MISCARRIAGE OF JUSTICE..

Auckland Star, Volume XXXVI, Issue 35, 10 February 1905, Page 5

MISCARRIAGE OF JUSTICE..

■ SINGULAR EKD OF A CASE. In a case at the Auckland Supreme Court this morning of alleged eattlesleuling against a young man named Wiiliam Winters at Aratapu, evidence was given by a youth named Percival Smith, who was undergoing two months' sentence in connection with the same affair. Mr J. C. Martin defended Winters. When Smith's evidence had reached a certain stage His Honor observed that the evidence might prove that the accused took the animals to another part of the district and thus committed ac impudent trespass, but it did not provt theft, and there would be no case to gc to the jury unless something more were proved. After legal argument among judge and counsel, His Honor instructed the jury to find a verdict of "Not guilty." The jury complied. Mr Martin said he had been prepared to call reliable witnesses to prove thai not even the alleged trespass took place. His Honor asked how long the Lid Smith had been sentenced for, and was informed that he was sentenced by justices for two months, and had thre< weeks more to serve. His Honor said he was of opinion that it was a case in which the boy ought not to have been eonvict3d, and probably he ought to be released. No definite order, however, was made, but it is probable that the boy's release will be arranged. „