SUPREME COURT.

Hokitika Guardian, 7 May 1929, Page 5

SUPREME COURT.

CHIEF JUSTICE TAKES HIS SEAT. (By Telegraph—r*er Press Association.) WELLINGTON, May 7. The quarterly criminal sessions oif the Supreme Court opened to-day, the Cliiot Justice, Mr M. Myers taking his seat for the first time. Addressing the Grand Jury, lie said lie would have liked on the first occasion he sat on the bench to he able to tell them that the calendar was a particularly short.fliie, but, unfortunately, he was not in the position to tell them that, because the list of indictments was longer than at any sitting during the last lew years. It would be an improper inference, however, to assume from that that crime was increasing. He congratulated the district on the fact that there was not one charge of outrage against women or children or any act of indecency. WELLINGTON, May 7. True Bil's' wore returned in the following cases:—James Smith, alleged intent to do grievous bodily harm, and allegedly doing actual;, bodily harm. Sue 'Wall, alleged theft. .John Sharp, alleged received stolen property. George Wilford Ryan and Richard Ryan, alleged theft of postal packets Eric Gordon Brassoy, alleged false pretences. William Worsley, alleged perjury. Corneille Hubert Be- Mey ■ Dalkcniade, alleged theft (three charges). Thomas Gorjdon G'eorge, Wilfred Ryan, Richard Ryan and Hewitt Alan Canon, alleged 'breaking, entering and theft and alleged arson. JUSTICE OSTLER’S ADDRESS. QUESTION OF NEGLIGENCE. AN IMPORTANT DIRECTION. PALMERSTON NORTH, May 7. The criminal session of the Supreme Court opened this morning. Justice Ostler, addressing the Grand Jury, said there were only three eases ior trial and one for sentence, a record for the district at this session. The first charge was a serious one of alleged murder, a sad case in which a married woman of TelioVo was charged with killing her four-year-old child. According to the evidence there was no doubt she did the act. The defence was that she was insane at the time, but that was for the common jury to determine. ' , Referring to a case against a young man, O’Donnell, charged with allegedly recklessly driving a car and thereby causing the death of his brotliei, his Honour said, after traversing the facts, that no man should be put on a criminal charge of negligence unless it is of a gross character. It was quite wrong for a man to stand a trial because a human life had been' lost through liis inaccuracy. Gross negligence means something more than an error of judgment. Referring to the evidence, his Honour said although the fact that accused’s car continued over a bank might he regarded as corroborative evidence of excessive speed, the actual impact consisted of two speeds added together. If it were sufficient to tear off the bumper, it might be quite sufficient to upset the steering gear oif a light car. The question was whether the other party could accurately observe mnd record the accused s speed. If that were considered impossible, and that seemed to he the only evidence of negligence, the accused should not have to stand his trial. If the version given by the other pauty was thought to be reliable, as indicting excessive speed, then a true bill, should he returned. PALMERSTON N., May 7. The Grand Jury returned true hills against Agnes Simpson Mickell, charged with murder; Percy Vallendor, charged with indecent assault.. No bill was returned against Maurice Clement Albrey O’Donnell, charged with lucklessly driving a car and thereby causing the death of his brother. Without retiring, the jury returned a verdict in accordance with the evidence given by three medical practitioners in connection with a change against Agnes Simpson Mickell of murdering her four yoar old child at Telioro. , 'l’lie jury were called upon to decide whether the accused was able to answer the charge and replied: ‘ Me find the accused' insane, so as to be unable to answer the indictment.” His Honour directed the accused to be kept in strict custody at Porirua mental hospital until fhe pleasure of the Minister df Justice was known. Medical evidence was given by Russell, Deputy Director-General of the Mental Hospital that accused was suffering from melancholia and it was not desirable for her to appear in court. Ihe evidence of other witnesses stated the accused was insano and was not responsible for her actions and the jury gave a verdict ns above.