SUPREME COURT.

Hokitika Guardian, 23 June 1923, Page 2

SUPREME COURT.

OREYAIOUTH, Juno 23 The Supreme Court sittings opened yesterday before Air Justice Adams.

In his charge to the Grand Jury, his Honor said that there was only one case, that against Charles Michael Do'lo, to engage their attention. Though the offence was serious the evidence piesented no difficulty. The case arose out of an assault upon the Kaituna, us the result of which one man, Simpson, met his death. Hoyle was indicted 011 three charges—manslaughter, assault with intent to do serious bodily harm, and assault. After reviewing the evidence, his Honour saitl that all the jmy had to do was satisfy themselves that there was a ease lor a common juit. “] am glail to say," said liis Honor, “that the case is one that was brought from oversea, and that there is no actual crime in the district to engage your attention. That is very «aiisl'ac-

tory.” The jury returned after a retirement of about fifteen minutes, with a true bill on all counts. NINE MONTHS FOR FRAUD. Patrick Ernest Furlong Collin, who was committed for sentence at the Magistrate’s Court on Tuesday on two charges of false pretences, came up tot sentence. ■‘The probation officer’s report is rather bad,” said his Honor. Mr Kitchingham said that prisoner was a man not ovcr-fohd ot work and had been knocking round Greymouth when the offence took place. Ho poriodi(ally, ii appeared, tried to raise funds by illegal means. His Honor said lie noticed that there were three previous convictions for theft, idle and disorderly conduct ami drunkenness. Apparently be was addicted to drink. He would be sentenced to nine months’ imprisonment on each charge, the sentences to be concurrent.

Air Kitchingham asked that the prisoner bo committed to the Wellington gaol, as he had to answer charges of fraud at Pahiatua. His Honor agreed to ibis course. ALLEGED MANSLAUGHTER. Much public interest was shown in the hearing of the charge against Charles Alichaol Doyle, formerly a fireman aboard Clio Kaituna, who in consequence of the death of A\ illinm Henry Simpson, following a scuffle aboard the Kaituna on April 2, appeared indicted on three charges: fl) Afanslaugliter, (2) assault with intent to cause actual bodily harm, and (3) assault, causing actual bodily harm. Mr \Y. J. Joyce appeared for the accused, who pleaded “not guilty” to all counts. Alter hearing lengthy evidence and counsel’s addresses his Honor summed up. His Honour said the main charge was a very serious one, and they should give it the most consideration. Manslaughter consisted ol the causing ol death through negligence or from the doiii" of an unlawful act. The second count charged the deceased with intent of doing grievous bodily harm. Ihe third count was that the alleged assault had caused actual bodily harm. It was open to them to find the accused guilty on one of three counts if they took the evidence of the (Town. The evidence for the Crown showed that a fight, which lasted for some time took place, and that it ended in Simpson being thrown over the shoulder ot the accused. The evidence, which was uncniitrndicte.l. of the surgeon who performed the operation, showed that there was « considerable amount ot swelling in the region ol the aim-pit, and that, from other signs visible, they came to the conclusion that nil operation was the only resource lelt. it the man’s life was to lie saved. The operation was unsuccessful, and the man died. The recused, if they took the Crown’s evidence, would be found responsible for the death if the deceased. If they decided on this they must bring in a- verdict- oi guilty on the first count. He then traversed the evidence ol lelfer and Nett man. Il accused!* statement was true, then the evidence if the witnesses was untrue. The statement set out that the accused did nothing to provoke a quart el. The man was not in such a drunken condition that he did not know what he was doing. The facts of the ease must he determined by them on the evidence. The jury retired at 0.30 p.m.

They returned at 8.40 p.m. Accused, who throughout the trial had listened attentively and interestedly-, stepped into the dock in a niin-vha-lant manlier. The jury returned a verdict of “Not Guilty” on all three counts and the prisoner was discharged.