SUPREME COURT.

Taranaki Daily News, Volume LII, Issue 44, 17 March 1909, Page 4

SUPREME COURT.

NEW PLYMOUTH; TUESDAY, MARCH 16. (Before His Honor Mr. Justice Chapman.) The first of the 1909 sessions of tlie Supreme Court opened at New Plymouth yesterday morning. GRAND JURY. The following Grand Jury was empanelled: Messrs Jolin Avery, Frederick Watson, William Eraser, Francis Corn-' •wall Robert Owen Ellis, F. P. Corkill, John Brokcnsliire, Thomas Avery, Joseph Asher, Arthur H. Ainbury, Percy J. H. White, Benjamin Wells, Charles Gledliill, .Mark Johnston, Edward L Humphries, Leslie B. Webster, Clins, C. Ward, Hickman F. Russell, Stanley W. Shaw, Walter Staite, Alfred H. Meeds, Alfred H. Kendall, Frank Messenger. Mr. S. W. Shaw was chosen foreman. HIS HONOR'S CHARGE.

His Honor, in his cnarge to the; Grand Jury, said apart from one very; serious case which would come before 1 them for consideration there was nothing 1* the ordinary list which need cause any uneasiness us to ine state of crime in this district. The cases were few in number and of the type which one ordinarily expected to have laid before a grand jury from session to session in a district of this importance. It was a matter for congratulation that 'practically speaking there is no evidence ■of extensive criminality or of the existence ol the criminal class inhabiting this portion of the Dominion. With reference to the particular cases which they would have to take into consideration, he had very little need to say much about them. There was a case of a kind which seemed to crop up from time to time in different parts of the DoutJniou where a young man or lad was charged with forging a school certificate with the object of showing qualification for a position for which he was applying. This kind of offence was becoming, he would not say common, but sufficiently prevalent to attract notice in the last few years. It was, however, a simple matter as far as they were concerned. Another case of a very simple kind was that in which a man obtained accommodation in the shape of a bed or shake down from an acquaintance. His acquaintance subsequently missed a sum of money including a £5 note, and pursued the man, and there was evidence that the man made certain admissions. There was a case in which a man was injured by a violent blow. The charge was an assault, whereby actual bodily harm was occasioned. It was sufficient for their purpose to fiud that a wilful assault was committed and 4hat the man was rendered seriously ill by it. The medical evidence would tell ithem that in his condition the matter was a somewhat serious one. There was then a case of assault upon a young girl. He had to say in reference to this that if circumstances should appear to ,BUggest that the girl was a consenting party, either wilfully or through ignorance, ,tliis was no excuse whatever at her age. It must make no difference in the performance of their duties. The important case this sitting was the charge of murder against a medical man who recently lived at Waitara. The inquiry they had to make was a limited one. It was really an inquiry as to ■whether there is prima facie evidence that this act of shooting whereby the deceased met her death was the act of the teensed. It might be that when the matter came to be inquired into circumstances would be brought forward to suggest a drunken condition, or even deficient mental condition, but he had to tell them for the purpose of the discharge of their duties that a condition of drunkenness or intoxication was no excuse whatever for crime, and that so far as insanity was concerned if any such question was suggested here it might be a matter of defence, but it was not the duty of the Grand Jury to inquire into matters of defence at all. What they had to inquire into was whether the evidence made out a prima facie case rendering it proper that the case should be publicly tried and the guilt or innocence of the accused established. The evidence would show til at the accused went to tlie house where the deceased resided, that he said something to her —made a proposition to her—and received a denial, and that thereupon, without any interval, he fired two shots into ker neck, the result of one or both of which was that in the course of a few days she succumbed to the injuries. These simple facts were sufficient legally te constitute the crime of wljich the man was charged, and it would not l>s their duty to inquire further than to ascertain whether there was prima facie evidence to show that lie in fact fired the shots tlijt struck this woman, and that she met her death in this way. TRI'E BILLS.

The Grand Jury returned true '"ills in the following oases:—Rex v. Garner, alleged forgery and uttering; Ilex v. Usher, alias Ramsay, alleged theft from a dwelling; Rex v. Allan Drown, alleged assault, with intent to commit rape; Rex v. Davidson, alleged assault, causing actual bodily harm; Rex v. Goode. alleged murder. FORGING A CERTIFICATE. John William Garner, a lad of about 18 years, formerly a pupil at the Ratapiko school, was charged with haying forged an entry on a school standard certificate, so as to lead the General Manager of Railways to believe that he had passed the fifth standard, the certificate being sent forward to support an application for employment in the railway service. Mr. J. E. Wilson appeared on behalf of the accused, and asked for lenient treatment. The forgery had been a clumsy one, such as could not possibly have deceived the Department. Further, the accused had understood from the teacher that he. had passed the fifth standard in her own examination, and ilia father would say that, understanding this from the lad, he had taken him away from school. J. AV. Garner, the boy's father, was put in the box, and he said the accused •had always been a good boy at home.

