Supreme Court.

Taranaki Daily News, Volume XLVI, Issue 138, 15 June 1904, Page 2

Supreme Court.

NEW PLYMOUTH, TUESDAY JUNK 14. (Bofora His Honor Mr. .Tiistlos Edwards.) 'Hie Supreme Court opened on lucsduy ut 11 o'clock. —(irund Jury.—

The (irund Jury was sworn as follows :-A. Chollwill, 11. St ol; ker, V. McAllum, Murdoch Fiascr, Ceo A A.llam, Thos. O. Kel.sey, ''l'hos. Avery, V niter Coker, Lawrence M Monteath, Walter Itewlcy, Clin*. ]1 Stott, Fred J. Morris, John 0 Arthur, Francis Cornwall, James Taylor, Alfred Oldham, 0. Deacon, ii Uncock, J. C. Webster, R. W 1)' Uohertson, J. Little, Harrison I!cn>lev W. Fraser. Mr M. Fraser was rhosen foreman.

The Judge, delivered his charge to the Grand Jury. There were only three cases for their consideration hut all of these were of a serious anil disgusting nature. Two persons Ilntlon and Avcnell, were charged with having .committed rape on the prosecutrix. The circumstances were the same in Ijjjtli cases. Not only was there a charge of committing' the rape, but each was charged with being accessory to the rape committed by the other prisoner. The Grand Jury should have no difficulty in arriving at a decision in this matter. Tn the third case the prisoner, John Turner, was charged witli having committed an indecent assault on two young girls under the age of 10 years. Neither in law nor in propriety could it be urged as n defence that the girl had consented to the act, oven If thev thought she had done so. It was the duty of the jury to find a true bill if they were certain from the that Hip assault had been committed. —Application.—

Mr Weston applied to have a time determined for the hearing of the divorce race Knbwles v. Knowles, in which Mr Wilford, of Wellington, was to appear for tho respondent His Honor said he would consider the application later in the day.

—True Bills.— The Grand Jury returned true Lille in the three criminal cases : Henry Avenoll and Oeorgo Thomas Mutton rape ; and John Turner, indecent as^ —A Ilawora Case.— Thomas George Hutton ami HennAvenell wero then charged that on March 23rd last, they did, on the Tawhiti Road, near Hawern, commit rape on ono Annie Lloyd, and also with being present, and aidin« abetting aud assisting in the crime committed by each other.

llolh accused pleaded ."Not gu!lThe following jury was empanelled: -0. Braund, R. Turnbiill, J. f.;iliott J. AUiott, J..,,., J.L. Connett, R. Heard, W. J. Nash, G. H.Harrison, 10. W. Wheatley, J. 11. Colesbv C. Clarke, and J. Rolio. Mr Heard was chosen foreman.

Six jurors wero challenged by (he defence, and two were ordered to stand aside by the Crown.

Jurors in attendance who had not been empanelled were relieved from attendance until 3 o'clock.

Mr Kerr, Crown Prosetwtir, conducted the cuso, Mr R. W. Welsh, of llawera, appeared for tho accused Mutton, and Mr Claude Weston (Messrs Weston and Weston) for the ac-'ised Avenull. Air Kerr outlined tho facts to |. u produced for the prosecution. All 'witnesses in the case were ordered to leave the court.

Annie Hope Lloyd, a housekeeper living on the Tawhiti I{ o .i.f. near Uaweru, gave evidence that in the evening of March 23rd last, at about, seven o'clock, she went for a walk along the road towards tho Tawhiti stream. It was a very dear night, with a young moon. As she wan icturning three men camo out from a lence and approached in a threatening attitude. The two prisoners were two of the men. Hutton caught her by the. arms and pulled her to tho side of the road, and drew her down. She screamed and struggled to get away. Hutton caught her bv the throat. Then Avenell locked his hands over her mouth. Witness still struggled, and Avenell then put his thumbs in her mouth, (earing her mouth. Hutton then committed the offence, after which Avenell took n bund. She cried "for God's sake, let me get my breath. Aven,.,. then let her sit up for a second or so, then threw her down, and committed the offence with which he. was charged. Both accused then ran away laughing, after she had tild them she would lay an information against them. Witness then Went oP to the police station, meeting Mr Biickland on (he road, and leliing him what had happened. There were no polico at the station just then so she went out, to look for a constable. When she returned, three policemen. Sergeant Bernard, Constable Clark and Constable Potter, were In the. office. Sho told what had happened, and the sergeant took her to Br. Wcstenra, who made ait examination.

