Supreme Court

Taranaki Daily News, Volume LVII, Issue 292, 19 May 1915, Page 6

Supreme Court

NEW PLYMOUTH SESSIONS. yesterday';-; proceedixos. before iiis honor mil justice EDWARDS. The N,-w Plymouth sessions of the Supremo Court opened at the courthouse yesterday, his Honor Air. Justice Edwards | residing. THK (I HAND JURY. Tlic Urand Jury was empanelled as follows: George M. Arrovsniith, John McLean Anld, James Austin, Alexander L. Cook, Robert .1. Deare, Oeorgo 11. Dolby, Charles 11. Drew, Edward W. Garner, Charles 0. Hawko, Alfred I!. Lonnon, James T. Mannix, Edwin May, James McNeil, A. Morton, William P. Nicoll, Fred W. Olton, Alfred H. Palmer, William Pellew, (ieorge Eamson, Clarence S. Konncll, John Rollo, Stanley J. Smiiii, Frederick Walrfon. Mr. Arthur Morion was chosen fore-man of the jury. AX ABSENT JURYMAN. Henry Black, eleetrieal engineer of Nov.- Plymouth, was fined MU for nhseneo from th" Orand Jury, unless ho could show Kiiflieit :it reason for it. Ilenrv Black appeared later,-end. stating (hat he lr.d accidentally missed the time, his fine was remitted.

lIIS HONOR'S CTIAROE. 11l hischarge to the Orand Jury, his Honor congratulated the disirlct upon the peace and good order prevailing; There was one bill to lie brought before them for their consideration, and he was pleased to say it was not against a resident of that district, but a member of a travelling company. He thought that the jury would have no difficulty in deciding that accused, charged vvitli committing rape on a Maori girl, he put upon his trial. The jury brought in a true bill in the. rape case.' CONCEALMENT 01' I'.IKTII. Florence La'.inia Walls, who had pleaded guilty in the lower court to h charge of concealing the birth of a child, was brought up for sentence. Mr. J. IT. Qiiilliain, who appeared for accused, said Walls was only accused of concealing the birth of her child, there being iio suggestion that the girl was responsible for the death of the child. Medical evidence showed that the cause of the infant's death was a likely one where the proper assistance was not at hand at the time. Tins prisoner was not better prepared for the happening on account of her wish to preserve her secret from her mother as long as possible. The girl had a good character and her previous employer, the proprietress of the Criterion Hotel, had offered to take her back into luv employ, but it had been thought better that she should go into a private family, and she was now employed in a private house in New Plymouth. In vi-w of the probation officer's report, he did not know whether Walls could be given the benefit of the First Offenders Act and be let out on probation, but asked his Honor to take a merciful view of the case and treat prisoner as leniently as possible. His Honor said there seemed to ba no reason to suppose that this case was premeditated. There was but little doubt that prisoner at the time, was out of her right mind, and could not be held wholly responsible. He did not propose to let prisoner off on probation nor to fine her, but would order her to come up for sentence when called upon.

RAPK ON MAORI GIRL. ACCUSED SENTENCED TO SIX YEARS. Joseph Ilascltine, a member of a travelling circus company, was then charged with having committed rape on Margaret I'utara, a Maori <;irl aged 12 years !) months, at Rahulu on April !lth. Mr. Billing prosecuted for the Grown, and Mr. .). E. Wilson was assigned by Crown to defend accused under the J.P'.s Amendment Act. The following jury was empanelled: Oliver N. Firth, Richard James, William Palmer, A. L. Humphries, 11. L. Humphries, N. W. Hill, H. J). Sarten, «. Hoard, Albeit Evetts, George Davy, R. F. Cornwall, G. E. Bruce. It. Heard was chosen foreman.

Accused pleaded not guilty. Margaret Putara deposed" that she went to Barton's Circus at Rnliotu on April 9th with some friends. They saw accused before the circus, and Kahira, one of the little girls who was with her, asked him the time. After the circus she commenced to walk home with Kahira and Piriri Kapuni. On reaching the school accused, who was accompanied by a boy, Barton's son, called them, and overtaking them commenced conversing with them. He then ordered her two girl companions to leave them, and seizing her, attempted to force her to retrace her steps. She called to her friends to return. The two girls came back, and accused again ordered them away. Kahira ran up the road, and witness walked, along the road with Piriri, accused and the boy following. Accnscd then seized Margaret and threw her down, and sent Piriri and the boy to look for Kahira. On their returning after an usuceessful search, he again M-'Ht them away. On their returning, accused ordered Piriri away, threatening to beat her to death if she did not go. She told the girl to seek assistance. Accused then assaulted her, and told tlis boy to do the same, but he did ' not do so. She then hurried after the other girls and told them what had oe- j currcd. They then went on to her aunt's homestead, and, as all were in I bed, they retired also. In the morning she told her aunt, Takahi Te Nga w ha't' had occurred, and also Moeroa Te Riri.' Kahira and Piriri Kiipum', Uk- two 1 other girls, gjre corroborative evidence.