His Honor said he did not feel justified in sentencing the accused to imprisonment, although the ofi'ence was really a serious one, and unless this sort of forgery was stopped the deterring influence of a term in gaol would have to be •resorted to. He could not look upon this fraud as a light matter, for had he .obtained the position it would have been at the expense of ousting some eligible applicant. The accused was admitted to twelve months' probation, and ordered

to contribute £5 (in monthly instal-| nients of 10s) towards the cost of the prosecution. A HOUSE-STEALING CHARGE. Albert Kapperley, a diminutive, youth of IS years, from the Opunake district, appeared for sentence 011 a charge of horse stealing, to which charge he had pleaded guilty. The theft took place at I'ihamn, on or about 13th September, JIHI7, and the mare stolen was the propertv of llemi Kangitawa, valued at £lO.

Mr. Weston said the lad had been arrested in Canterbury. The liorse had been stolen ami sold, and subsequently found in possession of the purchaser. The accused had li.vi convicted in February, 1808, of theft of money from a dwelling. His Honor, addressing the accused, said he intended to take a lenient view of file case, "but you must remember it is! your second offence, and that if it goes on much longer you will be locked up for an indefinite period—you won't know when you will come out. I will sentence you to a short term of imprison-' ment, but under conditions whicli you will not find attractive." Accused was then sentenced to three months' imprisonment, without hard labour. HOLSE-BKEAIvIXG AND THEFT.

John Edward Lisher, alias Jack Ramsay, was charged with theft of i'li (in one Jls note and one single £1 note)' from the dwelling of Patrick J. Houlihan at Douglas, 011 February ttril last. The accused pleaded guilty, and handed a written statement to his Honor. He had previously been guilty of breaking and entering the dwelling of one James Black, and of committing a crime therein.

l'lie Crown Prosecutor said accused had an indifferent record. Most of his offences had been connected with drunkenness, a failing that might have been accounted for by his career as a sailor.

On reading the prisoner's statement his Honor remarked upon a clause in it which alleged that the accused and tlie other man had been drinking together, and the correctness of that was suggested by the oase with which the theft was committed. 11l sentencing the accufced to twelve months' imprisonment 011 each count, sentences to run concurrently, his Honor sought to make quite clear to him his .position, lie had been once convicted in the Supreme Court, and to-day were recorded two distinct indictments. I'here were also several .Magistrate's Court offences, which made a long criminal career. If matters went a little further lie would be treated as an habitual criminal. lie had a very small margin left. As an habitual criminal he would be put under lock and key in one of His .Majesty's prisons, and no one knew how long he might be there. If ever he began drinking again, and temptation came to him, he should remember this serious position. ALLEGED INDECENT ASSAULT. '

Alan Brown, a youth, was charged with having, at Stratford, on ltebruary 13th last, assaulted a girl ] under the age of 16 years, with attempt to commit rape, and also with indecent assault, and common assault. The following jury was empanelled: Messrs. Jos. M. Parker, James Purdie, George A. Adlam, James Coouibcs, M. Shivnan, E. W. Wheatley, James Webber, William Telfar, ,Harry H. Grayling, George Hopkins, James Telfar, Herbert T. Allen. Mr. G. A. Adlam was chosen formean.

Mr. T. S. Weston appeared for tlie' Crown, and Mr. Spence for the accused, who pleaded " Not Guilty." In opening the case, Mr. Weston impressed upin the jury the need for protecting the little girls. As little girls were, so would the women be; as the women, so the iuother3; and as the mothers, so would society be. It was this which made this class of oftence bo serious.

The court was cleared during the hearing of the case. The complainant's story was an allegation of the use of force. The defence alleged that the girl was a consenting party,, which, whilst it did not lvte the accused from blame, mitigated the olfence; and that the accused did not lay hands on her at all. Evidence was called of the girl and her mother on (the one side, and the lad and Dr. Carbery on the other. Detective Boddam gave evidence as to locality and distances. Counsel addressed at considerable length, and his Honor summed up slightly in accused's favor. The jury retired at 4 o'clock, and returned at 4.30 p.m. with a verdict of Not guilty." The accused was discharged. ALLEGED ASSAULT.

