SUPREME COURT.

Taranaki Daily News, 17 August 1921, Page 6

SUPREME COURT.

NEW PLYMOUTH SESSIONS. YESTERDAY’S BUSINESS. CHARGE TO GRAND JURY. The quarterly sessions of the Supreme Court at New Plymouth opened yesterday, before Mr. Justice Salmond, and the day was occupied with criminal business. The grand jury was comprised as fallows:—Messrs. J. Rollo, C. M. Hill, C. S. Renuell, H. R. Cattley, R. F. Cornwall, C. Carter, A. F. Mollieon, J. S. Connett, T. Furlong, L. B. Webster, E. W. Wheatley, H. Baily, J. Morey, S. W. Shaw, E. ! Dingle, C. Denny-Brown, A. W. Webster, F. E. Orbell, W. T. Hookham, J. D. Sole, A. Veale, J. Waddle, L. C. Sladden. Mr. Shaw was chosen foreman. In the charge to the Grand Jury. His Honor said there were four cases for trial, but only three of thes*.* would come before them, the fourth —a case of alleged incest—having been dealt with by the grand jury at the last criminal sitting, a true bill found, and the case was postponed. The .three remaining cases which would come before them were, His Honor regretted to say, also all sexual charges, although not so serious as the other. There was, in the first place, one of those extraordinary, and unintelligible cases of indecent assault on young chil- ’ dren —cases that occurred persistently throughout New Zealand at every criminal sitting. The man concerned was charged with assaulting a girl of nine years, the informations being: Attempting to carnally know, indecent assault, and common assault. The jury would hear the evidence of the child, and if they believed her they would no doubt come to the conclusion that it was a ca?e of indecent assault, and not of common assault. The next charge was one of supplying’ a noxious drug for the purpose of procuring abortion. The jury might have some difficulty in finding their way through the verbiage of the indictment: it contained two alternative charges. One was of actually supplying a. noxious > thing, knowing (hat -anie was intended to bo used io procure a miscarriage, and I the second charge was of attempting to i' supply. The jury might he somewhat j puzzled by that: they would find that j i the drug was actually’ supplied, but the ‘reason for the wording of the charges [was that it might not be effectively ,i proved as to what was the real narure 11 of the drug supplied. To avoid a break[[down of the prosecution on this count !; accused was also charged with attempt- |; ing to supply. II The third case was a'charge of carnal J [ intercourse with a girt of 15 years. The | girl would give evidence. The matter of | whether accused know iho girl’s age or I not was a question for the common $ jury to decide. The grand jury had to •; decide whether the evidence was suffici S ent to establish a prima facie ease. 9 i which would justify the appearance of 8! accused before a common jury. g | True bills wore returned in the folII lowing cases: Rowland T. Eagar (alleged 1 1 attempted carnal knowledge, indecen* f jassault and common assault); George A. J [ Derby (alleged unlawful carnal know- ■ ledge); A. C. Hooker (alleged at tempting to procure abortion).

j ALLEGED ASSAULT ON GIRL. ! Hearing of the charge aghinst R. T. j Eagar proceeded during the day. The offence was alleged to have taken place or. ! May 12, at Normanby. Mr. C. H. Weston • (Crown Prosecutor) conducted the case, i and Mr. P. O’Dea defended. The following ; jury was empanelled: Messrs F. C. Harrison, W. Mitchison, A. W. Robson, P. P. Eva, J. Cook, R. C. Rickard, 11. D. Curiein. J. T. 1 Lock, F. A. Coleman, N. H. Hanwrigbt, A. |B. Edgecombe, A. Adam. Mr. Coleman was chosen foreman. ■ The Crown Prosecutor said that, on the date mentioned Eagar assaulted a little j Maori girl. It was at night, and she was on her road home from the skating rink, 1 accompanied by a young brother. At a i certain part of the road, it was alleged, i Eagar knocked her down and commenced jto assault her. She cried our and sent J her brother for assistance. When he reI turned with an elder brother, however. ' accused had gone. The little girl was still ‘on the ground. There was no doubt that , an ass\alt did take place, as the girl was ' examined by a doctor afterwards, and evidence would be given in this connection. The question was as to who the culprit was. The girl, accompanied by her parents, afterwards went to the skating rink in the township, and the child identified Eagar as her assailant. • .Evidence was given by the girl as to the happenings on the- night of the offence. As regards the identification at the hall, she denied that her mother pointed out Eagar first and told her to say that he was rhe man. This evidence was supported by the girl’s brother. Concerning rhe discovery of accused at the hall, the girl’s father, Rangi Hawe, admitted hearing his .wife say, “You’re mad; he’s the fellow all right’’, but that was after the girl had identified' Eagar. Evidence was also given by Te Aka Hawe. W. S. Poole, hotel licensee, Normanby, said rhe little girl and her brother knocked at the hotel door about twenty minutes past nine on the night of the offence. The 1 girl was crying, and she said that one of rhe jockey boys had’ knocked her down. As this was happening the children’s parents came along. The girl said the man : was in the br.ll. Witness then put a revolver in his pocket and proceeded to the hall, thinking he might have to encounter a demented person. At the hall witness puller! his revolver out and told the crowd :to line up. Seeing that they were only ’ boys he put •the revolver back in his I pocket. lie went round among the crowd, • accompanied by the children, and lifted i rhe hats off two or three of the men, and . the girl picked out accused, who was also identified by the boy. Witness knew Eagar, as he was staying at the hotel. He took Eagar along to the hotel and rang up the police. Sergeant Henry, on arrival, questioned accused, who, however, denied knowing anything about the occurrence. The case was proceeding when the Court adjourned till 10 a.m. to-day.