SUPREME COURT.

Otago Daily Times, Issue 19472, 6 May 1925, Page 5

SUPREME COURT.

■ Tuesday, Mat 5. (Before his Honor Mr Justice Sim.) His Honor took his seat at 10.30 a.m. THE GRAND JURY. ±»e following were empanelled as a_ Grand Jury:—Edgar Christopher Hazletf (foreman), William George Barr, James Braid, James Farqnharson, Ernest Roland Burton, Thomas Steel Coull, Charles Joshua Martin, Oscar Balk. John Brugh, Benjamin Thurston Wade, Vernon Smith. James Taylor, • James Long, Charles Edward Jones, Ambrose Alfred Hudson, Arthur James Howison, Robert David Nimmo, Alfred Henry O’Keefe, James Quaile, Harry Edward Skinner, Sidney Edmund Dermont Neill, Percival Haxton Matthews, James Begg M‘Galium. HIS HONOR’S CHARGE. In his charge to the Grand Jury his Honor said there were only three cases to occupy its attention. Unfortunately, they were all sexual cases, and all the charges were in connection with children, some of whom were very young. The most serious charge was one in which George Alexander Milne, who occupied a motor garage at Hampden, was charged with an unnatural offence in connection with a boy years of age. There were also charges of indecent assault on a boy of 12 years, one of 10 years, one of 11 years, another of 12 years. The depositions before the magistrate established a. prima facie case against tho accused, and he thought the Grand Jury would come to the conclusion that a true bill should be returned in connection with all the charges. The next case, said his Honor, was one in which Alexander Forsyth Gouldsbury was charged withoKnlawful carnal knowledge of a girl It appeared from the - depositions that the accused was a farmer living at East Taieri and that the girl went to work at his place at Christinas time in 1923. The girl stated that shortly after that time tne accused began to have intercourse with her and that such a state of affairs continued for some time. Tho girl gave birth to a child on February 7, 1925, and she stated that the accused was the father of itl The charge against tho accused was confined to one particular date —January 25, 1925. According to the deposit tions the girl wag horn on January 29, 1909, and was, therefore, 16 years of age in January of the present year. Under the section of the Crimes Act which dealt with offences of this kind it was provided tnat no prosecution should be commenced more than six months after the commission of the offence. The reason why the only charge against the accused related to January 25 was that that Was the only date within the six months before the girl attained the age of 16 years to which definite reference could be made. The remaining case, his Honor said, was one in which Walter Miller was charged with committing an .indecent assault on a girl 7i years of—age. It appeared that the- accused got the girl to go some messages for him and got her into his house, where he treated her in an indecent way. When Detective Roy,croft saw tho accused he practically admitted the offence, stating that he' had taken the girl on his knee, placed his hand oq her, and foolishly kissed ‘ her. * TRUE BILLS The Grand Jury found true bills in connection with all three cases. PRISONERS FOR SENTENCE. BREAKING, ENTERING, AND THEFT. Sampson Robert Clelland was brought up for sentence on a charge of breaking, entering. and theft at Pukeuri, in which he had pleaded guilty in the lower court. Mr J. B. Callan, who appeared, said he had been instructed by the accused’s relatives to appear fpr him. The accused was one of three brothers, who had never had the car© erf parents. The three of them had been brought up by their grandparents—the father and mother of accused’s mother. They were given into the care of the grandparents when the accused was three years of age. The inference to be drawn from what was known of accused was that he was of a dishonest tendency. Another charge was alleged against the accused, but this, had not been pursued by the police so it had to be assumed that it could not be substantiated. So fat the various charges to which the accused had pleaded guilty were concerned, these were concealed from the grandfather. In his home he was quite a good boy, and there was no reason to believe that he was other than honest. The difficulty appeared to be 'that - the boy’s father was no good, and it was feared that the lad had inherited evil tendencies. When the time came for the return of the accused to his home every care would be taken of him. Regarding the accused’s brothers one was 18 months older than the accused, and the ' other was 18 months younger. Restitution had been made of the amount stolen. The Probation Officer handed in his report 'regarding the accused. His Honor asked if all the money taken had been recovered. Mr F. B Adams (Crown, Prosecutor) said it was understood that the money had all been recovered. The accused was on two years’ probation when the offence was committed.