The Orr Case

Hokitika Guardian, 23 September 1922, Page 1

The Orr Case

CHARGE AGAINST A CLERGYMAN

WELLINGTON, Sept. 20.

There was an expectant silence in the Magistrate’s Court, which was crowded this morning when the case Nellie Evans v. Robertson Orr war called, hut the defendant failed to ap pear. Defendant was represented b\ Mr C. C. Mazengarb and Mr E. G. Jellieoe appeared for complaintant. Mr F. K. Hunt, S.M., was on the Bench.

Mr Mazengarb said that when lie made application for an adjournment before Mr Riddell, he mentioned that a further delay might be necessary joefore defendant’s health would permit iiii’n to attend. At that time Mr Orr was not in a fit condition to travel, but arrangements had since been made for Ids conveyance to Wellington. On arrival here it was found that defendant’s condition was so serious that, in consultation with- a- specialist, he was advised to enter a private hospital, and lie was now a patient of a convalescent home. Counsel had been informed by Dr Jeffries that it would be at least three months liefore defendant could attend to business or Court proceedings. There was a medical certificate to This effect, and it bore out the truth of the statement supplied by Dr Unwin on the previous week. Under the circumstances lie asked for a further adjournment of the case. Dr Begg, oalled by defendant’s counsel, corroborated Dr Jeffries’ statement that defendant was quite unable to take part in legal proceedings. To Mr Jellicoe: lie first srtw Mr Orr yesterday about lUa.m. when he was a patient in a private hospital. He had been consulted by defendant previouslv, in the .August of 1020, but he bad not spoken to him since then. Arrangements were made for Dir Orr’s conveyance to the hospital, hut this fact liad been communicated to him by defendant’s counsel. Defendant’s wife relations and friends had not communicated with witness on the matter of examination. He Found that defendant was suffering from severe prostration. due to mental anxiety and depression, and he considered that further excitement would have serious consequence. . • ~ Mr Jellicoe said it was an indictable charge,’ and defendant was required to be present at the proceedings. If Ori was not in a condition to stand for his defence could he not he in C ourt to hear the evidence of other witnesses, whose depositions he suggested should be taken immediately? The Magistrate: It is a case of being in a fil mental condition to follow the evidence of the witnesses. Continuing Mr Jellicoe stated that he opposed the application for an adjournment on the evidence he could produce concerning defendant’s movements since the offence was committed. He reminded his Worship that he had promised to issue a warrant for Orr’s arrest if he failed to appear. Mr Hunt: Yes, but there was no mention of defendant’s ill-health then. I received a message from Dr Jeffries this morning advising that defendant was absolutely unfit to appear in Court and his mental condition was such that it would be unsafe for him to he at large.

Mr Mazengarb: I have no objection to Mr Jellicoe appointing any doctor lie likes to examine defendant.

Complaintant’s counsel pressed to have evidence taken to-day but I lie MaMgistrnte said he would adjourn the case for a week.

“Then the whole responsibility if tho ends of justice are defeated rests with you, Sir,” replied Mr Jellicoe. “Oh, that’s all right. I accept. Adjourned for a week,” concluded Mr Hunt.