ACQUITTED

Dominion, Volume 3, Issue 903, 24 August 1910, Page 6

ACQUITTED

THEiBROtHERS:TIERV SET; FREE. • : :|THE "LEADERS CASE. AN ALIBI.SET; UP AS DEFENCE, '■■■.■Mr./Justice Chapman.and a jury were again /'occupied '. yesterday -in . tho - hearing'of'the; charges against .Francis' Edwin Tier and Micbael';Tier in connection ■with /the .disappearance of the. .£SOO Leader 'picture from,' the- local art galileiy, and the, attempts, which were made to./dbtain money from Mr. H..-S. Wardell.' for. returning it;..' There - was a crowded attendance' of' the public id. the Court-room. .', Mr. /H..H; .Ostler, of the Crown LaV ■ Office,: prosecuted, .and Mr., W*. J. Cracroft, Wilson'defended., ■

' The case for the Crown had just closed when vthe Court rose on the previous

evening.' '.;•.■' ■'.'.'.; ■■ .The defence, which occupied about three .hours'.yesterday, was mainly an attempt to prove.an alibi, and "the evidence was concerned '.chiefly with; the whereabouts 'and doings:of .the two accused' on the evenings of May; .20 and May 26.,. The first' of. these dates was.: that, on'which it they bad met with the boys • whose', evidence, connected them both with .the correspondence about the.pic'ture..;. The . other.' date was that of the arrest;; of Francis Tier, near Mr. Wardell's/residence just after the return.of. the; picture. . . ./.

■■■■'.';• /Francis Tier in .the : Box. f. 'SYancis Edwin Tier, ;ohe/of the ' accused,- went into the witness-box. 'He - described himself as a labourer,; and said/ :.- he/'had been working ..for.the Harbour. . YBoard'-for seven years. -.He well remem-' y.' bered/May 20 last. ,It was a holiday, on ~ account,of the. services. ■."'-. They we're' then living; iii Murphy Street . —himself, three, brothers,' "and a sister.'' .He'was'in. bed with .a. touch, of neural-; -.- pa, and was indoors .'all .day. Michael 'was there, and their sister and theirbro-- .'"■■. ther Bernard'.:. He'„'thought their.brother ' Martin,'was/, also .'there/' -A- man called ■ ■ Jacksoni who.'worked on' the - wharf, call-, '- ed between/.7.311' and •'(!,'.., and" came into ■: -witness's'roohi.'.,Miehael.3vas,,'.in .the '. "bouse"that ■''.'evening;'''He'jcould not. say whether' Michael went out between 7 and 9,- but did not.think, so'. -Michael was , : ' '.not "dressed for going; out. : On May 2G, ■the, day of his arrest,'.witness was. not .working.' He went' down town•-. in tho morning, returned:home at '11 a.m.. and ..sstayed there'-until '7.30, - when, ho went ■ .out:with'Bernard.,, They walked up Vidian Street and had a, drink.'-They-'mei'. a man named lecomte. in Cuba Street ■ and stayed 'talking- a fe\v minutes and', :': 3iad another drink. /Bernard'walked as -far as St. Peter's •.- Church',' '..and there.. . 'witness left him.'and went up Ghuznee ■ Street aiid Mount' Street 'and/as .-far as; ithe Gardens."/' Hewwars r bound ; for ;Mow-;, 'bray ; Street to see/'a friend, .and/ was • going a 'long' way 'found for/the walk. /He -wanted to see a man' named :M'Cul T • ;>loch.' ,:; ' : <''.v...'' ''~-"''■/••■ "'.'/:'.''"■ -'': '.':''/ : V/ Outside Mr.;WardeU's House.' ■•/ ; ■/■ Whcn, :; he-':wasV,passirig.Mr./.Waidellvj . House, a man .rushed, past'him. ..Witness) "waited a while,, and,a, man came out ,of. the gate,arid walked round, him, lookr. ,-ing.' .at •' ; away. This •■■'was- .Burr'.-/-Witnesswalked •'along, .'following : -,.'. Burr, : : :,':and.l; 'oyer--7-' took him /in ,'Bolton; Street;:." Detectives Lewis-and; ■ Andrews'-.arid .a lady, were, 'walking-'down Bolton Street 'near/themv '" Burr "stopped, ' and,- witness went\ ,past ■ him ■ aiid.the, two detectives then arrested .-him. ' ; ,They "rim the 'rule-over him in ■::tbe -street'to .see if'he/hud- a gun, and -•then •' they- took 'him to the .-police- station, him ' into .the detectives ' : Toom,'imnd questioned" him....They tlie.n "left'-.him.'and the"..detectives asked him questions..":-, He' was left there about two. - and ; a ' half - hours,'. and -went -to sleep -Detective Lewis woke him up, and asked : 'him "to give ■an:-eiplnnation -about' two '-parcels' they had' there. : ' Witness replied •'that'he/knew nothing, whatever about /.them. ■■■'.' They .then 'charged, him,, and pc- ■■ -.'tective. Andrews -took .his finger-prints, : 'arid causedvhim to partly fill, in a form, /.apparently, to" getta ."specimen. of his //handwriting.. ■//-,/;;/;.'-/ :v-/ /^-'