- He had just been informed that tho accused had recently admitted the theft of an acoordeon. It had to bo remembered that the theft of the money was made, under circumstances which threw grave suspicion on an innocent man. His Honor said the accused would be detained for reformative purposes for a period of three years. INDECENT ASSAULT. George M‘Bwen, who had pleaded guilty to a charge of indecent assault on a female, came up for sentence. The accused, who was not represented by counsel, said he had nothing to say. In reply to his Honor Mr Adams said tho age of the girl was four years. His Honor said that the accused would be detained for reformative purposes for a period of three years. PUBLIC SERVANT’S THEFT. David Charles M’Gill, who had pleaded guilty in the lower court to a charge of wilfully detaining a postal packet and the theft as a public servant of £9 in money belonging to an insurance company, came up for sentence. Mr C. J. L. White,- who appeared for the accused, said he was 50 years of age and was a single man. He had a previous conviction against him in Christchurch while he was employed at ' the Supreme Court. Drink was the cause of that trouble. He was ordered to come up for sentence when called on for that offence, no term of imprisonment being imposed. He had left drink alone in the interim. He served in the Great War and returned home with a good record. During his absence at the wax his father had failed in business. He i had two delicate brothers, and since the accused had been before the lower court a serious accident had befallen one of the three younger children in the family. The family history recently was most unfortunate and the accused was practically the sole support of his aged father and mother. This was one of those cases where tho accused took the money with tho intention of returning it. Tne letter was taken with the object of covering up a previous offence. Accused felt his position very keenly, and in fact was so ashamed of himself that he would not apply for bail, and preferred to remain in prison after his committal for sentence, and it was only after considerable persuasion by his parents that he was induced to accept release on bail. He asked that leniency should be shown the accused on the grounds of his previous good conduct, Mr Adams said he had nothing to add to the police report Hie Honor said there were three charges of theft alleged against accused in 1919. Had he made compute restitution? Mr Adams said there was nothing in the records to show. His Honor said the police report showed that there was a suspicion that, the accused took oilier postal packets. Letters containing life insurance premiums had gone astray. Mr Adams said the accused apparently took tho money from a friend, thinking the friend would not be hard on him. Mr White said the accused denied knowing anything about the thefts referred to by his Honor. It could be said in ac < used’s favour that ' he had made a clean breast of everything he was charged'with. His Honor said that was not quite correct. He had made no confession. The probation oilier did not go so far as to recommend probation, but indieated that if probation were granted something might be done. In dealing with accused he had to consider his previous offences as practically wiped out by his good war record. Under these circumstances he would release the accused on probation for a period of three years, one condition being that Inmade restitution of £9 to flic Provident Life Assurance Company forthwith, aid paid the costs of the prosecution, amounting to £5 7s Bd. Mr White said it had just been pointed out to him that 1 lie accused was not in a position to make restitution of the £9 forthwdth. He asked if time could not be allowed in which to pay. His Honor said in- would allow cin, calendar month in wnU h to make restituuou ul the Hi, awl two months in which to

pay the costs of the prosecution. A further condition would be that he took but a prohibition order against himseif an;l renewed it from time to time. THEFT OF MOTOR CARS. John Alexander Robertson, who had | pleaded guilty to the theft of motor cars (two charges), was brought up for sentence. Mr White, who appeared for the accused, said he was 29 years of age. • He was. married ami had three children, whose ages were four, three, and one and a-hulf years respectively- He had been working in various parts of the dominion. -Vt present he was serving a sentence for issuing valueless cheques. All these offence's practically arose out’ of one set of circumstances. It was the issue of the valueless cheques which had led to his undoing. The circulation of these valueless cheques left a burning trail behind him. He would appeal to his Honor ro deal as lightly as possible with the accused. Mr Adams said the matter of exchanging cars had almost been a mania with the accused. He would appear to have been unrepentant up to- the time of his arrest. No action had been taken with regard to the issue of the valueless cheques in Central Otago. He was not alone in the ear when he was arrested. His Honor: There was a woman with him who was not his wife. His Honor, in passing sentence, said .the accused would be sentenced to 1H mouths’ imprisonment on each of the two charges, the sentences to be cumulative, and to commence at the expiration of the sentence he was at present srving. PRISONERS FOR TRIAL. OFFENCES ON MALES. George Alexander Milne pleaded not guilty to charges of having oil various dates at Hampden committed an unnatural offence and indecent assault on males. The accused was represented by Mr C. J. L. White. Mr Adams stated that there were six counts in the indictment against the accused, who was charged with indecently assaulting five separate boys, and with a more serious offence, against one of the boys. * The evidence in regard to four of tho charges would be the boys’ own statements, and in one case there would be the evidence of the boy coupled witn the evidence of his father as to the symptoms which tho boy afterwards exhibited, and that of i, medical man who had to be called in to attend to the boy. Evidence was given , by the boys