Acquitted On Safe-breaking Charge

Chronicle (Levin), 30 April 1949, Page 5

Acquitted On Safe-breaking Charge

Press Association)

(Per

AUCKLAND, April 29. Two men jointlv charged with breakmg and entering the State Theatre in Symonds Street on August 13 and stealnig a safe valued at £40 and £61 in ■asli were found not guilty by a jury in- tlie Supreme Court before Alr. Justice Callan. Accused were Francis John Davnes and George Samuel Crow ' ther. They were also charged with "onverting two motor cars valued at £300 and £250 respectivelv 011 the same date. Emanna] tVilson, who was also cliarged with the two accused for the same offenees, pleaded guilty on Thursday and was remanded for sentenee. Suimiiing up, his Honour said the •ase depended entirely on the evidence of an accoinplice, Alrs. Edwina Keitha Griffin. There was no 'corboboration oi lier evidence regarding the iniplication of accused. Although it was to be regretted that the principle that an accused person was not to be -eonvicted if there was any reasonable doubt might mean the escape of the guilty, a convietion against someone who might after all be innocent was so mueh worse. Ilaving regard to what the principal witness had to admit about iier past life and the impression she gave in the witness box, her oath was not likely to be taken as reiiable. She lid not inspire the strong • confidence necessary to convict anybody. She had been quite deeply involved in the burglarv and was also an accomplice «in Ihe conversion of the motor cars. Even if her .evidence was accepted it would be unsafe to convict on the evidence ot an accomplice. Tlie natural instinet of persons of iow and weak character when inter- \ iewed by authority was to try to save their own skins, continued his Honour. It did not need much wisdom or intelligence for Alrs. Griffin to realise when questioned by the police about the crime that she herself was likely to be 111 a bad spot - of bother. She would jump to the conclusion that the police .could be suspicious of others and that they would be glad of a story that .vould enable them to get to the bottom oi' the crime. From the nature of the offence three men were not required. Ihe safe required two men to lift, but the conversion of cars needed only one. In that stratum of society whetu iffections between the sexes sprung up quickly and died quickly, enmities were iikely to be aroused which might lead someone low enough to be an accomplice in crime to introduce someone who had not been involved in it. His Honour' agrced that an acquittal in a serious; crime of this nature, the type which was unfortunately fairly prevalent in tlie country today, wouid be a bad thing, but in their eagerness to stamp, out crime the jury should not be misledj into the possibility of convicting aninnocent person. The jury returned a verdiet accord ingly.