PALMERSTON SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8757, 6 March 1907, Page 2

PALMERSTON SUPREME COURT.

The criminal sessions continued yesterday before Mr Justice Chapman. Michael Alexander for indecent assault was brought up for sentence and committed to gaol for five years, ALLEGED ATTEMPTED ABOB-] TION. Counsel for accused J. Moughan and Susan Colo renewed their application to have tho cases dealt with separately on the ground that the evidonco to be produced by the Crown, would prejudically affect tho accused in their respective defences. Counsel contended that tho jury would not bo able to sufficiently discriminate between tho evidence addressed against each of the accused. Several authorities were citedj by counsel in support of tho application. His Honor said that ho did" not think that sufficient reason had been given to separate the two cases. The cases were ono of co-operation and tho assumption must bo that the two accused were cooperative. Ho placed enough relianco. upon the intelligence of tho jury and thought they could easily discriminate between the evidence affecting each accused.' It was an every day matter whore a party makes statements that affect tho other in a formal way, but it docs not alter their charactor.

Tho two accused were then brought into tho Court, Susan Colo wearing a deep black veil. They wore charged that on tho 20th July, 190 G, they did unlaw. fully use an instrument upon Agnes Moughan with intent to procure a miscarriage.

Both accused pleaded not guilty. Mr Cooper appeared for Moughan and Mr Harden for Mrs Colo. Mr Fitzherbort prosecuted:

Br Wilson deposod holding a post mortem examination upon Agnes Moughan and detailed the state in which he found the body. Tho ovidence was practically tho same as that given in the Lower Court. Witness had found a laceration which would result in death."! He was of opinion that some blunt instrument had been used by unskilful hands". He did not notice any old lacerations. '■ Elizabeth Cams, nee Mrs Davoy gave evidence and was cross-examined by couusel ior the-detuiici, ; " : if ' 'i' :'" Ijoteotive Quirfca deposod taking the former witness to the police station. He impressed her to havo no fear of any threats held out by Mrs Cole', ahd without hesitation she gave the statement as put in evidence in "tho lower Court. ' Ho ' then took tho girl to a place of safety vyhore she qouid not b~fj approached by undesirable characters. When ho arrested Mrs Colo ho askad her if she ever received any presents from Mrs Moughan and she replied that she had been presented with a bookcase. AY. hen tojd that she wa3 arrested" fo'i! attempting to'procuro' abortion"" in Jung 1 , she replied that she had not spoken to Mrs Moughan for six montlis. Sho, Mrs Colo, was living in Campbell-street when she was' asked' by Mrs Moughan for st.uf| Vo'lprher 'Up. -Agues said she wou'ij| give three guineas to get it done, but Mra Cole would not attempt it. She denied even doing anything to Blrs Moughan. Witness ueafcohtjcl tile; house, .and ibunaj tho chop stick produced. On rTovembe£ 10th he. got a "signed statement fronj Moughan (produced), Nurse Dender was next called, and deposed that she remembered the 31st October last year. She only glanced at deceased, and found her to be in a very bad state, fjuil a. th.Groujvh csaminiiion, v,a.s iiiade,tiv firs Stow'e and' O.'Brien." 1 ' Sne"was preset* when deceased made her dying statements tp U}§ Magistrate. Deceased was married in my house, where the confinement took place, The child was fully developed but not strong. C. J. Hewlett, Clerk of Magistrate Court, was next called to read Mrs Moughan'a dying depositions, but on counsel for defence objecting, His Honor ruled that they should not go in. ,- .;....,. His Honor, • in addressing the jury, said that the charge which they-would have t(J investigate was ■nijla'wfully using an ,in< strument in July last. 4n a matter bo serious it was the duty of the jury t<3 direct-attention to the aetual charge; Hq explainedthat he did not admit the depositions, as {hey had no' bearing : upßn the previous charge in July, some four months before. The evidence against one" was not necessarily evidence against the other. With regard to Colj the jury '' would have "to consi4er whether Caries. ' evidence could Tje'j-Q----relied upon, a 3 there were certain i\n: crepancies. The most important issue was whether a crime was committed, and here the medical evidence did not assist, because the circumstances of her death have to be eysluded. There was nothing to show that tije iae,eratians'\?ere not produced by woman''''herself. 'The' evidence polatel more'to Mrs 'Cole' than to Moughan that 'she contemplated" a crime.' The evidence of" the'- crime being committed :coiisisted entirely.— 1. That I;n6 girl "Cam was turned out of the room. 2. 'That' Mrs Cole bad' talked abous SPfting rid of bajjies.'' 3, That she heard, a seroam. 4. That on returns jng she found Mps- Moughan in a weaje condition and blood on the sheets, Ha. remarked that the evidence of the girl Carn was given clearly and without hesitation. If they thought the evidence was safe then they should act upon it. Tho jury after a short retirement, returned a verdict of not'guilty. '-. ■'" '- •;*■ Thomas John Lesley was charged that on February 17th at Pongarda, he did unlawfully carnally 'know' his daughter. Rose Lesley, 8 years of age, and that he did' indecently assault the said Eosg Lesley". -.--■-- His' niado a order forbidding the. publication of the evidence. * ■•_-■- My (Jiffqrd Moore/ appeared for ao. cuspd, and Mr Fitzhorberfc for the prosej cut ion. " . Accused was a strongly built felloe of about 33 years of age, The evidence given was disgusting hj the extreme, the little girl, giving her tiyidonca clearly, was the principal wit. ness,

It is surprising that His Honor whoa he took the precaution to prohibit publication did not also cle,ar the Court, a§ no good can be derived by a number of youths at tho back with months opeit fcargerly listening to thtvmost degradiuij parts of tho evidence." " "' "* • l -" ! '" 1 '---HS Tlio Court sat in the evening, and the last witness'completed'his evidence aboii| ten' o.'clooit. * " ' " '

The Judg? then addressed the jury at considerable length, and most emphatically impressed "upon the jriry*the seriousness ol the ease r,m\ in bis opinion the guilt of ttis prisciiei;

After a retirement of three-quarters of an hpiirs the jury returned a verdict of guilty qri both charges. '

Tho .frii'dgQ announced tha t sod tence would bo delivered at "ten o'clock this 'morninaj""

March 6.

In passing sentonco this morning sn Lesley, Judge Chapman said prisoner had been guilty of one of the grossest ofJenqp3 'kn6\v ; n' tp thijlaw. It \va"s ba,s enough to commit such » crime upon !| young child, btit infinitely worse tohava brokon tlio trust imposed on him qorainittpd it upon his own daughteV, Prisonor would, thorofoi-e, bo sj-mtenced, ■ t.Jtho niasiujui" allowed by tho Legislature, but would bo spaxJd thfi dogradt\i tion of tho lash solely Wauso lib had not inflicted any actmU injury the child though ho had done his worst to corrupt her. Tho soutenoo imposed was sevea years' imprisonment with hard labour. Tho Court is aq\v, heftrins a chargo o! attouipted arson against Mrs 'Jana Mactin. ;