SUPREME COURT.

Hokitika Guardian, 27 March 1919, Page 1

SUPREME COURT.

GREYMOUTH, This Day

L'hc Supreme Court sitting commenced yesterday before bis Honor Justice licrdman.

His Honor in his charge to the Grand Jury said the number of indictments was rather greater than was usually before a West Coast Court. The most important .case was one of indecent assault, but as the charge was a clearcut one, the case should give no difficulty. He reviewed the evidence and went on to deal with another case, where there was an aggravated assault a man having been struck on the jaw. After sifting the evidence, His Honor expressed to the Jury the opinion that they would have little difficulty in finding a true bill. He next analysed the circumstances of a. case in which William Davis, was charged with theft, and impressed on the Jury that the circum. tances seemed simple. The charge against Burke of stealing, a horse was dealt with at some length by his Honour. Burke had stated that he had bred the horse and that the animal belonged to his son. The facts seemed simple and the Grand Jury should have no trouble. There was a case where it was alleged that a motor car had been stolen. Two cases were unusual, one where a person was charged with impersonation—voting in the name of another; and the other ease was a charge of making a false declaration, ngainst one McGruer. His Honour remarked the latter case was a most unusual one. Ho asked the Jury to deal with the whole of tlfe circumstances in considering the verdict, and his final word was that they should ascertain whether a prima facie ease had in each instance been made out. TRUE BILLS. The Grand Jury found true bills as follows: iKdmund 11. Shore, alleged theft of motor car. Thomas Rothwell, alleged assault and causing bodily harm. • William Davis, alleged theft. Alexander McGruer, alleged false declaration. James Bourke, alleged horse theft. THEFT OF MOTOR CAR. Henry Howe Shore was charged with the theft of a motor car to which charge lie pleaded not guilty ; hut he pleaded guilty to falsifying a telegram. Mr Joyce appeared.for the accused and Mr Park for tlip Crown. After hearing lengthy evidence the jury retired, but after four hours failed to agree and the foreman stated that there wa no prospect of their doing so. His Honour discharged them till 10 o’clock this morning. CHARGE of assault.

Thomas Rothwell was charged with assaulting one, Maurice Gibbons and caused bodily harm. Accused, for whom Mr Joyce appeared, pleaded not guilty. The evidence went to show that the case arose out of a row at Otira on Pence Day, when Rothwell and Gibbons had a difference. Gibbons was seen to pick up a strone, but before ho could hurl it, Rothwell, as one witness said, “landed him one,' 1 and Gibbons had a broken jaw. The Jury returned at 8.5-5 p.m. and the foreman stated that they had failed to.agree and that there was no likelihood of .their doing so. The Jury was discharged till this morning when a now trial will take place. alleged TIIEFT.

William Davis was charged with the theft of various articles at Blackball in November last. He pleaded not guil-

liis. Honour, in summing up stated that there .was no doubt that some of the articles stolon were found in the accused’s possession, and our law is that if such articles are found in one’s possession that one must account for the possession of same. Tie stressed on the point that the accused had lived for five years in the boarding house and then was turned out at a moment’s notice, and docs not think it worth while to question his landlady why he is turn, ed out. The accused’s story is that someone, out of mischief or otherwise, placed these articles in accused’s pocket. His other actions would lead one to ask were they the actions of an honest man. This was, His Honour remarked for the Jury to decide. It was the Jury’s duty to be convinced of the accused’s guilt. It has been the law in England for years and years for an accused to account for any stolen goods in hia possession. Social life would get into a most unsatisfactry slate, said

His Honour, if a man has stolen, property in his possesion and cannot account for it. then is acquitted on the matter being passed over by the Jury. The jury after a. retirement of 11 hours returned with a verdict of guilty with a recommendation for mercy.

Mr Joyce asked that probation he extended the prisoner. His Honour stated that he could not

:pe his way to do this on account of

previous convictions for drunkenness and wilful damage, and the fact or his stealing from a mate when sick. Ho sentenced Davis to 12 months’ imprisonment.