To Mr Welsh : Tho three men came out from the side of the road. She was mire there were three. Tho night was very bright. The men came into the middle of the road, llutton spoke. The third man did not interfere with her. He looked like a jockey. Only Hutton interfered v ith her before she was thrown on the ground. She screamed as long as she could and until prevented. She resisted all she could. The third man stood a few feet, away, laughing. It was somewhere about seven o'clock when she left her house. She was alone and walked fast. A man passed her on foot, just, before she met Ihe accused. She did not km w him, and did not speak to him. lie did not speak to her. This part of the road was not. very lonely, except in (he dark. She preferred n quiet road, where she was not likely to meet people. She lived at Nolimtown, keeping house for .Mr Kellv, a labourer. \o one else lived with I hem, and he was ul home that night Told him she was going out for a walk for exercise. Kelly did not i.sually accompany her. She had asked Kelly once to lock the door when he went away up town, us she was very ill and did not want to be disturbed. That was the only time be hail locked (he door on her. She was not walking in company with a man when she met the accused. Thev made no overtures: to her, and no mention was made of payment. Hut ton had committed a similar offence previously. She had kept house for Keily for over two years, and had acted in a similar cupucity for a man named McGovern before that. There was no family and no one else living with them. She did not remember her occupation just, prior to that.

Mr Welsh produced « rertbicule from the Clerk of the Court in

Hawera that this witness had been convicted. '

Witness continued that her child had boon taken away from her and sent to the industrial school in Auckland. Her husband had instituted divorce proceedings against her yearn ago. These hail been Hi Indrawn. She had not committed adultery. Jsbo was prosecutrix in a case of the same nature as this some years ago, alleging that three men bad broken into her house. The men were acquitted. 'l'o Mr Weston : She had never seen Avenell before that, night. The Court resumed at 2 o'clock. The witness, examined by Mr Welsh as to the divoive proceedings in IHO7, abandoned by her husband, admitted that she had signed thenflidavit (produced) making certain admissions regarding her conduct with one William Haw trey, but this was not. true.

His Honor said they could not ar gue the matter now.

John Auckland, settler, of Hnwera, snid lie had met Annie Uoyd on the Tawhili Kond on the night, of March ■S.h-d. She complained to him that two men had knocked her down and abused her. He noticed blood on her lips, her face was swollen, and he saw.-a, scratch on her neck. She •aid she was going to the police, and then went on. He had lived about, two chains from her house for about two years. He had seen nothing wrong about her.

To Mr Welsh : He did not know anything about her reputation, but knew she was a prohibited person. Ilr, Wcslenrn, of Hawera, said ho remembered Annio Llovd coming to him on tho night of the S.'SM March. She presented a dishevelled appearanco. Thero was a kiuo.ll superficial wound on tho lower lip, which might be caused by a linger nail. Ho had examined her and found signs consistent with the statement of the defence or of tho prosecutrix. George Clarry, butcher, of liawera, said he was with the accused on I ho' date named, and saw them at the Empire Hotel at, about n quarter to nine o'clock that night, both of them Ix>ing in Avenell's room. Avenell told him that he and dlutton had been down the road, and had knocked "Old Annie" over. To Mr Welsh ; Uc had nover told this to the police until to-day, but told Mr Weston the other day. He had nui been asked about it in the lower Com t at Haw-era.

To Mr Weston : Could not explal why he had forgotten to tell cotinse that Avenell used the words "knocli ed her down."

Annie Bayley was called, but neither sido asked any questions. Arthur Albert Potter, constable stationed at Hawera, remembered the prosecutrix coming to the police o/Ilce on the evening of March Said. She described the offence, mentioning two men as having jumped out from the fence. He asked her to describe the men. They found llutton in the lCmpire Hotel that evening, and Constable Clark called him out. The constable asked if he had been down at Nolnntown that night, and accused said "no," he had been about town, around the billiard rooms nil the evening. Hutton was then arrested on the present charge. Witness arrested Avenell later that night, after informing him of the charge. The next day, when being escorted by witness from the court. Avenell passed a few words about the case.

Clement A. Clark, constable at Hawera, gave corrolwrative evidence Early on the morning after the arrest, Avenell said, "Make It as light ns you can for me." Witness said, "What do you mean 7" and accused said"This charge. I paid out two shillings. . . ." Hutton noxt day made a similar statement. Witness had been In Hawera for over two years, and to tho best of his knowledge Mrs Lloyd wbb a well-conduct-ed woman.

To Mr Welsh J There wero wsvoral houses between the railway line and the scene of tho alleged offence, which anyone passing could have seen committed.

This closed the evidence for .the prosecution.

Counsel for tho defcuco addressed the Court, pointing out several points to impair the value of the story told by the prosecutrix as ugamst the statement by the accused that they had her consent.

His Honor charged the jure, remarking that the defence" hod l>rouffht forward no contradiction of the evidence of the prosecutrix. He commented on lliitton's denial of his presence in Nolantown that night, and his subsequent admission that lie had been there.

Tho jury returned at 4.17 p m and returned at 7. The foreman announced that the Jury could not agree.

The jury was then discharged, nisi n fresh one will he empanelled a 10.30 o'clock this morning.

(Per Press Association)

WXKI.HX. ,)■!.... ;.| The re-trial of Donald McKw/ic on a chnrgv of having stolon sluh-ii at Clinton, was concluded, when for the second time the jury were unable to agree. Tim Crown Prosecutor said he would have another trial.