SMITH ACQUITTED

Hawke's Bay Herald-Tribune, Issue 22, 10 February 1937, Page 6

SMITH ACQUITTED

Charge of Theft of Rugs and Cloihing Fails ECHO OF QUAKE PERIOD A verdict of not guilty after 30 minntes' deliberation was returned in the Supreme Court at Napier this morning by the jury empanelled to decide the case of Thomas Smith, a labourer, of Napier, who was charged with stealing three rugs and a quantity of clothing and other articles valued at £13, the property of David Avery Cormack. The Crown alleged that the artieles were taken from Cormack's tent on Nelson Park, Napier, Jin Septem&er, 1932, when the community was still in disorder following the earthquake diBaster. Mr H. B. Lusk conducted the case for the Grown. Smith, who pleaded not guilty, was represented by Mr C. G. Harker. The following jury was empanelled. — Messrs F. J. Annan (foreman), J. Archer, H. G. Etheridge, C. E. Wrighton, G. O. Bartlett, J. G. Ewan, E. H. Bomface, J. Walsh, R. Cox, G. Hansen, S. G, Thornton, R. H. Wilson. Outlining the facte of the Grown's case, Mr Lusk said that on Sep'tember 29, 1932, the results of the earthquake were still in evidence, and a number of Napier residents, including a Mr and Mrs Cormack, were living under canvas. At a recent date some articles, including the rugs, haff been found at the accused's house and identified as the property of Mr and Mrs Cormack. Moreover, it eould be established that th« articles had been in Mr and Mrs Cormack's tent on Nelson Park on September 29, 1932, when it was ransacked. Mr Lusk then called witnesses whose evidence was along the lines of that given at the lower Court hearing. Mr Harker, who called no witnesses for the defence, submitted that, after a lapse of four .years from the time Cormack's rugs were missing until the time some rugs were found in Smith 's possession, the Crown had not definitely efctablished that the rugs in question in fact rightly belonged to Cormack. Nor had it been proved that Smith came dishonestly by the rugs' and other articles found in his possession. Moreover, Smith had been confined to his home with an injury at the time of the alleged theft, and therefore could not have broken into Cormack's tent.