SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8918, 11 September 1907, Page 2

SUPREME COURT.

The criminal sessions of the Supremo Court commenced yesterday morning, before Sir Justice Button.

Mr AV. L. Pitzherbert, of -Mersrs Hankins aiid Loughnan, acted as Crown Prosecutor.

Tho following Grand Jury was empanelled;—A. Russel! (foreman). H. Poung, C. J. Monro, Alf. Seifert. C. T. Kcobie, AV. Randall. E. Larcomb, S. Jickell, AAA Strain-, J. S. Munro, S. Abrahams, H. J. Wilde, A. Jack, P. L. Sim, A. Turner, H. C. Collinson, D. Prouso, G. L. R. Scott, E. Ri AVhalloy, C. Yoss, R. Edwards, H. R. AValdegrave. and AV. Stubbs.

His Honor stated that tho civil cases would he adjourned till 3 p.m. on Monday, and would 1 be hoard before Mr Justice Cooper. The divorce eases would also bo adjourned. CHARGE TO THE JURY. His Honor said tho Grand Jury had only ouo very serious case to consider. The duty of the jury was to SCO whether there was so much evidence as to call upon the accused for an answer. Looking through tho cases His Honor did not think the jury would find their duties very irksome'. Ho thought that they would he able to make out a, prima faeio case in all those which they had to consider. His Honor briefly reviewed tho cases.

Tho Grand Jury found true bills in tho following cases : Alexander McKee, charged with indecent assault; Richard Daly, false declaration ; Charles Richard Bushell, theft and forgery; Apostolos Raptalcs, assault, causing bodily harm; William John Smith, theft; Harry Dooley, theft; Alexander McGlashan, breaking and entering and theft; Tukorchu, criminal assault. Alexander McKee (Mr Moore) wa? charged with indecent assault on 21st May, at Taihape, on a child aged G years 9 months, 'The following jury was empanelled :J. A. Smith (foreman), H. Mardon, H. Hillmcr, A. Rogers, N. P. Jonson, J. Hopwood, A. J. Rax, A. Tow, S. Trask, J.'Morrison, A. Anderson, and S. Phillips. His Honor gave an order for tho court to bo cleared during tho hearing ot tho case.

Tho Crown Solicitor stated that on or about 21at May tho child .had loft school rather early ; she had decided to take a short ent, and met the accused in a railwaxy cutting. Ho then briefly stated tho circumstances of tho case. Evidence was given by tho child, hor father, and other witnesses.

Counsel for the defence then said that contrary to custom ho was going to put accused iu the witness box, and to call ■witnesses as to his character.

Alexander McKee gave evidence on his own behalf, and denied all knowledge of the matter.

Evidence was then called as to accused's character.

Counsel for defence, in addressing the jury, stated that there was practically no corroboration of the evidence iu _ tiio present case. The question of identification was more or loss risky. His Honour, in summing up, said tho jury were not to take into consideration the amount of tho punishment which would be inflicted. That was a matter the responsibility of which lay with the Court alone. Ho thou briefly reviewed tho case and tho evidence of tho various witnesses.

Tba jury retired at 1.10 p.m., and after an interval of one hour and a half rc r turned a verdict of “Rot Guilty.” The

prisoner was then discharged. James Hqndcook, who had previously pleaded guilty iu the Magistrate’s Court to a charge of forging and uttering. Mr Harden, for the defence, stated that there was no need for the committal of tho crime. It was a first offence and his employer was prepared to take him hack. He'asked his Honor to deal leniently with him on account of his youth and the extenuatin g circumstances. His Honor stated that prisoner had pleaded guilty (o what was really a very serious crime. He intended to deal hniently with the prisoner; but he wanted liu.Y to‘ realise the ’ serious 'position in which he had pivotal' himself. There was a growing idea that the crime of forgerv was not serious. Tin's was not so, w The law regarded ip as a very serious evirao. Ifd {tiio prisoner) had a very good record and character and his Holov had ' boon ’ strongly recommended by the Trobatjojaary Officer to eswci.-o the leniency permitted % a charitable law.

His Honor, however, wauled young men to realise what a serious crime forgery was. Accused was admitted to'probation for 12 months and was required to report himself as tiio probation officer directed. Tho probation to be conditional upon accused paying the expenses incurred by tiie Crown in tho case. Accused must also refund tho amount of the cheque which hp had forged. Bichard Daly (Mr Tunes) was charged with having made a falsa declaration for the purpose of procuring a marriage certificate, also with having made a faUo statement, to wit, that he was a bachelor. Tho following jury wore ompafielied W. T. Dawiefc (foreman), J. H. Hocking, T, H. ye try, ;Mj. xv- Matliicson, H. P. Muller, ' VV: Robinson, 'A. Harris, J. F. Johansen, J. Hopwood, A. E. Sly, J. ilbrru'scjn, J, Jenkjns. Alexander Dugald Olpmatt stated that hp was registrar at Foxtoa. He remembered tho fiaio referred to. Accused wade the declaration (produced). He know what was in it because witness had read it aloud. Two days afterwards accused came back and witness performed the marriage ceremony. In answer to Mr Innes witness stated that hp was also Postmaster at-Foxtou ' IVitnesO was absolutely certain that accused ' had stated” that lie’ was a bachelor. Pptocpive Quirko produced the marriage certificate of Richard Daly with Emily Cooper. Ho saw tiie accused at Oroua Bridge on 13th July and took his Etateiupntv which was the ope in Court. Accused rbad'tlie statement and signed it. Tiio Clerk read the’ statement to the juryWitness, iu answer to Mu Innes, said lie knew that Mrs Daly Ro. X had obtained a divorce .at tho previous sitting of the Supreme Court. Accused had tcld him (witness) that the first marriage bg,d been most •tuiiappy. Witness knew that accused was"in tbe'omploy'ef'the'Maiia.watu County Council. Ho had a very goofl'name'ill tiio locality in which he li nd. Constable McLeod was with him (witness) when be got tho statement from accused. Witness was collecting evidence as to tho certificate obtained by accused at Poston, Witness hud told accused that he did not know whether proceedings were to bo taken against him. Mr Innes said he thought tho jury would have little trouble in coming to a decision iff this case, ’ fib thought it would bo one' of not guilty. ’ Ho thought more evidence should be procured before a man should bo indicted. The only oyidenco in the present case was his own statement. His Honor iu summing up stated that lie wished to abuse the public mind of thp idea that a man was free to marry again if he has not hoard of his wife for seven years—he was not free to marry again, .but was not liable to criminal prosecution for if. Tho jury retired at 3.45 to consider tiier verdict, and after an interval of 40 minutes returned with a verdict of not guilty. The prisoner was discharged. Tho Court adjourned till 10 a.m. today.