SUPREME COURT

New Zealand Times, Volume XXXVII, Issue 8346, 5 February 1913, Page 10

SUPREME COURT

QUARTERLY SESSIONS A SUBSTANTIAL SENTENCE. The criminal sittings of the Supreme Court was continued before his Honor Mr Justice Chapman yesterday. The hearing of the indictments against Albert John Udy, of destroying a house, the ptox>erty of Alary Ann Udy, at Waihakeke, Carterton, on November 3th last, was continued. Air P. S. K. Macassey appeared for the Crown, and T. E. Maunsell for the accused. Frederick Hercock, of Waihakeke, said he milked the cows for Mrs Udy four or live times prior to the explosion because accused had been drinking. This was at the .request of accused's mother, who said her son was unwell. _ He saw accused at his own house on November sth, ami later ho was at witness's house. This was prior to the explosion. He did not tell accused at any time that he (witness; was going to milk the coirs, though he must have Known he was to attend to them. About 11 o’clock on November sth witness, who was at his own house, heard the explosion. His mother became hysterical, and after he had pacified her he went to Udy's house. He found the accused, lying about a chain and a half from the house. He turned accused over, looked at him. and. then went to save any furniture from the house, which was blown to pieces. With assistance he managed to save a duchess chest. There were three fires in the house. The horse and trap were at the back of the house when he first saw them, but when he went back after the explosion the turn-out was near the sow bails. Witness never asked accused any questions about the explosion. William John Hall said that he knew the accused, though he was not a relative of accused. Ho stated in the lower court that he saw the gig taken from the house near the back door towards the gate about 1 chains away, and then accused returned towards the house.. He now denied tnis evidence. lie did not see accused return to the house. His Honor: Don't let us have any fencing over this. We have had the family here already. Ho you repeat that or contradict it? Witness: Well, 1 didn't see him go back. ~ . His Honor; Well, what you said in the lower house is incorrect i AVitness: kes. Continuing, witness said he heard_ the explosion, but did not go to Udy a place immediately. Ho remained to pacify some women at the place where he was employed. He had his suspicions, and did not go over as ho thought there might be a court yiase. He did not know who was responsible for the explosion. He went over later ami found the accused lying in a paddock. He had seen the accused lying in the paddock from his house. His Honor: You are apparently one of the twelve men w r ho sat smoking, leaving an injured man .in the field, AVitness: Yes. AVitness said that accused was not a sober man. Mr Macassey: What sort of a man is he in drink ? Witness: Mad-headed, Mr Macassey: What was the relationship between him and his wile? AVitness: Not very good when he was Continuing, witness said he had never been to the house except when accused was having fits. Accused .was a violent man in drink. He did not see the accused rush from the house before the explosion took place. Samuel Oates said he knew the accused and knew the house where he lived. Mrs Udy went to stay at Hercock s the night before the explosion. On November sth beforethe explosion the accused visited his wife at Heroock’s place. He stayed about ten minutes. About 11.15 a.m. witness heard the explosion, and he went over and saw the place had been, blow n up. Ho saw accused lying some distance from the house, but witness did not speak to him as he thought he was all right. He went to Cadwallader's house, and returned and noticed pieces of timber that had been burning. There was a depression in the diningroom, in which joists and boards had been forced into the ground, and .this he thought was where the explosion occurred. In the afternoon he saw accused had hurt his shoulder. Arthur Reginald Doyle said that on November sth about 11.15 a.m* he heard an explosion. He went down to Udy’s house, and after tying his horse up he was told to see if there were explosives in the shed. He later found some in a boiler. He went back to ‘the fire and saw the accused lying in the field, but he did not go over to him as he thought he might get a "crack." His Honor: Were you one of the dozen men who were sitting smoking? Witness: Yes. His Honor: And you did not go over because he was violent? Witness: Yes. His Honor: You were all frightened of him, then? Witness: Yes. Norman S. Cadwallader said he knew the accused and he was his uncle. Accused's house was about five chains away from witness's house. On November sth he heard the explosion, but did not go down, as his mother became frightened. He saw accused in the paddock, but did not go over to him. Mr Macassey: This is a very serious thing. Here is a man hurt, and you all stop and pacify your wives and mothers and never go near an injured man. Witness: It never occurred to me he wo & hurt. Continuing, witness said that he was not watching the place before the explosion occurred. Myrtle Hercock said that accused's wife and children stayed at her father's house the night before the explosion. Accused visited them the following day between 8 and 9 a.m. and ho had a conversation with his wife. She did not know of any disagreement between them. Accused remained a few minutes, and some time later the explosion occurred at Udy’s house. She had seen Udy after the explosion sitting in his place. She asked him if she could attend to his injured arm. but she never asked him to make any explanation regarding the explosion. James Hudson Warrington said that on November sth last he heard the explosion at Udy’a place and he went over to see what occurred. Hercock was there at that time and accused was lying about a chain and a half from the house. He seemed to be hurt or suffering from the effects of liquor. AVitness then went up to the house and helped to shift a duchess chest from the place. He did not like the idea of going over to accused again, and did not return to him. Accused went away and returned about 4 o’clock. He then remarked to witness, “It was a terrible shipwreck." Accused was not a sober man, and when in drink was a madman. AVhen accused was in liquor he and his wife quarrelled. 'Martin Johnston, a contractor, said that gelatine was a powerful explosive, and it could be exploded by concussion or extreme heat. Detective Mason said that on November 6th last he visited the scene of.the explosion. The house had been blown to pieces, and there was debris for chains around. In the centre of the building, close to a heap of bricks, there was a depression in the ground and this was where the explosion took place. He visited a shed about three chains away from the house and in it a boiler was hanging from the roof, which he examined. but it was empty. He interviewed the accused on November Bth and asked him if he could tell him how the explosion occurred, hut accused said he did not know. Witness asked him where the explosives were stored, and he said he had 501 b in the lumber roor. but had used some of it for blowing up stumps. The following day he obtained a warrant for the accused’s arrest, and when it was executed accused did not make any statement. The late Constable Carmody. in the presence of witness, found the fuse

