Fewer Criminal Cases

Sun (Auckland), Volume IV, Issue 1036, 29 July 1930, Page 10

Fewer Criminal Cases

AUCKLAND SESSIONS OPEN Judge Expresses Satisfaction SATISFACTION that the number of criminal cases for trial at the Supreme Court session, which opened this morning, was only 13 instead of the usual 20 or 22, was expressed by Mr. Justice Smith in his charge to the Grand Jury. The offences were of three classes, his Honour said. Seven involved offences against property, three were crimes against sexual morality, and three of negligent driving, causing death.

The largest class of offences was first reviewed by the Judge. Two charges of robbery with violence, involving two men, were described by his Honour as very serious. There was prima facie evidence in one case to show that a man had been seized by the throat and rendered unconscious. If this act was proved it amounted to garrotting. In his Honour’s opinion the jury would have no difficulty in finding a true bill. The same accused was involved with another man in a similar affair, in which a customer in an hotel was rendered unconscious and robbed. These men were also concerned in a charge of breaking and entering premises at Mangere and although the jury might hold one man had committed the acts, if it was considered that both accused had a common purpose true bills should be returned against them in both cases. UNUSUAL CASE An unusual case was that in which a man was charged with demanding money by menaces, said his Honour, who added that the menaces in this instance were threats of physical violence. On this and other charges the jury would have no difficulty in finding a true bill. An extensive indictment was that of 10 charges of horse stealing, in which Maoris were concerned. The Maoris had a number of horses grazing on an old burial ground and the accused was alleged to have rounded them up on the assertion that he had permission of the county engineer to scour the roads and take the horses to the pound. His Honour advised the jury that it would not be difficult to find a true bill. After briefly discussing the sexual cases, his Honour advised the jury that there was prima facie evidence to juslify the placing of all three men on their trial. level-crossing fatality Principal among the indictments for negligent driving causing death was the charge arising out of the Hikurangi-level-crossing smash in April last, when six people lost their lives through the bus colliding with the train. His Honour said that there was evidence to show the train driver saw the bus 300 yards from the crossing. and that the whistle was sounded. On the sides of the crossing there

were warning notices. Ilis Honour did not think, under the circumstances, that the case should be withdrawn from the common jury, because if the driver could have seen the train 300 yards from the crossing there was something wrong somewhere. In another case, an elderly man was fatally injured through being knocked down by a motorist in Pousonby Road. There was evidence to show that the driver was under the influence of liquor, and did not stop after the accident and had denied he was in the locality at the time. His Honour considered that the evidence warranted the driver being placed on his trial. Dealing with a further similar case, in which an old man had been knocked down and killed in Broadway, Newmarket, his Honour considered there was sufficient evidence on which to return a true' hill. , The Grand Jury was empannelled as under: —Arthur B. Roberton (foreman). James A. Warnock, Ernest G. Whitley, James Prickett, A. Cheai, William B. Brittain, Charles F. Smith, Arthur Grove, George Jones, William J. Lopdell, Albert E. Macartney, William S. Pratt, Frederick Penty, Donald F. MlacCormick, Frederick G. Reynolds, William H. Taylor, Astley Skinner, Johnston Slack, George Finn. William A. Gray, Walter G. Owen. Ralph Wylde-Browne, Alexander H. Wilkie. True bills were returned against Joseph Baxter, alleged indecent assault on a male; and William Marshall Forbes, alleged indecent assault on female.