SUPREME COURT.

Taranaki Daily News, 6 February 1917, Page 6

SUPREME COURT.

XEW PLYMOUTH SESSIONS. HIS HOXOR'S CHARGE. The Supreme Court opened lie fore Mr. Justice Edwards in New '.Plymouth yesterday. flic, following r;rami Jury was empanelled:—A. ColdwutiT (foreman), If. U. Cattlcy, J. S. Cornev, E. Dingle Ti. 0. Elli.-., 0. X. I'irtli, ' ,T. (Iriilen, li. Gribbcn, R. A. (irimmer, W. T.Hookman, ■f. .(ones, J. Little, J. MeLeod, A. Morton, .1. Morey. A, 11, Palmer, !». Ramson, O. \y, Sole, A. Veale, L. B. Webster, l'\ Atkinson, J. S. Connett. In liis charge to the Grand Jury, His Honor said there were four bills for tliem to consider, and none Of thee-"' would present any serious difficulty, three of tlie bills were in respect to charges of sexual offences upon young children. His Honor enumerated the charges, and pointed out that it was not for the Jury to consider whether the children concerned had given consent, though that point would be taken into account by himself when gauging the enormity of the offences. A law had been passed for the protection of young females, even against themselves, and necessarily so, for apart from the immorality of the act, they were not capable of judging the serious consequences to themselves. Anyone who tampered with a child committed a serious offence against the child, its parents, and the community.

In connection with the charge against Frank Rattenbury, who was charged with breaking and entering and theft at Waitara, His Honor did not have much to say. He asked the Jury, upon re ; viewing the case from one side, whether there was sufficient evidence to place the accused in the box. The Grand Jury returned true hills in all the criminal cases. A WAITARA CHARGE. Charles Christensen was charged that on June 3, at Waitara,- he had unlawful carna] knowledge of a girl under the age of 10. He was also charged with indecently assaulting the girl. Accused, for whom -Mr. A. H. Johnstone appeared, pleaded not guilty. The "oilowing jury was selected: C. A. Harrison (foreman), W. E. Dockrill, 1?. W. Giddy, W. Pellew, P. Lealand, A. E Ladner, L. Olivers, F. A. James, W. Tncli, W. IT. ITav, W, A. Gwillam, A. Chard.

Evidence was given by the girl concerned, who said she was 15 years of age. She called at accused's house on the morning of June 3 with milk. The accused called >hcr into his bedroom and misconducted himself with her. She gave birth to a child in January. Witness said accused and she had had improper relations on several occasions prior to June 3. Evidence was given by the girl's sister with reference to one occasion, tier mother and the doctor who attended her also gave evidence.

The accused said he was a married man with two children. He flatly denied the allegations made by the girl. He had never received the milk, for he had to be at work at 7.30 in the morning, and the milk seldom arrived before 9 o'clock. ITis wife was home on June 3.

Counsel made a strong appeal on behalf of his client, and submitted tliat the evidence was of an unconvincing nature, such as warranted an acquittal.

His • Honor described the case as a most unsatisfactory one. After "20 minutes' retirement, the jury returned, and asked that the wife of the prisoner be called. Evidence was given by the wife to the effect that she ceased getting milk from the girl's people in | April, 1010. She used condensed milk after that. She was home on June 3. She remembered this because she had a big wash and had visitors. News of the Jutland naval fight came through at this time. Witness was sure the girl concerned did not come to the house on June 3^ The jury returned within three-quar-ters of an hour of the time they were ordered to consider their verdict, and announced they had found accused not guilty on all counts. The accused, was then discharged. A CHARGE BREAKS DOWN - James Alfred Bysantson stood arraigned on the charges that at Waitara, between May 21 and May 31, 11)10, ha had carnal knowledge of two girls under the age of 10, and with indecently assaulting tlie two girls in question. Mr. J. H. Quilliam appeared for the accused, v, ho pleaded not guilty on all counts. J he following jury was empanelled to den 1 with the ease: E. Whittle (foreman), W. Ilealy, W. Cutfield, E. W. Garner, J. W. Blyde, F. S. Butler. H. L. Gilbert, L. H. Caliaglian, H. E. Russ, 11 Paul, A. E. Winter, H. Julian. i Evidence was given by two girls, one of whom was concerned in the previous ease, and both alleged thai: accused had committed offences upon them. ,Before the case had proceeded far, In. Qui;liam asked that the indictments be dismissed, on the ground that one of the vitnesscs had said that .the offence upon her took place a fortnight before June I!. Tii -.' informal ions were not laid until November 21, ifiul after six months—tin: time limit allowed by law—had elapsed. After consideration, His Honor ordered the case to continue. Cn the completion of the evidence for the Crown, his Honor explained to the jury that a charge must be laid within si.v months of the alleged offence, and that it had not been proved that this had been done in the case before them. Mr. Fitzhcrbert, for the Crown, admitted that he was unable to prove that tlie offence took place within the six months^ Without leaving the box, the jury found a verdict of not guilty on ail courts. Mr. Quilliam said the accused absolutely denied the allegations. The prisoner was discharged. MAN FOUND GUILTY. Eenjamin Graham Diver was indicted on.,three counts, of alleged attempt to carnally know a girl of 12 years at Moturoa; of indecent assault, and of assault. Accused pleaded not guilty to all charges. Mr. 0. I). Gow. of Eltham, was assigned by the Crown to act as counsel for the accused. Hie jury was as follows:—E. Whittb (foreman), W. E. Doekrill, J. W. Blydo, S. A. Harrison, M. H. Hay, P. I.ealaml, A K Eadner, L, Olivers, R. W. Giddy, r. O. James, A. G. Johnston, H. L. Gilbert. 'I lie evidence adduced for tlie prosecution showed that on New Year's night accused called at the residence of the civi's parents. The latter were away. He took her into a room, locked tlie door, and there commuted the offences alleged. • mother oi the girl laid accused

had been to the house on several occasions, and had played with the children The. father knew the accused by sight. Accused, on oath, denied the allegations made. On the evening in question be saw the children playing near their house and lie went and played with them. After a time lie went into the house with the eldest girl and then relumed. After chasing the two little girls in the yard he went in again and played with the eldest girl. He was not with the'latter more than five minutes, and he did no wrong to her. To Mr. Fitzherbcrt: He admitted having been convicted six times previously ;o.' theft at Wellington, Waiiganui. and Eitham. This was due to drink, and on cue occasion, at Klthain, he was wrongly convicted.

His Honor, in his direction to the jury. &a;d the question was mainly one of credibility. Were they to believe the evidence of the three girls or that of a convicted thief. He said that the iir*c count of the indictment, that of attempting carnal knowledge, should not have been included, as the evidence only refeiicd to indecent assault.

After a quarter of an hour's retirement, the jury brought in a verdict of not guilty on the first count, and guilty on the second and third counts.

Counsel mentioned that the prisoner had been drawn in the ballot, and had been ordered to go into camp 011 February 15.

His Honor replied that the Defence .Department could make its own arrangements. He had nothing more tocTlt with the prisoner once the latter lefr the court. Sentence was deferred until to-day. '