JURY'S VERDICT.

Dominion, Volume 6, Issue 1581, 26 October 1912, Page 14

JURY'S VERDICT.

(Beforo Court of Appeal.) THE OPINION OF THE BENCH. GISBOENE CRIME TRIAL. Judgment wns delivered by tho Court of Appoal yesterday morning in a special caso reserved by Mr. Justice Chapman in connection with the finding of tho jury in a criminal trial at Gisborne Inst month. On the Bench yesterday were the Chief Justice (Sir Robert Stout), Mr. Justice- Denmston, Mr. Justice Edwards, and Mr. Justice Chapman. It appeared that at the Supreme Court at Gisborne Francis Hiil Creamer was arraigned upon a cbargo that Dn or about August i, 1912 (1) ho did steal a sum of money from one William Burgess; (2) he did steal a cheque drawn for il2 10s., the property of William Burgess; (3) he did receive and have a sum of money well knowing the snmo to have been dishonestly obtained; (4) he did receive and have a cheque drawn for £12 10s., well knowing the same to have been dishonest ly obtained. Accused, for whom Mr. L. T. Burnard appeared, pleaded not guilty, The jury returned a verdict of not guilty on the first and third counts, and an inconclusive verdict on tho second count. They could not agreo on the fourth count. His Honour said he would take tho findings of the jury and order accused to lie re-tried at the nest sittings of tho Supreme Court. He, however, thought it was necessary to got the decision of the Court of Appeal as to the effect of the verdict, and as to whether it was necessary to proceed with the second and fourth counts. Accused was allowed bail in two sureties of <ESO or one in £100.

When the point came to be argued on Thursday, Mr. T. Neave appeared for the accused,"while Mr. H. H. Ostler, of tli6 Crown Law Office, appeared for the Crown.

Yesterday their Honours were unanimous, iu the opinion that the case must go back to the jury on the second and fourth counts. A new trial was accordingly ordered for the next criminal sittings at Gisborne,