SUPREME COURT.

Taranaki Daily News, 21 August 1917, Page 6

SUPREME COURT.

SEW PLYMOUTH SITTINGS. ' The August sittings of the Supreme Court iu -N'e» Myuiouth opened jesterday before His Honor Mr, JUtUtGRAND JURY. The following gentlemen formed the Orand Jury:—Messrs C. Tl. dturgess (foreman;)., ¥. W. Atkinson, J. McLean Auld, Hugh Baily, K. H. Hartley, E. M. lieck'uessinger. C. Carter, H. E. Catley, Jas. Clarke. J. S. Conuett, W. B. I'iissell, If. Goodatr.e, It. 0 ribbon, E. Griftttlis, T. G. Hirst, P. Jackson, K. Nops. A. M. PaJtner, S. Jihaw, L. C. Jilailden. .J. 1). Sale, 3S. P. "Webster, H. J. 13. 'Wells. JUDGE'S CHARGES.

Bis Honor, in charging the grand jury said: Mr. foreman ajid gentlemen of tlie grand jury, your duties to-day will be comparatively light. There arc several cases in which bills will be laid before you, but none of them are of a specially serious kind. They are all ordinary cases which we must expect occurring in a populous district such as this. You Bill remember that you are merely to consider whether a prima facie case casehas 1« ' : ide out by the Crown, a case calling a the accused person being put ujjui lii.i trial. Your-only duty is to examine the witnesses for the Crown, and if their evidence makes out a prima facie case you will return a true bill.. As to particulars, I will briefly refer to some of their characteristics. There is a case iu which two men are charged with an assault on a constable, whereby one of his ribs was broken. That was actual bodily harm, and it is not necessary to show that there was auy intent. You will notice that two men are charged, which, I think, it will appear to you that only one struck the particular blow which broke the constable's rib. That, however, is immaterial so far as you are concerned; both men were engaged in an illegal act, an attempt to liberate a person who had been arrested by the constable. They acted together and both are responsible, and in this case I don't think you will have any difficulty. Then there is a curious ease in which two men are charged with cattle stealing. The cattle were put in a paddock on the 27th May by the owner, and on the 2nd or 3rd June the two men were found | dealing with them, trying to sell them, jud ultimately they did sell tliem. There seems to have been a curious combination, as one of the men is a piano tuner —what tlie ofTier is I do not know —but it appears imustial to find a piano tuner •dealing in cattle. Tlie cattle were stolen sometime between May 27tli and Juno 2nd, and these men were found dealing | with them. When men are found in pos- , session of recently stolen goods the fact •illls upon them to give a credible explication of bow they came by them .In this case they do offer an explanation, hut that you are obviously not in a i position to investigate as you will only Shear the witnesses tor the Crown. If it is shown that the cattle were stolen and that they were found in the possession of the accused, you will be justified in finding a true bill. 'ln another case a man was charged with passing valueless cheques. The duty of the Crown is to show that the accused knew the cheques to ije valuele-B anil had deliberated and fraudulently cashed them, and you will have the evidence of the bank manager to assi-.t you. There. is a ea.se arising, apparently, out of some litigation in this particular district, iu which a woman is charged "Willi perjury. Evidently there was sonic litigation between her and one liaskin. the case being heard here, I lieiieve. in which she -wore she was only mni in a motor car with Lopjell. What ail that means, i don't know, but if it is proved that she swore she was only once in a car with Lopdcll, and that that statement was, untrue, then there is a prima facie ca-e to i'.n-v,i r. It is not iieces-an that the «t»t.>iisfi)i alleged to be untrue Wiis an impor'anL i.'.iru'eiit as long as it was i.i.i ie intentionally. 1 The last ct'.i-c I have lo rei'cr to is one of lisc class that ir«i|,s up from time to timt. Two young people wished to get jna.ricJ. the girl l.eiug only 17 years of aye in March last. 'J'iie young fellow, about 21, 1 understand, miuic a do-

;'.n> registrar. declaration whi \i will be shown to be iaisc. in order to obtain i\ certilicate authorising the marriage. That is an offence against the Registration of Marriage Act, because the law is set against clandestine marriage, certainly set against a young man running away with a school girl ■and marrying her on the strength of a ■fab e declaration. The.-e, gentlemen, arc delail-j of the ordinary types of cases with which you have to deal. If you

wii! retire, the hills will bu submitted for your consideration.

