SUPREME COURT OPENS

Taranaki Daily News, 24 November 1926, Page 11

SUPREME COURT OPENS

SESSION IN TARANAKI HEARING OF CRIMINAL CASES. ELEVEN TRUE BILLS RETURNED. Eleven true bills amj, one no bill were returned by the Grana Jury after consideration of the criminal charges when the quarterly session of the Supreme Court in the Taranaki judicial district opened at New Plymouth yesterday before the Chief Justice (Hon. C. P. Skerrett). The Court was occupied throughout the day with the hearing of charges against an Opunake man, Samuel Julian, of bigamy and false pretences. The hearing was not completed ,w’hen the Court adjourned at 6 p.m., and will be continued this morning. One of the prisoners for trial, Henry Ernest Ferguson Samuel Lee, pleaded guilty to charges of forgery and utter-, ing a valueless cheque at Patea, and was remanded until 10 o'clock to-morrow morning for sentence. A young man, Charles William Hall, who had pleaded guilty in the lower court to charges of forgery, detaining a postal packet and theft at Stratford, will also appear at 10 o'clock to-morrow morning for sentence. This morning the charge of theft against Joseph Signal will come up for hearing at 10 o’clock. The following constituted the Grand Jury: Messrs. F. Amoore (foreman), L. I. Rea, A. F. Mollison, W. N. Stephenson, W. P. Okey, W. P. Nieoll, A. McHardy, J. McLeod, R. J. Deare, J. W. Robb, F. H. Masters, A. Alexander, J. T. White, C. H. Wyatt, T. H. Bates, A. S. Clark, L. C. Sladden, J. O. Bennett, G. E. Dinniss, 11. Darby, J. W. Taunt, J. D. Sole, P. C. Garnham. lIIS HONOUR'S CHARGE. In his charge to the Grand Jury, His Honour stated that the charges they were called upon to investigate were more numerous than usual. However, he thought that the circumstances were such that need give the Grand Jury no particular concern. When an analysis of the charges was made, it would be found that the evidence did not point to a serious deterioration jn the moral standard of the community. There was one thing that the jury would be glad to know, namely, that not one of the prisoners was a member of the professional criminal class. There were no cases of persons who made crime a business, men who, when incarcerated in a prison, counted the time when they would be free again to continue their organised criminality, and when in gaol made themselves as comfortable as circumstances would permit. The comparatively large number of charges before the court was only the variation that occurred in any district from time to time, and should give no cause for alarm. The charges comprised a curiously heterogeneous collection. One was of bigamy. Two were of a serious nature, and could be committed only by persons who were sexual perverts. Of these, one was of indecent .assault on males, and the other of indecent exposure before a number of little girls and some adult ladies. There were three charges of arson -against one prisoner, and a series of charges of theft and receiving stolen goods against four other persons. The criminal charges were completed by one of carnal knowledge of a girl under the age of 16 years, preferred against a Maori, one of forgery and two of theft. NO DIFFICULTIES PRESENTED. With regard to the sexual charges, said His Honour, he did not think the jury would have any difficulty. In many instances juries had trouble with such cases, owing to the questionable nature of identification by young children. Difficulties ’of that nature would not, however, arise in the cases before the jury on this occasion. He need scarcely say how necessary it was in the interests of public morality that strict and careful investigation should be made into eases of such a nature. In the case of the charge of arson, the accused was evidently a man of peculiar mentality. It might be that the defence would submit that accused was not mentally responsible for his actions. He would remind the jury, however, that this was a matter not for them, but for the common jury. Against two men there were preferred a series of theft charges involving breaking and entering and stealing from a number of stores. The singular part was that the thefts were alleged to have been committed by farmers who apparently had no motive. Other charges of receiving arose out of the same circumstances, and he did not think the cases would cause the jury any difficulty. THE OTHER CHARGES. In the charge of carnal knowledge, the accused was a Maori and the girl a white girl. He was bound to direct the jury that they had no concern with the ease except to decide first whether the girl was under 16 years of age, and secondly, whether the evidence indicated that carnal knowledge actually had occurred. It was a matter for the common jury to decide such questions as whether the accused had reasonable grounds for thinking that the girl was over 16 years of age. The evidence indicated that the girl was very well developed for her age, and that it was a case of morality that was not very high. This was a matter, however, that did not concern the Grand Jury. The basis of the legis lation on the question was the protection of young girls, a matter of most vital importance to the community. The charges of theft included one alleged to have been committed some five years ago from a blacksmith’s shop, which he did not think would cause any difficulty, and a charge against a man of conspiring to rob an old man. The old man had apparently been robbed by his relations, and the question for the jury to decide was whether the aecusei should be put on his trial on the grounds of conspiring with his wife (who had pleaded guilty in the lower court, and had been punished) and another relation in the committing of the theft. This concluded His Honour's charge, and the Grand Jury retired to consider the evidence. TRUE BILLS RETURNED. The Grand Jury returned at 3 p.m after consideration of the cases. His Honour thanked them personally for their care and attention to the business of the country, and discharged them with their country's thanks. True bills were returned in the following cases: Joseph Signal, alleged theft, Samuel Julian, alleged bigamy; Henry Ernest Ferguson Samuel Lee, allege'! forgery and uttering talueless cheque j

John Alexander Owens, alleged indecent assault on males (nine charges), and alleged attempted assault; Ambrose Fowler and Albert Graham, alleged breaking, entering and theft (eight charges), alleged possession of housebreaking tool, alleged theft in Bay of Plenty; Albert Fowler and William Fowler, alleged receiving stolen property; Fisher Kapa, alleged carnal knowledge of a girl under 16 years of age; Milton Luke Ashby, alleged indecent exposure (five charges); Colin Leighton, alleged unlawful conversion of auctioneer’* proceeds (seven charges), alleged failure to pay proceeds (seven charges); Harris Leonard Spence, alleged arson (three charges) and theft. No bill was returned by the Grand Jury in the charges against James Rosa of breaking, entering and theft at Aurakino, and the accused was accordingly discharged. PRISONERS PLEAD GUILTY. Henry Ernest Ferguson Samuel Lae pleaded guilty to charges of forging the name of R. S. Seown to a cheque for .£lO at Patea on October 17, 1925, and on or about the same date uttering the valueless cheque to Frederick Henry Ramsbottom, obtaining the sum of £lO from him by so doing. Accused was remanded for sentence until 10 a.m. to-morrow. The Court intimated that Charles William Hall, who had pleaded guilty in the lower court to charges of forgery (two), detaining a postal packet, and theft, would also appear for sentence at 10 a.m. to-morrow. On the application of the Crown Prosecutor (Mr. C. 11. Weston), Joseph Signal, whose ease was set down for hearing yesterday, was remanded to appear for trial at 10 a.m. to day, as one of tliie witnesses was not available vesterddy.