Supreme Court.

Taranaki Daily News, Volume XLVII, Issue 7935, 26 September 1905, Page 2

Supreme Court.

CKIiIIXAL SI'ITiNUS, Tho Supreme Court for the Tnrttnaki district opened at New Plymouth cm Monday at 11 'a.m., bofore his Honour the Chief Justice (Sir Hobcrt Stout.') Tho following grand jury was sworn , in : J. C. George (foreman), Mathev* Andrews, J.|C. Arthur, C. Hilling', C Cnrter, A. L. Cooke, K. I'. Corkill,' H. (!. Cottier, T. M. Fleetwood, 11. (Joodacro, J. Hoslrin, W. Humphries, iT. O. Kelsey, Newton King, N. K; MacDiarmi'd. P. E. Morris, C. S. I Benneil, It. Vi'. D'Arcy Hobertson, 1\ I A Stohr, <j. Tisoh, C. C. Ward.

CHAItC.'E TO TH!': JUIiV. His Honour said hu was 'g-latl to Iw able to congratulate the jury And also the district upon the small criminal list before the Court. There did not. seeiu to -In; a great deal ol' .serious crime in this 'district, but ho regretted to see that 'troth eases Set down were cases of sexual offuncos. I'nl'ortuiialely this was a ceimo that was not ( uncommon in many parts of this colony. 7n one of 'the two cases tho accused had pleaded guilty, but that, which the grand jury had to investigate to , decide whether prima facio case had Ijeen made out, was a charge against ait elderly mail of having wronged a girl under 10 years of age. It was unnecessary for him to go in*o the evideiico. • CHARGE OF INCEST.

William John Taylor, n farmer, of Hawera, plea .led guilty to a chargG of incest. Mr H. D. Welsh, who appeared on, behalf of accused, referred to the depositions of the accused's wife regarding their happy jmarriwl • life for. ponret'liiyrf 'like dyhtoeir ye«>rs. ( Accused Jiad been a kind husband ami father, .save in this one respect. When ho gave way to this terrible appetite—for it was clear that the oft'ence extended over a considerable time—the accused's nature became changed, and lie treated his wife in such a manner that Mie feared for the very life of herself ami children.. To such au extent were her' fears worked upon, that she was afraid to make n complaint, even when tho of- | fence had been go ng oil for sumo time. Counsel pointed out in mitigation Hi'iU tire man hail apparently made a real effort to try and conquer his Illicit passions, for the child stated that from last June to Sepf tombcr the father did not interfere with her. At the 'beginning of the month, however, the accused broke out again and the wife at. last took courage and laid an iut'omiatior. ! with the police. Counsel urged that . accused's attempt. at reform bo considered in- fixing; the sentence. His Honour said tlvat 'he-had read the depositions and also the report ' of the police. It was certainly a very bad case. The accused's daughter seemed to have been only 13 or 14 .wars of age when ho 'interfered 1 with her. Another charge of a similar nai tui-e 'agtiinst' thi> accused Jlvad been , withdrawn. The only reason that : could be urged for modification of 1 punishment was that the accused had thought (it to plead guilty, and not - further disgrace his daughter by 1 bringing her before the Court. The prisoner api Mired ti) be one of thos<i persons will) no control over their passions. The sentence of tho Court i was live years' imprisonment, with

hard labour. A SEKJOVS CIIAWJE. The grand jury brought in a true bill in the charge preferred against an oklerly man named Reuben White, of having had carnal relations wit-h a girl uwlvr the ago of J 6 years, at To Hoi i (liawera). Mr Kerr ccivduoted the prosecutions for the Crown. The accused, who pleaded '-'not guilty," was (lufchiktl by Mr 11. I>. Wash, of Hawera. The following common jury was sworn in :—M. Fraser (foreman), M Hcttly, H. Spurdle. T). McAllum. J. H. Street, R. .J. Ellerm, W. Movie, It. J, Itrown, R Wells, A. GuldwaU; er, H. H. Kidd and John Crockett. At his Honour's direction, by vir tue of live Act passed 'this yorar. tlvc Court was cleared of all persons nut olbcinlly tmHlk-d to Ik* pri-scnt. Mr Kerr, in detailing the offence, said that it was immaterial to the 1 isxuo whether the girl was a consenting party or not, for the purpose ($' to tecl, voung girls from being obuscd and outraged. Tlu* complainant in l tho present case was 3 5 years -aivd '1 months of age, tincfl resided with her mother and stepfather at Te Hoti, a small village near Hawera Tin- girl ha'd Iveen acquainted with the accused for -about -four years, ami alleged t-hftt on .July 2(i last tire accused forcibly assgulted her in a