TRL'E BILLS ' Tho Orand Jury returned true bills I in-.all the cujcs submitted to them. ALLESED CATTLE STEALING. ! Wilii.nn Oakenfull and Charle-i Arnold Sligln were charged with having on Juue k'J stolen three cows, the property of jjohn Wiiliam S.'iowden, of hiaha. other fvunts on the indictment alleging that jtke'- ~cci\cd tile cows knowing them ito have been stolen; that 1 hey conspired to Meal the cattle, and that they eonspued to receive the cattle knowing i tin i:i to have been stolen.

Mr. il. R. Billing conducted the prosecution ..II icliull of the Crown. The lie cu-ed were both represented by counsel.

The following jury were empaneled: j Messrs E. E. Oadd (foreman), Michael , Jones, Alexander Alexander, J. A. Bosv.cll. .lame.-, Austin. .J. K. Hawkins, W. I O. Ford, John Hale, N. A. Allen. Tiibma.s j Bell, .Ignies U. Todd, 15. Honeylicid. ' Mr. Billing, in opening, chiefly outlined <j the case for the Crown and proceeded Ito call evidence.

John William Snowden, farmer on the Main South Road. Inaha. near Manaia, stated that among other stock he had owned three cows, which he described. One of them, a red and white Ayrshire cow had no particular mark about her head, but when he received her about 2nd July there was one horn missing. He had had that cow for two or three years and he had bred the other two. lie had no difficulty in recognising them when be saw them in a Maori .paddock Oil the opposite side of Ihe road about a quarter of a mile away. He put them in the paddock on June 27, and first missed them on June :i. He had been working in the paddock during the interval, but had noticed that the three cows were missing. The paddock was feeurely fenced ami. there were no breaks in the fence or the gate?. He first saw tv.o of tliem iu the Maori's paddock on Auroa Road near Otakeho. on June 2(>. The next day he claimed the two, and on itho 'cay home with them he told the ] police about the other cow, and the police found her in Mr. Riley's jiaddock at Okaiawa. Ifc was quite satisfied as tfo tfec

accused were total strangers to witness. Whaka Heka, farmer, Auroa, gave evidence to the effect that on a Sunday, morning, about the beginning of June, the accused brought three cows, which he described, to bis place. An exchange was made for other cows between witness and Oakenfilll on 'Monday, June 3. First of all it wa_s agreed that witness should give Oakenfull two cow s and n Uiorse for the three eows, but Oalienfuii backed out of that, and it was evcniuMly agreed that witness should give one «Bow and the horse for two cows. Oakenfull took the other cow awav.

Thomas William Dill, butcher, Otakelio, depo;-ed that he had known the Accused for two or three years. Oakenfull had been working on a dairy farm, 'at piano-tuning, and at playing for 'dances. Early in Juue Slight asked witness to go and see some cows at Wliaka Tieka's place. Witness did so, and at Whaka Ifeka's place be saw Oakenfull, Slight, and Wliaka Heka. Witness was Offered two of the cattle, but no deal i fesulted.

Donald Robertson, farmer, Manaia, deposed that he had ,liad dealings with Oakenfull, and had known him and Slight for two or three years. On JuneC lie itet Slight on the road driving two cows (afterwards identified as SnowMen's), which he said he was taking to witness' paddock. On Cth June Oakenfull offered to sell him the two cows that were in his (witness') paddock, but after looking, at them he decided not to purchase. A message was sent to Mrs. Outts that there were two cows at wit- , iiess' place for sale, and her husband came over and purchased one of tliem for £lt). Mr. Cutts obtained a receipt for the £lO, signed by Oakenfull. The other cow remained on witness' place till the following Thursday, when Slight came .for it and took it away. Oakenfull had told witness that his reason for selling was that he had been drawn in the ballot and wanted to clear up tilings before ho went to the front. He had since seen the cow taken away by Slight. He saw her in the yard of tho courthouse at Hawera on t'lio day the accused were committed for trial,' and had no difficulty in identifying her.

Frederick Cutts corroborated the previous witness' statement as to the purchase of a cow from Oakenfull for £lO on June 7.

