Thank you for correcting the text in this article. Your corrections improve Papers Past searches for everyone. See the latest corrections.

This article contains searchable text which was automatically generated and may contain errors. Join the community and correct any errors you spot to help us improve Papers Past.

Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image

SUPREME COURT.

i NEW PLYMOUTH SESSIONS ' OPENED. (Before His Honor Mr. Justice Chapman.) The quarterly sessions of the Supreme Court at New Plymouth were opened yesterday before his Honor Mr. Justice Chapman. THE GRAND JURY. 7 The following constituted the Grand Jury: Messrs. James Austin, T. Avery, H. Brookman, A. S. Brooker, 11. Baily, 3. Bennett, J. Corneal, W. Cook, E. W. Garner, li. Grim. R. H. George, D J Hushes, A. Hasell, T. C. List,' 11. R. Lepper, L. M. M. Monteath, F. Moverley, J. Mannix, J. McNeill, A. MeHardv, W. P. Nicoll, D. Penman, and F. Robertson. Mr. List was elected foreman. HIS HONOR'S CHARGE. In addressing the Grand Jury his Honor congratulated them on the smallneas of the business before the Court at the present time. The one case was quite an ordinary one of breaking and entering and theft. This, however, was no reason for not calling the Grand Jury together, because in other districts it might be that there were cases of a more serious character which required the consideration of a Grand Jury.. There Were of sexual offences which were sometimes* out of consideration for public feelings, heard behind closed doors, and he felt that there were matters which should be made known to the Grand Jury and he would always regard these as sufficient reason for calling the Grand Jury together, even though it might sometimes seem irksome to men to have to leave their businesses and private concerns. The Grand Jury returned true, hills in the rases of Charles Magon and Frederick Magon, charged with breaking and entering and theft. They were then thanked by his Honor for their services, and discharged. DISAPPEARANCE OF BUILDING MATERIAL. Edward Parfitt was brought up for trial on charges of the theft of building material at Fitzroy, valued at £lO. hj». tween July loth and August 31st. !0l!>, the property of Mrs. J." ST. Moorhouse (Wellington) from the premises known as the old bacon factory, and also with the theft of three rolls of "Certainteed" from the Taranaki Farmers' Meat Co.'s works at Smart Road, valued at £o Ss. fie was also alternatively charged with receiving the goods, knowing them fo have, been stolen. The case was one which was adjourned from the last sessions, on account of the absence of an essential witness for the defence.

Accused, when arraigned, pleaded not guilty. Mr. C. U. Weston appeared for the Crown and Mr. C. H. Croker represented accused.

The following jurv was empanelled: Messrs l.\ C. Akers", H. Purdie, E. A. Urge, G. Feek, W. Melton, h. L. Humphries, V. B. Mattson. H. E. Hill. F. Frewin, J. Harver, H. Sampson, and N. Christiansen jnr Mr. Humphries was chosen foreman.

Raymond H. Lepine, law clerk in the office of Messrs. Standish and Anderson, deposed to visiting the old bacon factory on several occasions and inspecting the premises for his firm on behalf uf Mrs. Moorhouse. In September of last year he noticed that some of the doors and windows which previously had been nailed up had been broken open and some of themwremoved. He also noticed that the timber of a partition in a shed at the hack,of the factory had been taken away. He estimated the value of the mi'sing' material at about £lO.

To Mr. Croker: Prior to September it was about eight months since he last inspected the building. He was not aware that since September, 1019, some boards had been removed from the sides of the shed. He knew that a message came to his firm's office to the effect that timber was being removed from the bacon factory. He was not aware that the place was open to the public before September, 101(1. Constable Wroblenski stated that on October 13 last he went to interview accused, but prior to doing so he inspected the old bacon factory. In a shed at the back he saw where several pieces of scantling had been sawn off From the roof timbers, and the boards pulled off a partition. In the main Imilding lie found an inner door and two square windows had been removed, the inn rks showing that the nails had been recently drawn. Accused's house, was about 100 yards away from the bacon factory- On going there he told accused's wife of his purpose, and asked to he allowed to look through the house. He found the door of the whare was the one removed from the bacon factory, and several 12in x lin lining boards were built into the ceiling of the house. The window facing towards town corresponded with that missing from the bacon factory, and the one facing the tannery had been altered by being cut down the centre and made into a casement window. He also saw some 3in x 2iu scantlings which corresponded with the pieces cut from the shed at the bacon factory. When accused was seen he said if a criminal charge was going to be made he would say nothing till then,

