NOT GUILTY VERDICT

Hawke's Bay Herald-Tribune, Issue 104, 19 May 1937, Page 6

NOT GUILTY VERDICT

Judge Directs Jury Not To Convict CHARGE AGAINST WINDLE A verdict of not guilty was returned bv the jury in the Supreme Court at Napier yesterday in the case in which John Windle wa3 charged with breaking and entering with intent to commit a crime, The accused, wha was defended by Mr C. G. B. Harker, had pleaded not guilty. The Chief Justice, Sir Miehael Myers, presided. The following jury was empannelied: Messrs F. McKinnon, A. A. Hastings (foreman) 1. H. Alexander. F. Smith, H. C. Casler, T. M. Higgius, G. P. Falby, T. Griffin, C. J. Watson, J. H. Commons, R. Gollop and J. Jones. The case for the Crown depended 'argely upon the evidence of tWo small girls who described a man they saw leaving a house owned by Mr H. J Viott, but the defence called evidence to show that the accused could not have entered the house at the time alleged. The Chief Justice directed he jury not to convict, and the jury announced its verdict without retiring. Grace Mott said she left home about L.40 p.m., locking all the doors before she went. A key was left out of sight on a ledge. She returned home about 5.20 p.m and found a bedroom window open. Little was disturbed inside. A ' bicycle produced was identified as similar' to the one witness saw against a tree. Jean Mott, the 10-year-old daughter of the previous witness, said she returned home from school on the day ih question with a friend. She -.saw a bicycle • iwith.. an . old .. coat thrown . over it .outside the house, and identified a bicycle . produced as the one. Witness tried to open the kitchen door but was unable to turn the handle. Her friend then tried the door, but someone jerked it, and both rau away down the road. They -. hid and watched untjl a man ■ came ahd rode away on- a bicycle. She noticed his colthes and identified exhibits produced in Court. She saw the same man the next day working on the road oUtside and also saw his bicycle. She pointed him out to Constable Smith. * , . ' Zela Unwin, a small r girl friend of the previous witness, corroborated. Herbert James Mo t gave evidence on similar. lines to W. c in the Lower Uourt on Friday" last. He found when he arrived "home that the key had been removed from the' ledge and afterwards replaced. w Ihaka Whanga, a fellow employee of the accused, said he met Windle and gave him" a ri'de in his car to where the bicycle had been left. Constable J. Smith detailed' the arrest of the accused after he had been identified by the two children. Accused had denied ali knowledge of -the nffair and maintained there had been & mistake. He.had a good job, he said, and had no veason. to steal. This closed the' case for the Crown. Edward William Clementj a registered surveyor, submitted a plan of the locaiity of the alleged offence and by tests showed the impossibility of recognising the gates of other houses from the spot where the children had hidden. •

The accused was then placed in the witness-box. 'He said he was working in the street where the Mott# lived on the date of the alleged offence. Ha ceased" work at 4.15 p.m. as the siren sounded and^rode in Whanga' s car to where his bicycle was. He got his bicycle and 'rode home without stealing or entering' any houses. Qn arrival ' home he" placed his bicycle against the back of the house and went inside, had afternoon tea aud then Went' into the yard, where he saw his ' next-door neighbour, Mr Morton, and talked to him.' Accused's wife also joined' them, and some time later the 4.30' traiu went past: Witness admitted that the evidence given by the gii'ls con'cerning the bicycle and his clothes was' correct, but he had never entered the ' house or crossed the footpath." Frederick Sims, a fellow employee of . the accused, Henry .Morton, -a. nextdoor neighbour, and accused's wifo corroborated, and Charles Ormond Morsp ' Napier, and William A. Chambers J.P. Waipukurau, were called as character wituesses.