Appeals to High Court
p. 12 · Read in the full issue
Sentences In New
Guinea
THE High Court of Australia, during the early part of August, was occu pied in hearing appeals by persons who had been sentenced to terms of imprison ment by the Supreme Court in New Guinea.
Appeal Application Dismissed
On August 6 the High Court refused leave to Rev. Henry Foege, of the New Guinea Lutheran Mission, to appeal against a sentence of two years’ hard labour imposed upon him by Judge Wan liss on June 10 for unlawfully depriving a native of his personal liberty.
It was explained that the missionary was working in “uncontrolled” territory; that three of his helpers were attacked and their goods stolen; and that the mis sionary, in the absence of an official, took prompt steps to recover his property. He seized a native from the offending tribe, and held him as hostage until his goods were returned, plus four pigs demanded as compensation. It was contended that Judge Wanliss took far too serious a view of Foege’s action.
Mr. Justice Starke said the sentence was essentially one for the discretion of Judge Wanliss, although the Court would express no opinion on whether the matter was one for the Executive Council.
Case Of Father Cranssen
The High Court was engaged on August 10 with an application for leave to appeal by Father Anthony Cranssen, a Roman Catholic missionary, who was sentenced by Judge Wanliss, New Guinea, on May
4 to five years’ imprisonment for coun selling certain persons to set fire to a dwelling house.
The incident occurred about the end of last year in “uncontrolled” country in the Ramu-Purari region. The missionary and his staff were threatened with attack by native teachers attached to another mission; and the missionary’s boys, in taking necessary protective action, burned down the huts of the mission teachers.
It was contended that the judge con sidered the case entirely on wrong lines; there had been no moral turpitude proved on the part of the prisoner; the sentence of five years was against all the prin ciples of punishment. The sentence was “an amazingly severe one.”
The Court reserved its decision.
Offence Against Native Girl
The High Court on August 11, in Syd ney, refused Henry Herbert Geoghegan, planter, of Old Massawa Plantation, Bain ings, leave to appeal against a judgment of the New Guinea Court sentencing him to two years and six months’ imprison ment for a serious offence against a native girl, aged about 14 years. The prisoner is in Long Bay Gaol, Sydney.
Mr. Justice Starke, the senior High Court Judge, in giving his decision, said that the evidence given against Geoghe gan clearly warranted the trial judge’s finding. Mr. Justice Dixon and Mr. Jus tice McTiernan concurred.
Niu, an indentured employee of the ac cused, it was stated, brought to Old Mas sawa two girls, Baimo and Taroa. The story of the girls was that they had been kidnapped by Niu, but Geoghegan, at his trial, said that Niu told him that one of the girls was his wife and the other his niece.
Mr. Clive Evatt, K.C. (for Geoghegan) submitted that had the trial taken place
before a jury the prisoner would have been acquitted, as the weight of evidence supported the defence of Geoghegan that that which had taken place between the prisoner and the girl Taroa was with her consent.
Charge Of Unlawful Killing
RABAUL, August 10.
Brother Lucidius Zimmer appeared be fore the Supreme Court to-day on a charge of having killed a native on Feb ruary 8, 1936. He pleaded not guilty.
The Crown Prosecutor (Mr. Woodhill) stated that the alleged offence occurred in the wild and mountainous Chimbu country, 7000 feet high, which was popu lated by warlike natives. During inter tribal fighting, some warriors desired to cross the Chimbu River over a mission bridge, the use of which was prohibited for fighting purposes. Many warriors obeyed the prohibition, but a disobedient one was shot dead by Brother Lucidius, he said.
Pastor G. Peacock, superintendent of S.D.A. missions in New Guinea, and Pastor W. N. Lock, S.D.A. superintendent in Papua, arrived in Sydney in mid-Aug ust by the Macdhui to attend a confer ence in Victoria.
Mr. R. B. Carpenter, a director of Messrs. W. R. Carpenter and Co. Ltd., arrived in Sydney from England, via the United States, by the Mariposa on August 10.
Dr. N. Crichlow, travelling medical officer in the Solomon Islands Administra tion, sailed from Sydney for Tulagi by the Malaita on August 8, after 10 months’ furlough. He has been in Group for 22 years.
The Fiji Ladies’ Hockey team which toured New Zealand during July and August. Standing: Mr J. Midson (selector) Miss Mrs. M.
Bentley. Miss M. Eastgate. Miss S. Molloy. Mrs. L. Lee. Miss J. Harman. Miss A. Eastgate, Miss L. Storck. Mr. A. H. Martin (selector and coach ).
Sitting: Miss M. Errey, Miss O. Foreman, Miss L. Sutherland (captain), Mrs Harvie (manageress), Mrs. M. Fenn (vice- captain), Miss E. Rattles, Miss F. Wilson. -Photo: Caine’s Studio, Suva.