Mana Tekakaho deposed that he had purchased a cow at Okaiawa from Oakenfull for £S, and had sold her to James liiley. the butcher at Okaiawa, the same day for £lO, Oakenfull said he was disposing of his goods before going to the var. Slight recommended the cow, she was a good milker, but was Sot present when witness purchased lier. James Francis Kiley gave evidence as to the purchase of the'cow from the previous witness. Two or three weeks afterwards the cow was claimed by Str. Snowden and taken awav.

Te Kahu, farmer, Okaiawa, deposed that he had bought a horse from Oakenfull for £7, and had obtained a receipt tor the monev.

Senior-Sergeant Till, stationed at Hawera, deposed that on '29 th June he and Constable Xuttall interviewed Slight, and asked him where he and Oakenfull had got the three cows tliey had taken to Waka Ileka's place. Slight made a statement (producedl, in which he admitted the disposal of the cows as indicated by previous witnesses, but stated that Oakenfull had purchased the cows from a man named Jackson for £'24. Witness and , Constable Xuttall next interviewed Oakenfull, and he made a similar statement, producing what purported to be a receipt from Jackson for £24. Witness drew Oakenfull's attention to the fact that the receipt was dated June 2. but Oakenfull said lie was certain he had bought the cows, paid f or tliem. and got the receipt on June 5. \\ itness had been unable to find .my trace of Jackeon, from whom Oakenfull said he had. bought the cows. Constable Xuttall gave corroborative evidence Witness had inquired among auctioneers, stock dealers, and farmers, I but had failed to locate \V. .lac!,son. | To his Honor: The a'icged signature of Jackson to the receipt was very simillnr to Slight's, of which witness had i seen samples. Constable Carroll, of Manaia, stated that he knew a William Jackson who I used to live at Gtakeho. but he had left ' for Wangauui on Mav 20. lie was an i o'd man, about 70 at anyrate, and did ■ not answer to the description given by j'the accused to the police.

Mr. P.. Nicholl stated that he had lent. £1 to Oakenfull at Hawera on May "2o and had been repaid on June j. Before asking for the loan Oakenfull offered to sell witness some cows, but witness declined to purchase tliem.

G. L. Taylor, who was with the previous witnecs and Oakenfull in Ilawcra on May 25, gave similar evidence.

This closed the ca-e for the Crown. In answer to the usual question both accused said they had no evidence to offer.

Oakenfull, addressing the jury, said lie only desired to explain that he had taken the cows to the Maori Whaka Ileica because Whaka Ileka had asi;e.:l him to brills eows lo him if he came across any. Slight said he had had nothing to do with the whole business except driving the cows for Oakenfull.

| His Honor, in sumtning up, said there i was uo doubt the cattle had been stolen i and subsequently found iu the posses- [ sion of the accused. The accused hud made a statement to the police as to | now I bey became poss"- sed of the cows, and it was entirely for the jury to decide as to whether that explanation ! was satisfactory or even sufficient to create a doubt as to the guilt of the accused, lie pointed out the fact that, although the cows were safe in Mr. Snowden's paddock on May '27, the accused Oakenfull had spoken to some of the witnesses about having cows for sale on May 25. The jury, after three-quarters of an hour's retirement, icturned a verdict of guilty against both prisoners, recommending Slight to mercy on the ground that he had been under the influence ot Oakenfull, Sentence was deferred till this morning. ALLEGED ASSAULT. Josef Chamberlain and Alois Mathis j were indicted that on May 11, at Ka- ! ponga, they assaulted Constable Thomas Joseph Lister, with intent, to prevent (he arrest of a man named Lynch, a second count charging them with assault causing actual bodily harm, a third with an 'aggravated assault, and a fourth for a i common assault. Both accused pleaded not guilty and were defended by Mr. A. 11. Johnstone.' The following formed the jury: M. 11. Illolah (foreman), 11, K. Marsh, \V. 11. : 1 Inggitt, George Xeill. G. If. Old, Edwin Chatlcrton, E. W. Okey Mark John- : ston, E. T. llolden, L. Langridge. and Charles Bond. | Mr. Billing opened for the Crown and called the following witnesses. I Constable Liston stated that on the otf May 11 liia attention was called

to a man njmed T.,ynch, who was in a inotor-car opposite the Town Hall at -Kaponga. Witness went and spoke to Lynch, who was drunk, and ho replied with indecent language. Witness arrested him and walked with him to the post ofiice corner, Lynch going quietly. At the post otlicc corner the two accused came up to witness. One .put his arm round witness' neck and the other took hrild of his shoulder, lie pushed them away, but they came at him again and UrucK iiim several blows. In the struggle l-cnch I'elj and pulled witness down with, him. While falling, witness received a heavy blow on the chest. Three men named Pitcher, Patterson, and Bailey came to witness' assistance. While two of them held the accused, the other assisted witness to take Lynch to the lock-up. Next morning ho consulted a doctor, who found that a rib had been fractured.