concerned, by the father of one of them, by Dr Trotter, and by Constable Woodley, of Hampden. This closed the case for the prosecution. Mr White raised the preliminary point that there was no evidence to support the more serious charge. His Honor said the question was on© which tho jury was capable of deciding. Mr White said the evidence for tho defence would be a complete denial of all the charges. The -accused, who had been in business for about four years, had the only garage in the township, and all the boys made a practice of watching him mending cars, etc. Since the outbreak of tho infantile paralysis epidemic the boys had been a perfect post, and the accused was constantly chasing them away. ihe suggestion was that the boys made up their story in consequence of the treatment they got from the accused by being chased away. , . Tho Accused, in the course of his evidence, said ho had lived uj Hampden oil and on all his life. He had been m business in the centre of the town for about four years.. Ho conducted a motor garage in the day time and a hairdressing business in the evening. He had never assaultedany of the boys. * It was very difficult to keep the boys away from the garage as they wanted to play with the tyres. Practically every day, especially during the infantile paralysis epidemic, ho had had to chase boys away from his premises. At one time he was popular with the boys, but he had not been popular since ho started to chase them away. _ Mr White, in addressing the jury, said that before they could convict the accused it had to bo proved that an actual offence had been committed. No corroboration was given of the stories told by the various boys. It was extremely easy to trump up charges of this kind against a mau and also extremely diffii-oilt to disprove them. The only corroborative evidence of what had' been alleged was not forthcoming, although such evidence wasalleged to be available. Tho Crown had absolutely failed to prove the major offence, or any offence for that matter. Mr Adams said ho had no wish to acidress the, jury. . , - ; , . His Honor said there were six counts in the- indictment, one being of a serious nature. In connection with the la Iter charge the evidence of tho doctor and of the boy’s father was consistent with the allegations made. The whole case whether the jury was satisfied with the evidence of all these boys The statemerit of the accused was that ail the*o small boys had put their heads together and laid charges against him. H was the jury to say whether it likely tnat the boys had so conspired. The- jurv retired at 3.17 p.rp-. ! y icl £ c " turned at 3.42 p.m. with a verdict of guilty on all counts. , The accused was remanded for sentence. INDECENT ASSAULT.. . Walter Miller was charged with indecent assault on a girl aged'Vi. There were two counts in the charge. . , Mr H. E. Barrowclough (instructed by Messrs As.lill.and Brown) appeared for the accused, who 7 pleaded not .guilty- . Mr Adams said the first charge in the indictment, was laid under section 208 of the Crimes-Act. and the second, or minor change, was laid under section 210 of the statute If they believed the girl s story they would have no difficulty in finding the accused guilty. Tho complainant, who gave her age -is seven years and three months, said she had been in accused’s house, several times. She remembered going to his house about 10 a.m. She had previously been playing on (he street with her brother. ihe accused called out and asked her to go to Richards’s shop for a paper. bhe said she would have to get her mother s permission. She got her mother’s consent, and when she returned ♦ the accused was not there. He had gone to the shop himself. He then asked her to go for- a bunch of carrots and a pound of poaches. She procured these with sixpence which ho gave her. ' When she got tho articles she went round to the back door to give them to accused She met him at the door, and he took the parcels from her. He offered her a peach, which she refused, as it would have given her toothache. She then look a lolly from him. The accused sat down on a chair in the kitchen and tcok her on his knee and interfered with her clothing. Later lie adjusted her clothing and kissed her. fche hacl been to accused’s house with a -big girl on another occasion. Those were the only occasions on which she had been to Miller s house. . To Mr Barrowclough: bhe had asked Miller if she could go a message for him. Her mother found fault with her for being so long at Miller’s, and she told her what had happened. She told her mother a lie first. She subsequently told her mother the truth. Complainant’s mother said her daughter, when accused of being so long away doing a message for Miller, said that the accused had detained her. bhe said he had kissed her twice and that he had had his hands all over her. Detective Rovoroft said he arrested the accused on February 27 last. Prior to arresting him he interviewed him at his house. Witness was accompanied by Detective Hart. He informed accused of the allegations made against hint. He was silting m a chair at the time.. He hung his hcHU and appeared very agitated. .1 asked him if he knew the girl, and the accused said he did. He also said thatho had kissed the girl and also that he had assaulted her. He asked him if he was prepared to make a statement. lie replied: “What is the use, of making a, statement when I have nothing to gain 1” Hellion arrested accused without a warrant and took him to the police station. Accused said a man was better dead than be charged with an offence of that nature. In addressing (he jury Mr Barrowclough said the whole quest ion was whether the girl was tolling the truth. Ho contended that there wore several .statements in lier evidence that were open to .suspicion. lie did not think that the act of id-sing could bo held Jo he an indecent assault in this particular case. The girl had admitted that she had gone to the house of the uecu.