SUPREME COURTS

Auckland Star, Volume XL, Issue 35, 10 February 1909, Page 5

SUPREME COURTS

;; ; (Before Mr Justice Edwards;) >■■ ■ PERJURY. ■ : " . The Maori Riwaiti .Iroriana, charged >rith; perjury at thje-MagUtrate> Court, Rawene,: while giving-: evidence 'last December on' his own .behalf, was found guilty and sentenced* to twelver months' imprisonment, >to be cumulative with a term he is at present serving.. lA YEAR FOR BREAKING AND j ENTERING. ~-": . '.\ Arthur Myles, a young man charged with having broken and entered a building at Mercer and stolen goods, pleaded not guilty, but it was shown that the prisoner had made a statement admit l ting that ho had" stood Vby while an-: other man committed the offence. ' The judge pointed out that there was only one conclusion, and the jury brought in a verdict, of guilty without retiring: Prisoner "was sent to gaol for- twelve calendar months. .. . '. , ACQUITTED. ~ tij Walter Stannard, a, slight, activelooking man, of middle agej pleaded not guilty to the charge of having stolen a horse at Pukekohe, and obtaining money by false pretences. The Crown Prosecutor, the Hon. J. A. Tole, K.C., in outlining the case, explained how the prisoner, representing himself last October as a veterinary surgeon, borrowed a horse from' a farmer to ride round the district. Upon Stannard not turning up, the settler made inquiries, and discovered that the horse had been sold for £18 to an hotelkeeper. The accused man. in the course of his address to the jury,.pointed out.that he had never left the district, and contended that the informant should have communicated with him before having taken proceedings.

After twenty minutes' retirement, a verdict of "not guilty" was returned.

In discharging Stannard, his Honor congratulated him upon his "luck," and then informed the jury what had previously happened to Stannard in respect of this charge. Some months ago he pleaded guilty at the Magistrate's Court at Pukekohe, and was committed for sentence to the Supreme Court. When examining the papers, however, he (the judge) had discovered that Stannard had not attached his signature to the plea, as required, although he had signed properly elsewhere, aid he had therefore ruled that Stannard was not properly before the Court. So he was discharged;, rearrested, and the whole procedure of trial at the Lower Court repeated. But meanwhilu Stannard had altered his mind, deciding to plead not guilty, and had therefore come up for trial.

Stannard had assumed an attitude throughout of imperturbability towards the Court, almost amounting to indifference, ignoring directions given by his Honor, and generally choosing his own method of defence.

"You are. "a lucky man, and I must itay that. I think you are the most impertinent man that I have ever come across," summed up his Honor. TO-DAY'S PROCEEDING^. Native charged with ABDUCTION*. : ~ ; ' - A young Maori named Whareinatangi pleaded not guilty to a charge of abduction of a JViaori girl under the age ol Iβ at Taupo. Mr. Prendergast appeared for the accused. The Court was-cleared during' the hearing ol the case." Mr. Tole, in outlining the case for-the "prosecution, siad tiiat there were " three charges against the prisoner, two] with' carnally knowing a girl under the eg* of Iβ, and one of abduction. The girl, who was staying with adopted Maori parents, was 14 years of age, and wm. attending school. The guardian noticed the accused frequently ,with the girl, and cautioned him about her, telling him she was only a child. Shortly after, the girl was missed, and complaint was made, to the police, who visited prisoner's settlement, and found him in the same room with her. On being arrested, accused said the girl had told him .she was over Iβ. Evidence for ■ the prosecution was given .by the guardion, who stated that when he noticed accused' hanging about, he charged him with tampering with the girl, which he admitted. He then explained she was only a child, 14 years of age, and he promised to leave her alone. The girl was missed on December 6th.

To Air. Prendergast: He knew the age of the girl, became her parents had told him. ■

To Mr. Tole: The girl had lived with him since she was four months old.

Evidence was also given by the girl, who swore that she had never. told the prisoner that she was sixteen. He and some other people asked her how old sh« was, and she replied that she was fourteen. This was after he had run away with her.

To Mr. Prendergast: It was true that the prisoner had desired of her in marriage from her guardians. But thet was a matter entirely out of her hands. And anyway she would not have per-, sonally consented to marriage with him. She went with him away to his home, but with some reluctance.

His Honor pointed out that it was immaterial whether a girl under the age of 16 accompanied a man - willingly or not, if he persuaded her to go with him beyond the control of her guardians. : . Witness to Mr. Prendergast: When, proceedings were mentioned, the prisoner threatened that if trouble came his way over this matter he would shoot her. Certainly she had written letters to the prisoner, but she had. not written lettersto other people saying that the prisoner was not to marry anybody else.

Constable Ryan, who effected the arrest at Taupp, stated that prisoner, after arrest, declared that the girl had told him she was over 16 years of age.

To Mr. Prendergast: The prisoner was one of the most. hard working' young natives in the Taupo district, and bore an excellent character.