SUPREME COURT

Dominion, Volume 12, Issue 197, 15 May 1919, Page 3

SUPREME COURT

» ALLEGED THEFT A REMARKABLE VERDICT His Honour the Chief Justice (Sir Robert Stout) presided at tho Supreme Court yesterday, and dealt with the criminal cases. Arthur James Ford and Thomas Evans, employed as nightwatchmen at the Defence Stores, Buckle Street, were charged with tho theit of nine quilts, two ranvas bags, one overcoat, 87j yards of damask. 97 pairs of socks, and nine towels, of the total value of £ib 19s. 2d. Mr. P. S. K. Macassey, of tho Crown Law Office, appeared for the Crown, and Mr. H. F. O'Leary for Evans. Mr. W. Appleton was foreman of the jury. When asked to plead Evans pleaded not guilty, but Ford pleaded guilty to the theft of quilts and sheets and other articles, which were found in a ( bag ho was carrying when arrested by Constable T. M'Coll. Ford was remanded to Saturday for sentence. Jjf'r. Macassey, in opening, stated that I the accused Evans and Ford were employed as nightmatchmen at the Defence i Stores, Bucklo Street, and were on duty on January 18-1!) (Saturday night and Sunday morning). It was ulleged that after tho articles were taken out or the store, Evans went away first, taking something with him, and when he came back to the store Ford went away taking with him a bag which contained certain articles. Ford was accosted by Constable T. M'Coll, of the Mount Cook Station at 1.40 a.m. on Sunday, January 19, and was asked what he had in the canvas bag. Ford replied that he was shifting, and that tho bag contained clothes. When tho bag was examined it was found to contain tho stolen goods. A search was subsequently made of the house occupied by Evans, and six towels that had not been in use wore found, and these were similar to the material in store. Major T. M'Crystall, officer in charge of the Ordnance and Equipment Stores, gave evidence as to tho locking-.of the stores, in their respective cupboards. There were two sets of keys kept in different cupboards On January 18 the keys from the outer cupboard were taken and certain locks opened; the duplicate keys woro taken, and the stores opened. After the keys had been finished, with they wero returned to the cupboards, but some of them were put into the wrong Among the witnesses examined for the prosecution was Arthur James Ford, the other accused, who Baid he was arrested by Constable M'Coll, and remained in the station until Monday morning. With respect to the events of tho night of the theft, he remembered that Evans asked him for some socks. He intended to get an old pair, but could not get into the store. Evans secured the keys, mid the key of the door leading to the main store was given to witness. Witness said ho was very much under the influence of liquor, and did not know much about what aotually happened. Apparently tho goods exhibited in Court had Ijeen taken by him into tho yard. Evans then cleared out with some of the goods, among which was a roll of damask cloth, saying bo would bo back in half an hour. When Evans returned witness went away with tho canvas bag containing the stolen goods,, and was arrested. This closed tho case for tho prosecution. ' Mr. O'Leary said that the evidonco given'by Ford was new to him,.and he asked for a short adjournment to enablo him to discuss tho position with his client The adjournment was granted. On resuming at-2 p.m., Mr 0 Leary said that after the evidence given by Ford ho did not intend to call any witnesses. Mr. O'Leary did not address the jury, and Mr. Macassey also refrained from doing so. The jury returned after half an hour and asked His Honour whether an accomplice in a case of theft could bo held guilty. ' His Honour replied in the affirmative The jurv returned for consultation, and after another hour reappeared and returned a Terdict of not guilty. His Honour: Did you understand the charge I gave you 1 ? The foreman: Yes, <ur. .... . His Honour then road a section of the Crimes Act, pointing out that a person who aided or abetted a crime was guilty of that crime. "Do vou understand that, and do yon find the man not guilty?" The foreman: Yes, sir. _ His Honoui;: I can only say it is the most extraordinary case I have ever had in my life, and I have been twenty years on the Bench. ',