"iid on the constable pointing out the timber in tlio wliare accused remarked: |: lt's no use denying it, you can eee it '"or yourself. But I'm not the only one in it; Mr. Simpson helped me." Accused also told witness that his wife had applied to Standish and Anc'efson for permission to buy some of the timlior but was refused. He also tried himself to purchase some of the timber, but on being refused said to the agents for the place, "I don't mind telling you it's walking." When asked about the nibberoid lie denied having taken any from the freezing works, but said he had purchased five rolls from Pearce'r, «=tor<> at Fitzroy and produced receipts for them. He suggested to the witness that the Simpsons had put up the boy McArtliur to isay he had taken the nibberoid from the freezing works. Cross-examined by Mr. Croker, witness said he recognised the door taken from the bacon factory because it was of an uncommon size. If was very narrow, and the cizo of the doorway at the factory and the door at accused's whare corresponded exactly when measured. Annie May Simpson, married woman, living at Fitzroy, said accused and hifi wife stayed in her house while th»y built «fl small wliare on the' same section. While staying with her. she had seen accused carying some hoards down Jo his wliare from the direction of th*

Waiwakaiho, and she saw him w ; tn a window, though then he was on the section. He had discussed the matters with the Simpsons, who understood where he was getting the things from He also talked about getting "a door either from the tannery or the bacon and decided on the hitter. She had never seeii anyone helping hi m t 0 bring material from the bacon factory but had seen his step-son helping him with timber from the direction of the lannorv.

In reply to a question as to whether she was married to Mr. Simpson, witness replied emphatically, "I am!" Counsel was putting another question on the same subject when the jiidsc interposed to ask the reason for the'question, and Mr. Crokcr said he would ) )0 attacking the witness' evidence on the grounds of her character and reputation. Reverting to the matter of the assault, Mrs. Simpson said' it had been witnessed by a lad named McArtltur. She had taken out a summons against Parfitt but subsequently withdrew the information.

Wnr. Preston Simpson gave corroborative evidence.

Wm. James Girling, building foreman at the Smart Road Freezing Works, deposed to missing about six rolls of roofing material known as "Certainteed", about the middle of last August. He reported the loss-to the nfanager. Later he went with Constable Wroblenski to accused's wlmre and saw some "Certainteed" there similar to that which had disappeared from the works. The sample produced was like that which had been taken from the meat works. This concluded the case for the Crown.

In opening the defence Mr. Croker said he proposed asking the jury to view both the bacon factory and Parlitt's house. He then proceeded to state that Parfitt admitted taking the timber referred to from the bacon factory, but that he took it with Mr- Simpson, fully believing that the latter had a perfect right to remove the timber from the shed which was partially demolished. In regard to the rubberoid the defence was a complete denial', and also a denial that there . was any "certajntced" in the whare built by Parfitt. Leslie Rohert Little, manager at New Plymouth for Bellringcr Bros., gave evidence as to the different,, kinds of rubberoid, and gave the opinion that the piece in Court taken from Parfitt's was ''Narvojo" and not "Certainteed."

•Tame* Milne, <>7 Wellington, formerly malinger <if the Taranaki Farmers' Meat Freezing Co., deposed to giving instruction?, either to the foreman carpenter or chief engineer, to supply Parfitt with any shattered timber or old iron he required for the building of a whare. So far as witness knew, Parfitt did not avail himself of the privilege extended. So far as lie knew, the accused was honest and straightforward. Constable , Hadler, Fitzroy, gave evidence as to finding the doors of the bacon factory at Fitzroy ripened on occasions, and to turning children out of the place. He drew the attention of Messrs. Stamlish and Anderson to .the Fact that the place, was not properly secured.

Clare Parfitt, wife of accused, deposed flint the whare at Fitzroy was built by Simpson and Parfitt together. She knew nothing of where the timber for the whare came from. Accused then gave evidence in which he said the sample of rubberoid produced was "Jfarvojo" and came off the side of his whare. It was purchased fi-oin Mr. Penrce at Fitzroy. That was the only kind in his whare. Witness detailed an altercation which Mrs. Simpson had with him one Sunday morning when she ordered him to leave the place, and threatened to "do in his job" for him at the works. The evidence of McArthur as to getting rubberoid from the works was not true. He then detailed the arrangements made for building on Simpscn's section, the latter saying he could get all the timber he required from the baco;i factory. Accused agreed to pay half the cost of the whare. Witness helped Simpson to dismantle the old shed at the bacon factory, and the two of them brought a lot of timber down to where the whare was to be built. In regard to the purchase of the property he heard that, the Simpsons were trying to buy it in order to turn witness and his family out. He bought it in Mrs. Parfitt's name.

At this stase (fl p.m.) the hearing was adjourned till 10 o'clock this morning.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19200512.2.56

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, 12 May 1920, Page 6

Word count
Tapeke kupu
1,804

SUPREME COURT. Taranaki Daily News, 12 May 1920, Page 6

SUPREME COURT. Taranaki Daily News, 12 May 1920, Page 6

Help

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert