The Harper Case.

Manawatu Herald, 7 December 1895, Page 3

The Harper Case.

On Wednesday the above case was concluded at the Cbristchurch Supreme Court.

His Honor, in summing up, said the jury were not called upon to consider the oiroumstances under which the prosecution had arisen, nor who wag responsible for it. There had been nothing in the conduct of the case by Mr Skerrett to justify the aspersions which had been made. The jury had to decide whether the accused had committed an offence under section 79 of the Larceny Act, 1867. No doubt the accused was a co-trustee. They had also to decide whether the receipt of money ie the Colony was a conversion of it.

The jury retired at 12.40 p.m., and returned at 1.10 p.m., when the foreman asked — " Are the jury correct in understanding that His Honor has ruled that the fact of the aooused having been aware that the firm was in difficulties in 1887, and with that knowledge having placed money on deposit with his firm, does not constitute a fraudulent conversion, if done with the consent of the beneficiaries ?"

His Honor said that was his ruling, subject to review afterwards. It did not constitute a fraudulent conversion if the money was deposited with the consent of the beneficiaries.

hi 1.55 the jury again returned, when the foreman stated that they could not agree, nor was there any possibility cf agreement. The Judge erdered the jury to be locked up for 12 hours. At 5.15 p.m. the jury brought in the following preliminary verdict :— That the jury, under the direction of Hif Honor on a question of law, unanimously found the accused not guilty. His Honor reserved several points raised during the case, and also that of direction.

The Court adjourned till next day. — Press Association.