CHARGES AGAINST MOTORISTS

Sun (Auckland), Volume III, Issue 806, 29 October 1929, Page 1

CHARGES AGAINST MOTORISTS

Criminal List Not Abnormal SUPREME COURT SESSION ■ MO session passes but we have some persons charged with II negligent driving causing injury or death. New conditions have arisen which produce a regular crop of these offences. Sometimes the fatalities are the result of carelessness of the t letims themselves, but more often the cases are the consequence of negligent driving.”

Classifying three indictments of this nature among the most serious of the criminal session of the Supreme Court, which opened this morning, Mr. Justice Herdman made the above comment to the Grand Jury. His Honour said that the list of criminal cases could no-t be considered abnormal. Usually about 21 cases were presented at the quarterly session, and on this occasion there were 25. "When a man is in charge of a car, he has a duty to the public, and he must have proper regard for the safety of all others entitled to use the road besides himself,” remarked his Honour. The charge against Frederick Ernest Vogwill was the least serious of the three, said his Honour. He emphasised that there was no suggestion that the driver was under the influence of liquor. An elderly man had been fatally injured when struck by Vogwill’s car. The driver had pulled up immediately and given all possible assistance to the victim. It might be that Vogwill was not keeping a proper lookout or that his lights were not in proper order, and if the killing arose from this negligence a true bill should be returned. The judge said there was evidence of drinking in the indictment against William David Weller, who was alleged to ha~o driven furiously along New North Road, struck a stationary tram, and killed a man alighting from it. The jury, said his Honour, had to decide how the driver came to drive at a pace to cause such a crash. The most serious case was against Henry Biddulph. against whom there appeared to be abundant evidence to prove that he was drunk and that he was guilty of grave negligence. His Honour advised the jury not to hesitate in returning a true bill in this case. The Grand Jury was as under: Alfred A. Martin (foreman), Louis M. Nathan, Arthur J. Oborn, Alexander S. Pratt, Douglas Reid, Kenneth M. Rutherford, Archibald Slinger, Alan G. Tizard, George M. White, Robert Woods, Joseph Yock, Henry D. Atkin, Frederick C. Buddie, Leonard Clark. Herbert R. Craig, Henry H. Gaudin, Frederick W. Hickson, Ralph H. Jackson, Thomas Macklow and Walter McKeitch. True bills were returned against Frederick Ernest Vogwill, Alfred Carter. Leo Matthew Dwyer, William David Weller, Patrick Byrne, James McDonald and James Walsh, John Robert McMillan, William Philip Payne, Martin Charles McCarthy and William Bobbett. “I don’t think you will have much difficulty in finding a true bill in the case against Jessie Morris, of illegally using an instrument,” remarked his Honour. The facts were recounted by the judge, who said that there was evidence an instrument had been used by Morris upon a married woman. The jury was advised to consider carefully the evidence against Adeline Pyle, who was charged with murder. It was pointed out by his Honour that a young woman had come from Waihi to have an illegal operation performed, as a result of which she died from septic poisqning. His Honour emphasised that a person performing an illegal operation committed murder if the patient died. He went on to say that Mrs. Pyle must have known that

the operation was attended with danger. sho «l<I say you should have no difficulty in coming to the conclusion that this man should stand his trial,” remarked his Honour after reviewing the evidence against George Caffery, charged with murder. The judge said that accused’s statement to the police showed that he had gone to the Nelson Street house, where the tragedy occurred, and that he struggled and pushed a man through the doorway. There w T ere also bloodstains on his boots when arrested. “After considering all the evidence it is for you to determine where this man should be sent for trial,” said his Honour in dealing with the charge of indecent assault against Balder Singh Share. After reviewing the evidence, his Honour said, accused was alleged to have shown the young woman some photographs, some of which were quite innocent, but. others were of a disgusting character. The judge suggested that true bills should be returned in the following cases:—Darcy Lewis Goodman, alleged unlawful carnal knowledge and indecent assault; William Philip Payne, alleged theft as a servant of the Railway Department; Minnia Clamest Horrocks, alleged bigamy; John Gilbert Helleur, alleged breaches of the Bankruptcy Act; Patrick Byrne, alleged breaking and entering with intent to commit a crime; Harry Collins and Henry Girling Arnold, alleged breaking, entering, and theft; William Bobbett, alleged attempting to obstruct, pervert, or defeat the course of justice; Arthur Douglas Wylie, alleged breaches of the Bankruptcy Act,' and theft; Martin Chas. McCarthy, alleged indecent assault; Alfred Carter, alleged indecent assault on a male; James McDonald and James Walsh, alleged mischief, breaking and entering and theft; Sarah Jane Brown, alleged forgery and theft; David Barry, alleged forgery; Leo. Matthew Dwyer, alleged mischief; John Robert McMahan, alleged indecent assault on a male: James Francis Witten, alleged breaking and entering. The charges of forgery against Thomas Alfred Botterill, and theft of a mare against Scotty Wera, were described by the judge as weak and trifling.