LAW REPORTS.

Dominion, Volume 6, Issue 1670, 10 February 1913, Page 3

LAW REPORTS.

SUPREME COURT. ■(Before His Honour Mr. Justice Chapman.) CITY BURGLARY. TWO YOUTHS CONVICTED. Tho criminal sessions of tho Supremo Court were continued before Mr.' Justice Chapman on Saturday morning; Mr. P. S. K. Macassey, of tho Crown Law Office," represented the Crown. When tho Court resumed, the trial was continued, in which three youths, Walter Krauseh, alias Olsen, aged 21, William Henry Eades, aged 17, Seddon Reid, aged 18, and James O'Neill, aged 20, wero charged with having (on the night of Sunday, December 8) broken and entered into the shop of Yce, Waugh. and Co. and stolen the sum of iC6S iu money and 25 packets of cigarettes, valued at ]2s. 6d. Mr. G. Samuel appeared for Krauseh, whilo' Mr. V. E. Meredith took up the defence, cf Eades and Heid. It appeared from the proceedings that, after, tho burglary was reported, DetectiveSergeant Cassells and Detective.Mason macto inquiries, and, as a result, Detective Hammond arrested Krauseh in Auckland. Krauseh was, at that time, in the company of one Spindler, and he admitted that Spindler was ipaying his passage and taking him over to Sydney. They were to have sailed on the Malieno on December 16. Finger-prints found on a tin, in which money. wa3 kept in the premises of Yeej Waugh. and Co., corresponded with the finger-prints of Krauseh. Eades and Heid made statements to the police in connection with tho matter, in. which they stated -that they and Krauseh and O'Neill (who had pleaded guilty) had been responsible ; for the' burglary. The statements credited Krauseh with taking the active and leading part in tho burglary, and securing the greatest snare of the proceeds. On Saturday Mr. Meredith objected to these statements being admitted as evidence, on tho ground that when they were taken both Eades and Reid were, to all intents and purposes undor arrest, and neither was cautioned before making his statement. ''

After hearing argument, his Honour considered • that the statements were' admissible. It did not appear as if they had been mado under • promise of favour; of fear of threat, or under any condition that would tend to make either of the .accused make a false statement. It would be for the jury to decide as to the value of the evidence. ' ~

' Neither Mr. Samuel ■ nor .'Mr. Meredith' called evidence.in defence..' Mr. Samuel, in addressing the jury, pointed .out that the statements made by Eades and Reid were not'evidence against Krauseh, and that practically'the only evidence against the latter was finger-print evidence. Counsel criticised.the. value of this evidence, and proposed to read a newspaper cutting bearing on the Fitzroy murder. Mr. Macassey objected. His Honour considered that the reading of any such cutting was objectionable. The case had not been tried yet.' Counsel might draw any hypothetical case ho liked. ■ i Mr. Samuel did not press this matter further,..but later he read the judgmqnt in a special case where the Chief Justice of Victoria.had refused:to' accept fingerprint evidence as sufficient to convict. x Mr: Macassey: I don't know whether my/friend knows that the Pull Court overruled that decision. :' • Mr. Samuel maintained that in any case the opinion of such an authority was entitled to. respect. ' ~ , His Honour: "I know that the learned KChiof Justice' of.'i New Zealand entirely disapproves of th'at, .and;l;ittyself disapI'provo of-it." His Honour added:that ho ■wouldjJiave something to 'say -on the matter, af/a.later stage.' , ! After' Mr.' Samuol had,_,concluded his address, Mr. Meredith put it to tho jury that they should not,-accept .the statemens of Reid a'hd-:Eades.':. ! 'Ho.submitted that the circumstances under.which tho statements were'taken'we're .such'as might possibly lead to incorrect statements being made. To ladsiof the age'of'his clients, the interior-of a prison or a police station would have the'effect of. bringing about a'u abnormal mental state. Counsel suggested that, the jury should hesitate before bringing in -a verdict against his clients. Ho mado it clear, however, that he did not impute any improper proceduro on tho part of the officers nandling' tho case. i ' ■

His Honour, in the course of his summing up, .explained to the jury the value of finger-print evidence, and in what instances it: was-useful. • He ' considered it was idle to talk of such evidence as being of no value. ' The jury. retired about 12.40 p.m., and returned to'court at ono o'clock. A verdict of guilty was returned in the case of Krauseh and Eeid, but Eades was found net guilty.and discharged. Passing of sentence . on Krauseh and Eeidiwas; deferred until this morning, when the youth O'Neill will also appear. ; ■ ..ATiIDER., , , The jury, in bringing in the verdict in the case, added a rider to the effect that statements, taken by the polico when dealing with suspects, should be taken in tho presence of a Justice of the Peace or a relative of the suspected person, and duly signed at the time. The recommendation was 'made' with the ob-. ject of preventing any suspicion of. unfairness attaching to the police methods. His Honour promised to ' refer the matter to the proper quarter. Mr. Meredith apadn declared that he found no fault with the particular polico officers concerned. His remarks during the case were directed at the practice, which ho understood .was a general one.