STOLEN SAFE

Hokitika Guardian, 11 February 1929, Page 2

STOLEN SAFE

PROCEEDINGS JX COURT. PALMERSTON, Fob. 8. Following the mi usual developments which occurred in the Supreme Court this morning, Janies .Morton M’Gill, wlio had heen found guilty of breaking and entering Christie’s tobacconist simp in Rangitikei Street; created a further surprise, by handing in to Mr Justice Smith a written confession when he appeared in Court this afternoon for sentence, after having been remanded while the missing sale was recovered .

Accused’s counsel, addressing his Honor, said lie would like the Court to know that accused was a man of exceedingly temperate habits, with no tendency to drink,' and as long as a man had not that habit, and if lie had the capacity for earning a decent living, there always was hope that lie would return to a decent form of life. “It has struck me’’ continued Mr Louglniaii “that in a certain stage of my arguments I presented an aspect of the case involving his wife. I put it strongly to the jury that if it accepted the nightwatclimna’.s story, then a woman was in it as well as a man. .1 feel that it might be in your Honor’s mi ml that complication of accused’s wife adds to the gravity of the offence and makes an immeasurable impiity. So far as I am concerned, that is an argument which I framed, and I hope that it in no way wi.l be attributed to prisoner. My intention was limited to the evidence. It might bo that your Honor thinks that she was induced to come here and give false evidence to save her husband. I think that I am entitled to say that nothing would have kept her out of the box, which she entered without any inducement and on her own insistence." His Honor: What has happened to the safe? Mr Louglinan : I would rather have the detective make a statement concerning that. I know it has been returned, but am unaware of what its condition is.

His Honor: The money has gone. Mr Cooke (Crown Prosecutor) : The safe is in the police station covered with rust and in a very dirty condition. The? hinges have been sawn oft and the contents removed. There is no possible prospect of securing any linger prints. We will produce the safe for your Honor’s inspection. His Honor: There is no need. But from the point of restitution ? Mr Cooke: Everything has gone. Production of the safe at the last minute is a rather two-edged weapon. Tf that position had been before the jury at the trial it might have affected the verdict on the first count. “This confession which you have handed in,” said His Honour in addressing prisoner, “from a legal point of view amounts to evidence of guilt on the first count, therefore there is no reason for you to complain at the fairness of the jury in dealing with ytour ease. Perhaps fropn a Wider point of view your confession and restoraton of the safe should be in your favour, but from tlie point of view of restitution there is nothing for the wronged man at all. “Confession before trial would have heen taken into consideration in iixing sentence,” added his Honour, “hut when it is made afterwards at the last minute before sentence, it is very difficult to deal wtih the confession as a mitigating circumstance.”