:5;S{V' ? -:-: "Never;'Spoke'to 'Burr.^- ; /';:; : i ! : by:Mr. : Ostler.'.'witness .•':'■;''said .be: had, only be en, ;iri ; trouble .twice ■V'KTjefbre;;once 'for 'drunkenness'.and once -.-',:- ;foT obscene language.,■'. His . .brothers, ; r r Michael' and ; Bernard,"and'his.sister, all '■ : -saw him in bed ,on the evening ; of May ' '■' '20. it-His brother Martin was "in a bit i vi.''orbbuhle"-!at!'tno.tiihe,;iforibMiAing.nnd' '~: V 'entering.'..-'"'.V'■"■'':..'■•':.".'• ■'■.'.'■'■'■'■•'' y,-. :,<:, • ' Did- not the: police find, a lot 'of stolen ;V\,'.;'; property ■•■ in your,'house :'--"l . didn't, V : - -know, anythin!:\abont it." .' ■ • _' ; •^.,,:,VWhat/'is' Jackson::by, trade is .'v,; sometimes, 'a'. bookmaker. He is ■a, ,la>;V,'bourer."'. V-".' : ' " v - ; ■ " :! .'■- :'''' Wliy didn't, you tell this, story to the .'•' -'I Magistrate.?—"We .reserved our ; defence :---'; ior the' HigTier Court.":: ■ •'■■'..''."'' "■■■'>'■' ~'■ ■"■ ■:;■'-. '■ "But if you bad proved this-to the Mag- ::': Vistrate,' perhaps you' would never, have ",.'.. ■ . here'?—"We 'acted ■ according to' out *:' ; i.-lawyer's advice.":■:','■''.-.■.,•; ■'■'■■' ':. '-,'•'', '~''.,;{:'You:did not meet -Burr at St.. \ndre« ;! ■'■ : .' ■'■■ Church,'with : \two, parcels?—" No." ' -->j -''When you. overtook .'-Burr,; why did .you ':':'v6peak to did;riot."■'-:.. ,-., V, '.' : : ,i';j..',,-But ; he, says you^did.—"He spoke.-to ■--me,'and'said.' Surry up;'' or 'Come on.' ..:,' I:didn't ; speak to him; and 'I never',h'aye vV'epoken .fq, : 'him'."-..',-' '.; ';'■;' ' ;,' .

•';• <'j:yJ' '-/'Michael Tier's Evidence.- ;- :; : "" The" : other '.accused,' Michael Tier, • was - also-"put into'the witness-box. He de- - scribed himself. as .'a labourer working -.'. •'.',', for- the ;Harbonr Board. :' Qn Thursday, • : -May. 20, lie'wcnt out to see about a house. - 'be, wanted to take'--" in, Gliuznee Street;. - ■ but- he'"''did not go out after tea that iV night..' His brother Eddy (Francis) was ■-•'-■ -'-In-'.bed 'all■ day with .neuralgia,- and. all; '-•'the-.evening.'- Witness', spent the even-, :-ing' .packing' ■-. glassware; ..pictures, " : -trunks... Jackson called between 7.20 and "■') 7.30, and-stayed a couple of hours.. On -l-. ( ,May''2G,,: witness knocked, off work; at' 3 "'•o'clock,-went homeland did. not go but again. One of the two boys who iden- '.-'-:' tified witness at the police station only. .' looked at witness'and his brother. Therewere.' six 'nien standing together.,. At -./'different times nine-boys and a hian were • * brought' 'to identify';him.;- ; ..' ' / ;,-.;". : '; .',; Some/Fresh Incidents',: '-~' In- cross-examination, Mr. Ostler ;pro- :;. duced'a'gold: watch which witness recog- ,.■;■'■ nised as one that-had been in the po's■i session of his sister,- arid asked whether : -, ; the detectives hud told witness.that the -1,, watch.'.had been .stolen: frum, someone in ,-'' an assault arid robbery.■'.-.'-.'■ ,-• ..,-. ■' .' ; 'Witness':' No. :.' ... '.-You swear* it?—" Yes, :I do;' " v . "His Honour: Did you hear . the. ques- ■' tion-of the watch discussed iu the house? '—"Yes," Detective , Andrews ..asked -./mo -about it, arid: I said it, was. my sister's", . And was that all?—" Yes, that was all." • •'".'.. Had yoii.' seen' it before?—" Yes." '■■ Witness also admitted being stopped in l street about 4.30 one morning, by ,de:tectivcs. It was' more.,than-three months ago.' The detectives searched him.. What were: you doing our. .-at such a: time?—"l was doing nothing.". - Witness, thought he ..was .pointed ..out .-to the two boys at the police station by : ~the detectives. '■'~"'To. his Honour: Martin" Tier' "was in -. - gaol on May 20 and. also on May 2ti. Picking Up a Gold Watch. .-'Mary'Tier', sister of the two accused, '■'.-'gave.'.-corroborative .evidence as to the ■".' whereabouts, of both accused on May 20 '. arid 20...., .'.',-■ Cross-examined: The gold watch (pro-'-•'•'duced}'was picked up'by her on Thorn--.don':Quay. The detectives said nothing ~ about, tho alleged, robbery in conneclion ' with-the watch until their second visit. ■ . His Honour: Had.you reported to tho •police thatyou had;found'a gold watch? '■—"N6." '.'', '":'■'',''"' '■'-. Talking It. Over. Heriiy : Jaiksbn, 'labourer, who owned /to "doing a bit of bookiiiaking" :.among his friends, gave evidence confirming that of the Tiers as to his visit to their house m the', evening/of May. 20. Nobody .-■ lei t SSie house While he- was there., Cross-examined: He left his' homo at Qfiount View at 7 o'clock on the'.night ,ef. May. 20, and . went straight, to the I'iers by tram. ; Michael Tier,joined in the" general conversation. He was :working, but was "not losing much sweat." The Tiers had since asked him to see