Jlnerua 'IV lliri stated he made a complaint to Constable O'Xeil at Kal'iotu. Takalii TV Na deposed that Margaret J'ntara was born in I!)()'_». !)>. Blacklcy described tlio condition of tlio <rir! after tlio assault.. ! V;nnv] ,1. O'Xeil, p„i;.. c . t - ( „i S tal»l<> .-it | Itaimlu. «ivo evidence as to Hi;, arrest] of accused, wbo made no reply wlicn

charged. When escorting him to the. lock-up, they met the three girls, Margaret Tupara, Kahira, and l'iriri Kapuni. He asked each girl in turn if she had seen the accused before, and ail replied "ves." Sitting in tlio police office at Eahotu the following day accused aftked if it would be better or worse for hiin if lie to.ld the (ruth as to what, happened on the Friday night. Witness told him that he could offer no advice anil any statement must he made of his own free wiil. Accused said that a man eould not be hanged for Idling Ilia truth, and then made n .statement (produced). Samuel J. Jackson gave evidence regarding the date of the birth of Margaret, Puta.-a. Mr. Ilillia;; here put in another statement by accused in which he declared that he refused a certain request by the girl. Counsel for accused said the story of the principal witnesses for the prosecution, the girl Margaret Putnra and the. other two girls, was a fairly circumstantial one. They gave their evidence very readily, and would not admit having talked the matter over, although the manner in which the evidence was given pointed to such having occurred. lie also called their attention to the fact that the evidence was that rape had been committed on a public highway at a time when accused must realise that the action would probably lie witnessed by passers-by. Then again, was It probable that any man with intention to commit a crime of this nature would attempt it with witnesses in such close proximity as the native girls said they were'.' Prisoner's statement would also have to be considered, whether it was the truth or merely offered with a view to mitigating his offence, li they found prisoner guilty on some of the counts lie submitted that (he evidence given by the girl did not bear out the charge of rape.

llis Honor said three Maori girls had spoken as to the commission of the crime; accused also admitted making free with (he girl. The girl spoke of forcible assault, and Dr. Blackley's evidence bore this out. Accused's story was a very improbable one, The jury retired, and on their return the foreman announced that they found prisoner guilty on all counts. Counsel for accused pointed out that prisoner's age was HI years. His Honor said that was no mitigation ol the I'll'ence. Prisoner would be sentenced to six years' imprisonment in New Plymouth gaol, with hard labor. CIVIL BUSINESS. M')A ROAD BOARD v. TARANAKI COUNTY COUNCIL.

John Williams, a. ratepayer of (he Moa Road District (Mr. I). Ilutchen), applied to have the special order passed by the Taranaki County Council annexing a portion of the. Moa Road District quashed. Mr. J. H. Qnilliam appeared for the County Council. Mr. Hutchcn said the facts were not in dispute. The County Council were empowered to annex a portion of a road district. A petition objecting to this was received. Subsequently several who signed the petition wrote requesting that their names be struck off it, as they had signed it under a misapprehension. He submitted, however, that the power of the County Council was determined when the petition was received. Mr. Qnilliam argued that the petitioners in question were justified in withdrawing (heir names from the petition, and that Inning done so the number thereon was below the requisite one-third.

His Honor reserved his decision. DIVORCE. DECREE NISI GRANTED. George Hopkins, harness-maker, of. New riymouth (Mr. Ron. Quliliam) petitioned for a divorce from his wife, Elizabeth Mary Hopkins, John Chadwiek being co-respondent. George Hopkins gave evidence that his \"<fe in 1912 neglected her children, and in January, 11)13, she went for a holiday to lOlthani and did not return until June. .She expressed a wish to leave him and take their daughters. He refused, and on July 14th his wife disappeared. On learning of a birth to his wife at Auckland lie instituted these proceedings. William Nidiolls. bailifl'.gaveevident.' that he had seen John Chadwiek and the woman Hopkins, and they admitted the birth of the illegitimate child. A decree nisi was granted, to be made absolute in three months, costs accordin" to scale.

CASES ELSEWHERE. AUCKLAND NKSSrOXS. By Telegraph.—Press Association. Auckland, May IS. In the Supreme Court Alexander Powell, on a charge of indecent assault on a girl lf>J years of age, was sentenced to live years' hard lalior. (iranville Hunt, apod -tfl years, was charged with the theft of money as a servant. A plea of guilty having been entered, Hunt's counsel said that some years ago Mr. Justice Chapman sent accused Jor eighteen months' imprisonment for embezzlement at Wellington. On his release he got work with a Frankton storekeeper, and between .€70(10 and £81)00 passed through iiis hands. He n«w was charged: with the tiieft of four small sums totalling ,f!f odd. Though no,'; im ntionod in the depositions, the police report stated that Hunt had stolen £-100 from his employer. He suggested this was not fair to the prisoner. His Honor said the accused had a chance given him despite his previous convictions, yet he robbed his employer. He imposed a sentence of two vcars' : hard labor.