-ed twice of her own free will in order to run messages for him. bo she must have been on fairly friendly terms with him. It was very difficult for an accused person to disprove a charge of this sort in a case where only one girl was concerned. ’lhe girl had admit ted that when she went homo from the house of the accused she was scolded for being so late, and he would suggest that the (rue -lorv was that when she stated that she had been talking to the accused her mother suggested that something improper had been done and Ihe child adopted the suggestion as a wav out of her difficulty. By fin- law 0! England it was ihe usual praetico not to ask a man to incriminate himself, but in till- case a detective wem 10 the accused’s house with a desire to in-

criminate the accused. The detective got a statement from the accused in order to secure corroboration of the girl’s statement, and thus be in a position to arrest the man. He submitted that if it had not been for the statement secured by Detective Roycroft from the accused the Crown would not have gone on with the case. His Honor, in summing up, said there were two counts, the first of indecent assault, and the second of common assault. He thought that if the accused was to bo found guilty it should be on the first count. His Honor then reviewed evidence at length, ft seemed that the suggestion that accused had put his hands on the girl first originated with the mother. The accused admitted that ho had taken the girl on his knee, and foolishly kissed her and put his hands under her clothing. If the jury were satisfied that the girl’s evidence was substantially true they would have no hesitation in finding a verdict of guilty on the first count. The jury retired at 5.24 p.m. and returned at 6.37 with a verdict of not guilty on both counts. IN OTHER CENTRES. (Peb United Bkess Association.) AUCKLAND, May 5. At the opening of the criminal sessions Mr Justice Alpers, n his charge to the grand jury, said the only very serious case was one of manslaughter against Stanley Alfred, arising out of alleged negligent driving of an omnibus at Newmarket. It would be stated in evidence that the accused was driving at 35 to 40 miles an hour, and that the passengers protester! against the excessive speed. WELLINGTON. May 6. The criminal sessions opened before Sir Robo t Stout, who congratulated the grand jury on the fact that the persons for trial were not. so numerous as usual, and the offences generally were small, ifim'e not being a very serious offence on the list. Thomas Joseph Donald pleaded guilty to stealing at Wellington an overcoat and cheque book, and to forging and uttering a cheque for £ls on a bank and obtaining goods and money. Ho also pleaded guilty to other theft charges. Sentence was deferred, his Honor saying that the man had suffered from malaria through being at the Front and he wanted to make enquiries. Harold Donald Hastings pleaded guilty to having improper relations with a girl under 16. As accused was under '2l, sentence was deferred. Herbert Blake was found guilty on a charge of breaking and entering a warehouse with felonious intent. The prisoner, when found inside the promises, said that his car had broken down and he had come for assistance. Ho had found the picket gate entrance open and walked in. He was found guilty and remanded for sentence. Erpest James Hughes, who pleaded guilty to the theft of small sums from his employer was remanded for sentence. J. J. Corby was found guilty of attempting to break and enter premises. Sentence was deferred For burglary at Eastbourne, John Henry Graham was found guilty. Sentence was deferred. PALMERSTON NORTH, May 5. The quarterly cession of tho Supremo Court opened this morning before Mr Justice Reed, who congratulated the district on the absence of crime. His Honor said tho district possessed an enviable re putation in this respect, and usually the criminal eases that came before tho Supremo Court originated from without the immediate district. On tho present occasion there were only three criminal indictments, and they included no charge of indecency, violence, or sexual crime, but wore all based on dishonesty. Two young men, Robert Howden ami Denholmo Gillespie, wore conjointly charged with stealing £73 from Stanley Gibson. The accused, who were represented by Mr Ongley, qf Palmerston North, and Mr Sievwright, of Wellington, pleaded not guilty. The trial lasted several hours, and the jury returned after 20 minutes’ retirement with a verdict of guilty, with a strong recommendation to mercy in the case of Howden. His Honor said that in considering this, ho would have to beer in mind tho prisoner’s record. Both had previous convictions. The evidence showed that there wore throe men concerned, and that Gibson was beguiled tfi walk with two of them. At tho Esplanade they were met by a third party, Gillesp’e. who wanted to play cards. Gibson offered him £2 to come along where his evident, wealth would not bo endangered. Gillespie grabbed Gibson’s wallet, and all three disappeared. Gillespie had been brought back under escort from Sydney.