To Mr. Johnstone: Lynch was fined £3 for being drunk while in charge of a motor-car. Witness had now quite recovered. He was not quite certain,as to which of tliem struck him the heavy blow as he was falling. Dr l-'uist deposed that on examining Constablo Liston on the day following the alleged assault he found hiiu suffering from a fractured rib on the left side. There was no other injury. To Mr. Johnstone: It would not necessarily require a very heavy blow or a direct blow to break a. rib. It might have happened in a variety of ways during the scuffle. Any sharp -blow would have done it.

George Patterson, creamery manager at' Kaponga, stated that he was present when Lynch was arrested, and saw Ihe two accused follow and attack the constable. The constable and tho two accused fell. Witness pulled Chamberlain oil, and Mr. Pitcher, who had also come to the rescue, pulled Mathis. Bailey then tame up and accompanied Constable Liston in taking Lynch to the lock-up. Hugh Pitcher gave similar evidence. Constable Townsend stated that when lie arrested t"c accused Mathis he said he had not kicked the constable, but had only got a hold of him by the shoulder to let the man get away, a.? ho was a good fellow. Chamberlain said: "I did not hit the constable. The man was going to drive us home in his car, and 'I thought he was all right." This closed the case for the prosecution.

Mr. Johnstone called no evidence, but addressed the jury for the defence, submitting that although thero had certainly had been an assault, the evidence foi the Crown did not support the more serious offences charged in the indictment. Tho accused admitted a common assault, and were quite prepared to sulier the consequences of their act. but they most emphatically protested against being severely punished for what they did not do. The doctor stated that the constable's rio could have been broken ov any sharp blow, and counsel suggested it might have happened by the constablo falling on one of the 'other men.

His Honor said it was admitted the men had committed assault, and the only question was the quality of the assault. 'Hie rib had been broken during tlie assault ami as a consequence of the assault, and the assault had been committed in an attempt to jescue Lynch from the constable. His Honor brie'ly reviewed the evidence.

the jury, after twenty minutes' consideration, returned a verdict of guilty on the first count, namely, of assault wit" intent to prevent a lawful apprehension. ■

Uis Honor deferred sentence till this morning.

ADJOURNED, The case in which Edward William, Stockman is charged with making a false iK iUaiation before tho registrar of marnages, was adjourned by consent till the next sittings of the court in New Plymouth, owing to the illness of an important witness, Mr. J. H. Quilliam appeared tor the accused. DIVORCE. William. Robert 'lavton, storcman, of SI rat l ord , for whom Mr. J. C. Nicholson (instructed by Mr. Stanford) appeared, "ought for a decree annulling his marriage with Katie Mannan. There was »<> appearance of the respondent or the co-respondent, Nonuau Charles Winstanley.

The petitioner deposed that he was married to the respondent at Stratford in Xov. IS, 1011. After living together there for about three years respondent went to Wanganui for a fortnight's holiday. After she had been away three weeks he wrote to her, and subsequently he met lief at Aramoho, it being then agreed that he should prepare a home at Blenheim, where he was going, and that she would come to him. He wrote to her from Blenheim, and agaip on his return to Stratford, but received no replies. He alterwards ascertained that she was living in U anganui with the co-respondent as his wife and under his name.

I'ranees Jannes, grocer's assistant, at Stratford, gave evidence to the. effect I hat he knew the respondent before her marriage wiih petitioner, and also that she had been living with the co-rsepond-cnt as his wife in Wanganui. Witness had served the papers on the parties. When Winstanley received his citation he said: "I expected something like this when I took on the proposition." Edward Charles Pope also gave evidence to the effect that the respondent and co-respondent had lived together as man i,»d wife at Wanganui.

His Honor granted a decree nisi, to be made absolute in three months, with costs against the co-respondent.