(produced) leading from the pile of bricKs where the explosion occurred to the front door. Witness produced the evidence of Constable Carmody, given in ihe LA igLtrate’s Court. Mr Maunsell did not call evidence, but addressed the jury. . After forty minutes' retirement the jury returned a verdict of guilty. His Honor deferred passing sentence. Ho said he might probably pass sentence to-day se veN Y'BAES. John George Norris pleaded guilty to a charge of assault at Wellington on January 22nd with intent to commit rape. ilr C. Gaultcr appeared for accused. The prisoner, in .the course of a Statement, said he had no intention of doing anything wrong. His Honor said lie had read the depositions in this case very carefully, ana he had some difficulty in taking any course but to inflict the maximum sentence on the prisoner ; but he saw his way to make it something loss than the maximum—only a little less—because there was no actual violence. The evidence showed that he went down and inveigled this child into going up into the scrub with him. He took her from the playground deliberately, and took some time over it, but he was watched during that time, and later found in touch a state that there was no doubt chat lie was just on the point of violating that child. Fortunately for her, and fortunately for himself, the people who were watching him came upon him and ihe child. He was going to inflict a very heavy sentence upon prisoner. Not long bince a man had appeared before him under similar circumstances except that there was no one to interrupt him as in this case, and that man was now serving a sentence of twenty years with hard labour. However, a fortunate thing for Norris was that the people prevented buch a sentence falling on him through Having watched him. "I must, however, perform the duty imposed on me by law/' said his Honor, ‘'and must for the protection of children, and especially the children of the working classes, who cannot afford to have their children watched wherever they go, inflict such a sentence as will teach all and sundry that this kind of thing cannot be done without incurring a severe sentence. Prisoner would be sentenced to seven years' imprisonment with hard labour." His Honor added that he wished to bay the grand jury had made a special presentment that they wished heartily to commend the action of R. Blencoe and George Florence in this case. He entirely concurred in that. These men acted with vigilance and acted in a manner which should commend them to the approval of every good citizen. There could b© no doubt whatever that what he had said about the prisoner was true. If these two men had not intervened a disaster would have happened to this young child and family the greatest disaster that could happen to any young child. He had inflicted such a sentence as would keep him from committing such an act again, and would do its part in protecting children in the future. Again he expressed his thanks to these two men, and would take cafe to forward the thanks of the jury to the Government and the men's employers. INDECENT ASSAULT. William Hammington, alias Hill, was indicted on a charge that on December 35th at Wellington he did indecently assault a young girl and pleaded not guilty. After a retirement of five minutes the jury returned a verdict of guilty. His Honor deferred sentence. The Court then adjourned till 10 a.m. to-day.