SUPREME COURT

Dominion, Volume 13, Issue 112, 5 February 1920, Page 6

SUPREME COURT

"NOT GUILTY" CROWN FAILS IN TWO CASES The criminal cessions of the Supremo Court were continued yesterday. His Honour Mr. Justice Stringer was on the Bench. George Newman, alias George Neville, was placed in the dock to answer a charge tliiit between August 14 and October IG, 1919, he stole two revolvers and a revolver-ease, tho property of Douglas Bostock Mackerscy. The prisoner pleaded not guilty. Mr. P. S. K. Macaseoy appeared for the Crown, and Mr. L. L. E. Edwards for the prisoner. Mr. Frederick Mason was foreman of the jury Mr. briefly outlined the c-aso and then called evidence. Douglas Bo9toek Mackursey, the complainant, said that lie was a returned soldier, and in May last hi leased bis house, No. 98 Evans liny lioad, to accused. In October, witness found that two revolvers were missing from n trunk, which was roped up in the same way as lie had left it. Witness was certain that lie had placed the revolvers in the trunk and not left them lying about. Hilda Mary Mackersey, wife of the las witness, gavo corroborative evidence. £h< said that before the house was leased t< accused her husband oiled the revolvers and she placed them in the tin trunk. Detective Carney said that oh November 21 lie interviewed accused, who stated that he found the two levolvers among some straw in the slied at the rear of complainant's house. He denied havinj takeii the revolvers out of the trunk._ Mr. Edwards, after briefly addressinj tho jury, proceeded to call evidence. The jury, after a retirement of n quarter of an hour, returned a verdict of not guilty. ALLEGED THEFT BY HAWKERS. Two hawkers named Ernest Miles nnd John Millanta. were yesterday afternoon before His Honour Mr. Justice Edwards, charged with the theft, on September 22, of 30 sanitary pans, valued at £9, (he property of tho Pctono Borough Council. Mr. P. S. If. Macassey appeared for the" Crown and Mr. 11. P. O'Leary for tho accused Miles. The other accused was not represented by counsel. Mr. Evan Jones was foreman of the jury. Mr. Macassey stated that the Pctone Borough Council had a depot on tho sandhills where there was a galvanised iron shed in which a number of sanitary pans were kept. On the dato in question the two accused had gone to ipntono and were seen near the depot with a horse and cart. They were later seen driving away with a number of pans which they subsequently sold. When the police interviewed accused, Millianta said that they purchased the pans from a man employed by the Borough Council. When the two men were brought before Swaysland, the man in chargo of the depot, they were unable to identify him as tho innn who gold them the pans. Evidence was called to support the ossi; as Mr. Macassey had stated it. Detective-Sergeant Mason was one of the witnesses called. He said that Millanta made a statement in the presence of Miles, and they both signed the statement. In this statement they said that they purchased the pans from a fair man about 40 years of age. They met this man at ketone, and ho wanted ,to know if they could do with some condemned sanitary pans. They agreed to the purchase and went to the depot. They thought the man had the right to sell the pans. They did not know the man. but they were certain thAt ho was employed by the Pctone Borough Council. The two accused were unable to identify iuiy of the employees of the council as the man who sold the pans to them. To Mr. O'Leary: Witness knew that the two accused went to Petone on thiro or four occasions to endeavour to identify the man. They were unable to identify Swaysland. Witness examined I the depot and was of opinion that any. one could get into the shed. This closed tho case for the Crown. Ernest Miles, one of tho accused, in giving evidence, said that he was a dealer and went round buying stuff with Millanta, who had a horse and cart. In September they were nt Petone, and met a man outsido tho Victoria Hotel who offered to sell them condemned tary pans. They wore told to drive to tho depot, and ho would pick them lip there. They drove to the depot, and after about 10 minutes the man came along* and entered tho depot by remov> ing a sheet of iron. They got about 36 pans, for which 375. Od. was ijaid. Tl'"y brought the pans into town quite opwff - , hroko them up the next day, and sold the scrap iron to Hildreth and the zinc to tho I\'ia Ora Galvanising Co. Witness declared that lie bad made several efforts to locato the man who sold them tho pans. They came by tho goods quite honestly. 1 To Mr. Macassey: Swaysland was not the man who sold them the pans. They did not ask the man's name; Millanta did tho dealing and witness was alongside. Millanta did not formally give evidence, but mado a staleinc-nt corroborating the evidence given by Miles. The jury retired at i ii.ni. to consider its verdict, and ten minutes later pronounced tho two men not guilty. A NEW PLYMOUTH CASE By TelesraphM'ress ARabclation. New Plymouth, February i. In tho Supreme Court to-day, before His Honour Mr. Justice Sim, the jury returned ii verdict for plaintiff in tho retrial of the claim made by Ingram Colson, fanner, of Fitzroy, against Ebenezer Wooldridge, garage proprietor, of New Plymouth, for damages caused through negligent driving of defendant's car by Leo Walsh. Seven hundred and fifty pound's wns awarded, with costs. Each side-was ordered to pay its own costs in respect of tho first trial. FOUR YEARS' HARD LABOUR By T»leerarh-Prcßß Association. Auckland, February 4. At the Supreme Court sessions John Edwin liobinson, for indecent assault in a little girl, was sentenced lo four „ ears' hard labour.