William Davidson was arraigned upon a charge of having, 011 November 14th, 1908, assaulted John Crockett, of New Plymouth, gardener, so as to cause him actual bodily harm. .Mr. A. H. Johnstone appeared for the Crown Prosecutor, and ill", J. E. \\ ilsoii for the accused. Tiie following jury was empanelled, the Crown challenging four and the prisoner exercising the full right of challenge: Messrs. Kichard Aroa, .Tames Ollfvcr, John 1-rascr, Ilenry Charles Sampson, Harold Bishop. Harry Longman, James Loveridge, Thomas -Mack. Ilenry Frcthcy, Walter Scott, William Seamark, Ernest •). Sole. Mr. Loveridge was chosen foreman.

Florence Crockett, daughter ci John Crockett, residing with her parents in Lemon Street, New Plymouth, gave evidence that about ten o'clock on the night of Saturday, November 14th, she was standing outside McNeill's grocery store, which was crowded. Siie was waiting for her father and mother, who were in the store, when the accused came behind her and pulled her hair. He said something about going home, but his words were mumbled and indistinct. She complained to her lather, and whilst doing that she noticed the accused at the window beckoning to her. •lust then a Mrs. Lambert came into the shop. She and ill's. Lambert went out of the shop together, and the man beckoned to her again. Her father came out and asked accused why he wag interfering with witness. The man struck at her father with his fist, and the latter fell to the ground. He was helped into the shop, lie was ill for some time afterwards, and was conlined to his bed for nearly two weeks.

Cross-examined: Accused pulled her hair just sufficiently hard to attract her attention. The reason of her leaving the shop with Mrs. Lambert was to see if the man would interfere with her again. Her father could not walk back into the sliop; McNeill dragged him. She could not say if the accused had been drinking. Emily Lambert, wife of George Lambert, residing in Devon Street east, at the fire brigade station, near McNeill's shop, gave corroborative evidence, volunteering the additional fact that after the assault she shook her fist in Davidson's face.

Cross-examined: She had known the accused for a numlier of years, and knew nothing against his character. That night ho was drunk. Asked as to the degree of his drunkenness, she said lie was so drunk that lie didn't know what he was doing. As to pulling the girl's hair, the action was not rough, but "just like a lover's trick, as it ne ( were waiting for her and wanted her to hurry up." She didn't know then that tliey were unacquainted. Ile-exainiuod: Davidson was not able to walk straight. \ Eliza Crockett, wife of John Crockett,' slated that for over six years past her husband hail been in very poor health. She gave evidence of the complaint at McNeill's simp, and of the assault, her storv being very similar to that already before the Court. Dr. Blaeklev was called ill. As the result of the blow her husband's working capacity had been seriously affected. Davidson called round 011 the following Wednesday in an agitated frame of mind, and expressed his regret for what he had done. She told him it was too lute for her to do anything. and referred him to "nor lawyer. <'ro-*'.['x;iinined: She knew that the accused saw her lawyer, and that an olfer of an apology was made, together with an offer of the payment of expenses incurred. She had been willing to <-lose the m'atter with the apology, and would not nxflcept the .money, but* the ease was taken up by the police, tier husband was now about again, but there was 110 doulbt of his health having been impaired 'by the blow, lie suffered from a eerions form of heart disease. Ilcnrv Blackmore. senior mail clerk in the' Chief l'ost Office at New Plymouth. said that 011 the evening in question he wfts standing almost at the-

corner ot' Devon and Cover streets, on the edge of tlie footpath, in front ol' the store. lie saw the prisoner standiny dose by t!u' Jetter-bo.\, and. saw two young Indies come u£> to the shop window. Alcused stepped between thorn aud spoke to them. 'They parted and ran into the store. Presently Miss Crockett came up, 'and ha saw accused pnJl her h'air. Accused spoke to her, too, laud she run into the shop. Witness left the .scene, and went home. lie was close to Davidson for about iifteeu niuiiutes. Davidson was certainly sober. The 'man istood, spoke to people going by, made himself a, cigarette, and so on. Dr. Blackley gave ■evidence of being c.UUhI to atteml Air. Jolxu Crockett sit Lemon street about midnight 011 November 141"11. He 'Was then just rccoveriifg from <1 faint, was in a state of extreme nervous excitability, and in a state of nervous prostration. There was <1 lump a bun t half the size of an orange 011 his left ju,\v. and lie complained of severe -pains on the Itfft jaw, the left side of the neck, and the right shoulder. Ilia condition at the tune was serious, and his life in danger. Tlmt state of ullairs lasted for about 48 to isli hours. Witness attended him for about six \n>vkfe, and he recovered slowly, but still icl't the effects of tlie shock. Crockett was a cln onic inv'aliJ, suffering from heart disease. It would I'be quite unsafe for him to come to Court.

Cross-examined: The last remark 'would apply also to his condition prior to. thi's incident. Tlie blow would not have laid up a strong robust man tor more than i! 4 hours, and it would not llave endangered his life unless he liad suffered, as Crockett suffered, from heart trouble. Crockett was not naturally an excitable person; in fact, as a general rule, he was very placid and inoffensive.