padlock near her residence. The girl informed her {mother of what bad occurred, ami medical testimony would also corroborate -the statement. The complainant stated that she had known 'accused a lon# time. On July 2(3 witness went to the paddock about 1..-50 p.m. for (ho cow, and saw accused standing Qinongst"'a clump of trees. He Reckoned to her, nnh she came over to speak to him. Accusal had some apples in his hand and ask'cd 'her what she would giw him for them. She did not reply, lie caught hold of her and kissed her. and -throw her to the ground, and convmitted a certain offence as detailed. On releasing! her ho remarked thatl slve was a 'good girl, and asked her not to tell her mother or sister about what had' taken place. 'Witness afterwards milkvd the cow, and on returning informed her mother of the assault. Witness also entered into particulars of an occurrence u week previously. As she was on' her way to milk the cow, accused came up-to 'her and gave her

some apples. She was about to walk • away when he cauglvt hold of her, ' kissed -her, and acted very rudely. Cross-examined 'by Mr Welsh, witness adhered to her story. She was not frightened to go up and speak to Mr White after what had occurred the week previously. The accused exerted force 1o hold her. She admitted that her stepfather was working in the garden at the time, i She did not. scream out as she did i not want him to know anything about the occurrence, but on returning home informed her mother. The mother of the girl also gave evidence. W'hen taxed with the offence, While denied the accusation. Witness did not-speak to -accused until a fortnight •herd elapsed, as she. was ill and mentally upset. As her husband was the girl's stepfather, she could -not brhng herself to acquaint him of the mattor until Aug. 17, On Aug. 18 witness consulted 'a lawyer, and the following day informed the police. Witness 'bad to struggle hard for a living, her husband 'being partially paralysed, awfc accused -had been a kind neighbour. This, was the first, time that trouble had come 'between them. "Witness was ercss-examimd at length. Dr. Wcsteura gave medical lesti-

Constable Poller deposed to the arrest at Kltham of act-used, •who protested his innocence* This closed the case for the prosecution. J"- i' the defence 'Mr Welsh said that he would prove an alibi in regard to the 1 lino. The prosecution agreed thr.l the offence mentioned in the charge must have taken place beIwtcn I.oU p.m. and 5 p.m. livdo| pendent witnesses would be brought, to show that from a quarter to 1 o'clock up tc a late hour at night, I Mr White never left the house. Counsel also stated that he would bring evidence to show the high character always borne by the accused man. FeTi/, Mcduire stated that he -had known White for years. ; He had always borne Out very highest charI acler 'amongst all who knew him. 1 The present chargv was the first accusation ever made against, him, V C. Slafjdon, surveyor, of Xew fMyi:U)U(h, put in a plan of the locality The property on which the ofTrn e was alleged to have taken place was comparatively open *and exposed. Witness hardly thought 'it possible for such a. scene to be en»etc<J tiwr? ffjthout yljscrvaiiQß fvcro

one point or another. | The accused was then examined in | detail as to his' movements on the afternoon in question. He explained that from 3 o'clock till; 3.30 he was occupied in going |'down the horso paddock to inspect a lame animal. He returned at 3.30, and met Mr Burrows, | a picture frame maker from ElUvam, who delivered a number of pictures that witness had I previousJy ordered -to be framed. Burrows was asked in for afternoon , ' tea, ,and did net leave until 5 o'- ° clock. Witness paid him the money ! for the framing and received the ro I ceipt produced, duly dated and | stamped. While Mr Burrows was (still there, Mr J. J, Campbell, his . son-in-law's father, arrived about !4.15, and witness and the others j present spent some time in examining the pictures, and in conversation

till tea time. From 3.45 at the latest ,witn|,>ss 'was sever out pfY't'Ho house. Witness denied the charges, and swore that 'lie had never on any occasion acted . indecently 'towards the girl. About ia week previously hj« had kissed the girl In n fnthprly way, as he was popular with the young people. When the girl's mother taxed Kim with improper conduct,'she said ho would 'hove to pay for what hq had) 'done. Jle replied that 'he wag perfectly innocent of t'he charge. Later on, 'when he confronted tho girl ivitlv the false statement, she denied i having made such a statement to her mother. Newton King and J. IS. Oonnett, who had known accused for twentyJive years, 'gave evidence of his ul> blemished character during the whole

of that period. A. Burrows, a picture frame maker, of Elt'ham, deposed to visiting Mr White's house on July 26. When witness arrived Mr White ivas down the paddock ■examining the horses, but returned 'to the. house not later than 3.45, and was there when witness left at 5 o'clock. Jens Jenzcn Campbell, farmer, of Kaupokonui, deposed to paying a visit to Mr White, an old friend of his, on the date in question. When witness arrived at 4.30 both White and Burrows were at the house, and t'ho former did not leave subscifUent- >>'• ■' . At 0 p.m. the rhearrng ' was adjourned to 10.15 'a.m. to-day. The accustd's bail was renewed on bondsmen being forthcoming.