs are to he heard before Mr Justice Ostler at the first quarterly sessions for 1937 of the Supreme Court at Napier, which began at 10.30 o'clock this morning. In addition to the trials, five prisoners will appear before His Honour for sentence, after which a start will be made with the civil list, which on this occasiop is fairly heavy. Tbe criminal trials in respeet of whicb His Hononr addressed tbe Grand J'ury tbis morning were as follow:— Frederick William Morley, alleged tbeft and alleged receivingj Harold Douglas Boyle, alleged assault with intent to commit rape; David William McBirney, alleged obscene expoaure; Patrick O 'Sbannessy, alleged indecent assault on a male; Tbomas Smitb, alleged tbeft from dwelling; Percy Raeburn Smyrk, alleged tbeft as-servant. Tbe Grand Jury was empanelled as follows: — Messrs L. Picking (foreman), D. Barry, J. F. Nelson, C. D. Anderson, A. M. Retemeyer, G. A. Peake, E. E. . Marsden, J. Harris, L. A. Krogb, H. McGregor, A. A. Hastings, C. S. Geddis, W. Forsyth, J. Fairclough, W. Neilsen, J. A. Burtensbaw, T. A. Moodie, C. D. Cox, R. Norman, J. W. Snaddon, E. A. Young, J. Rae, J. Edwards. "There are seven indietments, four involving dishonesty and tbree of a sexual naturc," said His Honour in bis address. "The first case is against a man named Morley, and tbe facts are tbat a Mrs Chambers left in ber car at Hastings a suitcase whicb subsequently disappeared. Some time later some of tbe contents were found in Morley 'r possession." Morley was further charged with allegally receiving a gold watcb. Tbe facts as outlined by His Honour were that accused had been *lent the watch, but had first tried to grind the initials of£ it and had then taken it to a wafchmaker and sold the works for £3. The Grand Jury would probably find no difficulty- with the case. '"Then we come to the case against Smyrk, who was secretary of the Waipawa Hospital Board," added His Honour. "He is charged with the theft of £45 3/9. The sum of £50 was kept in the board 's office for petty-cash purposes under the care of a man named Sharpin. Smyrk got into the habit of borrowing money fronj. this fund. He would put in an I.O.U. and square up at the end of the roonth. At the date

of the alleged offence, be owed only £5, but be xeceived an account from a scbool for £45 3/9." Sharpin was holding a cbeque for £84 in tbe safe and at tbe request of Smyrk cashed it and gave Smyrk some of the money. His Honour pointed out tbat it was against the law to appropriate public moneys in tbat way, and, wbile be thought there might be something to say in accused's defence, there seemed nevertbelesa to be a prima facie case for him to answer, In regard to the case against Smith, His Honour said, b© bad been living in a tent in Nelson Pai'k, Napier, in 1932 with a man wbo lo$t two rugs and some otber articles. Tbey were later found in tbe possession of the accused. His Honour dealt with the sexual charges briefly. So far as tbe case against O'Shannessy was concerned, be said, ' accused met a man at Meeanee and there committed the indecent offence allegied. _ McBirney, the Crown alleged, was riding his bicycle along Munro street, Napier, on tbe morning of November 19 last, when he passed two girls, one aged 12 and tbe otber aged 14. As fce passed he winlted and smiled at tbem and later got otf liis cycle and i.udecently exposed himseli "It is well-known to those concei'ned with crime that fcher© is a class of man who seems to derxve a certain amount of satisfaction in exposing himself to women and girls," commented His Honour In the case against Boyle. His Honour said, the evidence was that the accused asked a giri employed in a milk-bar at Hastings if he could take her home one night. Sbe consented, and while in the vicinity of tbe railway station be assaulted her. A man heard her cries of help and went to lier assistanee. Sbe straigditway went to ber employer and told him what bad occurred.