Ttliis concluded the case for the jiru sedition.

Mr. Wilson, in owning the defence, ' said that it would be useless for Davidson to deny having .struck the blow, but his ■story would place a different complexion upon the fhet*. fhfc accused, WMl'liiiiy Davidson, baker, residing in New XMyinouth, stated that he remembered the 14th Novem'bcr last. iHe rose Hint morning at three o'clock, and went into Lealand's bakehouse to do some work; lie was "down town" in tlie early part of the wening, and later lie "went out of town 'with some friends towards the east end. Returning -at about ten o'clock, lie .stopped outside .McNeill's shop, lie saw two girlii standing by the shop "window. lie touched the hair of one of them, but did not ispeak to her. The girls -cleared into the shop. He leaned against the verandah post, and did nothing 'further to attract the girls' attention. He saw one oi the-girls and Mrs. Lambert come out of the shop and cross the road. Next thing a man came rushing at him from the shop, and appeared about to strike, so lie struck first. During the next week lie "went down to Mrs. Crockett, and apologise!. .She referred him to Mr. Frank Wilson, her solicitor. Witness oll'ered to pay any ex'penses incurred, but that oiler was declined. Cross-ex'amincd: It was not true that lie spoke to 'tlie girl a.t all. He stroked her hair "k>.r fun." He had had throe or four drinks, ami they had had their effect upon him. Drink produced a "sleepy" effect on him. Ho "was not "liad." It was not till tlie following Tuesday .evening that lie heard Crockett was seriously injured or that he was a- sufferer from heart disease, lie did not beckon tor nod to the girl when i,he was in the shop. He must have been nodding, half asleep. Percy Lealand, -"baker, carrying on business in New Plymouth, said that Davidson liad 'been in his employ for three or four years, in two different terms. He was still so employed, lie put full conlidence in Davidson, even to the ex'tent of leaving him in charge of the bakehouse for six or seven weeks at a time. He gave Win the very best •cha rafter, iuul was- anything but a, ro'wdv character.

David Arthur Lealand, baker, carrying on b'usiuetss in New lMymouth, said that he had employed Davidson for aUmt sixteen years, lie had always borne an excellent character, and was most trustworthy. This concluded Hie evidence .

.Mr. Wilson addressed the jury, laying stress upon the abseuce of any evidence to prove intent to cause actual bodily harm.

.Mr. Johnstone 'wiiivahl his right to all address. His Honor directed the jury tliiit it \v,i- not necessary to prove intent to do injury, for tile jury could impute intent from tile conscijiienms. The jury bad evidence of an assault, full was this assault of the more serious kind, or wan it such as came within the definition of a "cniniinon sissiauH'''; They had to remember that the accused 'was in drink at the time, and the man who had a few drinks was not by any means the best narrator of 'events. This laet stood out, that tiie accused xvas out of hand, ami that lie was frightening girls. The accused -alone described the Mow a» a defensive act. The other* told a dilVevent s>tor.v. If the accused had though! Crockett wirt about to strike him. his porper course was to have adopted a defensive attitude, not to have struck out as he did. Tin* jury rctitx'd at six o'clock, and returned t'weutv-two minutes later witli a verdict of ''guilty of common as,«ult." Mr. Wilson asked liis Honor if he would, in passing sentence, extend the provisionis -of the lirst oU'enders' probation to the accused, who had liorne an cxt'niplary character and had now had a severe fright. Ilis Honor said that he had been ineliueil to treat this as a case for imprisonment, according to his rule in of aggravated assault xvilivn the drink habit°\vas alleged as a cause or 'was a contributing factor, Hut where as in this case the accused bore a- good character and there was all isolated ad. lie varied the rule, particularly in view „f the excellent character given the accused by his employers. He, approved of the verdict brought in hy the jury, for the accused could never have anticipated tile Lserious results of tile blow", lie thought tile intc.cslK of justice 'would he served in this ease by the JiiIlictioiL of a. severe tine. He did not think it necessary, in the ease ol a man .of siii-Il excellent cliaracier, to admit him: to probation, for he thought Davidson eou.hl l>e trusted to avoid this »ort of trouble in future. The licensed would he ordered to pay his Majesty the King' 'tilie sum -of .C2o."' 1 .U'r. Wilson tidW. if his Honor would allow time bo find the money. llis Honor: ''That is a judgment. He must lind 'the money." The Court then adjourned till Uh* morning at ten o'clock, when the tiial •of Dr. E. .T. Coode, on a charge of attempted murder, will he commenced. There were llwenty-ninc witnesses :il the Magisterial enquiry, and that 1111111her will probably he increased in the present trial.