.thciu, and ho'went, to their house. Tho i last tiuie"he was' there 'was:lust. Sunday uigbt. ° '

1 suppose you rehearsed this story?— "We talked it over. Naturally wo would .do.". ■ •- • ■■• :.-...■ ' '

; His Honour-. Was that the first time you talked it over?—"No, it was not.. I knew'before that that I wni> to conm here."

When did' you know?—" About a fortnight or three, weeks after Stay 20."

Did you -bilk it over, then?—'"Not exactly. They asked rno if I remembered' the .circumstances, and I said b did " Have you been questioned by the police about, this case?—" No. T.iiey have never' spoken to'me'about it." Bernard Tier, wharf .labourer, brother of'the accused, and' David Lecomte, City Corporation labourer, also gave evidence.' _■ Daniel Gleunie, labour foreman for the Harbour Board, and Charles Stewart, a member' of the 'firm of .Ballingoi Brothers, testified as to the previous character, of the two accused. this closed (ho evidence for tlic defence, and counsel then addressed the ■jury.': .: ':.. " • ,--/.; •

The Judge'.Sums Up. •' His Honour, in his summing-up, dwelt at. some, length on the question of the identification of the accused. The jury must ask. 'themselves,-'.whether , the .boys who had given evidence had made it as clear, to them as it undoubtedly was to themselves- that 'the man ; who. intercepted .them on their errand with the letter and showed a knowledge of.. the transaction was Francis. Tier..; Burr's story suggested that' tWo men were playing some game on the night of May 2li, but; Burr did not identify the one who first spoke to'him, and that seemed to suggest that there were several in it. If Francis Tier •was the man who gave Burr tho roll— and tho. man Burr identified as Francis Tier was. seen and spoken to by hiiu three' times that evening—then it was clear that Francis Tier, had possession of the picture, and that : would be sufficient -to .convict : him,. independently of the evidence of the boys. In regard its Michael Tier, his Honour drew attention to the .'evidence that ho was first identified spontaneously by two of the boys/That was identification in a. more convincing form than, the.'picking out of a man from .'among others' when, asked to do-iso'.- In, regard-to the defence that had been sot up, when nil alibi was tni'fi..tiud. genuine it. wiis"to th'e'''iiitere'st''of ffieaccused tu bring it'forward .at the earliest passible time, while the circumstances were fresh in the-memories of ' witnesses, but that had/not been- done'in' the 'present case. ■There:'wereialso'.the-.facts that the alibi restediargely.on'faniily evidence,' and that the .value,'of Jackson's testimony' rested very much upon -accuracy as to time. Tho case was'eminently one for a: jury, and it .was for the. jury to determine tho relative values of the evidence.

',' ; Verdict of Acquittal. : The jury then retired:. After an absence of an .hour and forty minutes they, returned, nnd'the foreman stated that they were unanimously of opinion that the evidence was not sufficiently conclusive for.conviction.,: They therefore found both accused "not giulty / -. '^ , ; The. prisoners' accordingly were discharged; / ;•■... ; . : i :;