NOT, GUILTY.

Manawatu Herald, Volume XLIV, Issue 2427, 11 May 1922, Page 3

NOT, GUILTY.

CHARGE AGAINST GEORGE V, DUNN.

CIRCUMSTANTIAL EVIDENCE. Criminal sittings of the Palmerston North Supreme Court were commenced on Tuesday morning be- ■ fore His Honour Mr Justice Ploskin". " In his address to he Grand Jury His Honour stated that there was only one, case for their consideration, that of George Victor Dunn, a fisherman, of Foxton, who was charged with arson, breaking, entering and theft, the charges arising out of a fire in a general store ait Foxton on March sth. In regard to the charge of arson His Honour observed that there was insufficient evidence to support the charge. Though the man might have stolen the goods from the store, it did not follow that he set fire to the premises. /It was possible that he might have used a match and thrown it eaVelessly aside, but even if he did that it did not follow that he had committed the crime of arson, unless intention was shown. He did not think the charge could be supported on the evidence available. His Honour reviewed the evidence in regal’d to the question of whether the evidence in respect to these indicated that a prima facie case had been established.

After a short , retirement the •Grand Jury found that no bill had been found in regard to the arson charge, but true hills in respect to the others. • , ' George Victor Dunn was then charged with having broken and entered the shop of Mark E. Perreau and stolen (herefrom 62 packets of cigarettes, 24 boxes of matches, and a quantity of lollies and chocolates to a total value of £3. The alternative charge of having received the goods, was also preferred against accused. He pleaded not guilty and was represented by Mr Ongley. Mr Loughnan prosecuted for the Crown. The following composed the jury —A. Polkinghorne (foi’eman), F. E. Robinson, C. Randall, D. P. Smith, J. Carey, W. Manion, W.. G. Ross, J. T. Miller, C. Setter, D. Lynch, S. Franklin and J.-Fabling. Evidence was given by Mark Edward Perreau, to the effect that his one-roomed store was burnt on the night of March sth. Prior to the fire the do'or was firmly secured with a six-lever lock. Two months before a wooden building on the same site which he used as a store was burnt down. The building last burned was constructed with corrugated iron walls and roof, and he thought it would be fairly fire-proof. The staple through which the lock was placed (produced) was broken and it appeared as if a piece had been sawn out of it. Witness had another large store which was burnt down three days before Christmas, and was later replaced. The articles alleged to have been stolen were produced and witness testified to having had large quantities of such goods in stock. Cross-examined by Mr Ongley, witness said there was £7O worth of stock in the building, and the insurances over the stock and building amounted to £IOO. On the previous occasion there was an insurance on the stock of £125, and in the case when the larger premises were destroyed he recovered £SOO on the building, but nothing on the stock. Detective-Sergeant Quirke stated that, on March 11th he visited Dunn’s whare on the beach and under the side of the mattress of the bed discovered the articles produced. They were concealed by the blankets and stacked in such a position that a person could be on the bed without resting on the articles. Shortly afterwards witness saw accused at his mother’s house and returned with him to the whare. Accused said at the time that he had found the goods under an empty house when in search of a •couple of fowls. Questioned as to his movements on the night of the fire, accused had said he went to bed at 0.30 and slept till 6 in the morning. On making an examination under the house referred to witness saw indications of fowls having been There.

Constables Owen and O’Donoghue, of Foxton, said they accompanied the detective-sergeant on his visit* to the w'hare, and corroborated his evidence. Edward Erieson, fish-hawker, of Foxton Beach, said that on the night of the fire at about 2 o’clock in the morning he was awakened by a noise outside his whare caused by the rattling of fishboxes. On looking out, he saw accused going along the beach.

To Mr Ongley: Witness recognised Dunn by his face. He was about fourteen yards away when witness saw' him. Witness did not know that the moon had set at fi.22 that, evening. From the witness-box accused stated that lie lmd not left bis whare during the night, and had heard nothing of the fire until noon the following day. He reiterated his statement made to the police that he had found the goods when id search of the fowls under a deserted house. The goods, lie continued, Avere found in a sack, hut- on ,the morning of the police visit lie cleaned up the whare and put the stuff under his mattress in order to conceal it from persons who might he prying about in his absence, as the door of the AA'hare was left unlocked. He had intended to go into Foxton and report his find to the police on the very day that Detective-Sergeant Quirke arrived.

Para Mataka said he and Dunn were fishing early on the evening of the night.df the fire. Dunn retired early to his whare, and though wit-

ness remained near it all night fish* ing he did not see accused emerge. After a brief retirement (lie jury returned with the announcement that owing to the insufficiency of evidence they had found a verdict of not guilty on both counts. Prisoner was accordingly discharged.