SUPREME COURT

Dominion, Volume 14, Issue 266, 4 August 1921, Page 7

SUPREME COURT

JURY DISAGREES IM THEFT CASE A RETRIAL ORDERED Tho criminal sessions of tho Supreme Court were continued yesterday. Ilia Honour Mr. Justice Heed being on the bench. Mr. p. S. K. Mocassey appeared for the Crown. Further evidence was heard in the case of -Hendry Hearns, charged with the theft of butter valued at £5,. and. in the alternative, with havinpr received the butter. Mr. A. B. Sievwrijflit appeared for the accused, who pleaded not guilty. Evidence was adduced on the lines or that given in the Court below. Counsel for tho accused explained incriminating statements made by Mcarne to the police on his arrest as being “wanderings of a man in a stato of helpless intoxica* tion.” Summing up, tho Judge said that the Crown’s case relied upon the presence or groat quantities of butter in tho house in which tho accused resided; ana on the statement of the accused s lauoiaay, Miss M'Morrin. It was admitted that the accused had had every opportunity of receiving stolen butter. As to his mental state, drunkenness might have matte Hearns incapable of appreciating wnat was said to him by the notice. The jury retired at 11.25 a.m., and returned after an absence of 4 hours w minutes. Tho foreman announced that they had been unable to agree. aiib Honour ordered a new trial. THEFT ALLEGED. A charge of stealing £ll5 10s. front the Labour Department was pref err William Little (Messrs. O. A. h. Treadwell and J. 8. Hannah). Thefts were alleged to have been committed o“ d l' or <? dates, between March 19. 1921. and April 50 1921. Accused pleaded not guilty. Tho Crown Prosecutor said tact tne prisoner had been employed by Jh° Labour Department from March 25, 1920. until April to. 1921. Hie duties were to collect the factory registration fees. He had collected the sum of *359 Is. bs fees, and had paid In the sum of £143 Ils., tn* deficiency being £ll5 10s. At the end of eleven months Little tendered his tlon, intimating that he intended to work for the Railway Department at Hastings, and it was after he loft and when the books were being examined to W' eminent auditor that the deficicn y dl Ev°idmce on the lines given in the Magistrate’s Court < wl L ere Tr u l i?i n nournii before Mr. F. K- Hund ns an K 1 '*’** Leonard Harper Edwards, an audit have resulted in a shortage in the lacduty of “he cierk to pay money into tho Consolidated Fund daily. nr 1 soiier svaii given by lyoiu. v _ Accused suggested that he 6omo resumed^thi 3 morning at 10 o’clock.