SUPREME COURT

New Zealand Times, Volume XLIV, Issue 10280, 15 May 1919, Page 3

SUPREME COURT

“AN EXTRAORDINARY CASE”

DEFENCE XIGHTWA.TOHMAN ACQUITTED.

The criminal sessions of the Supremo Court mere continued yesterday, before tho Chief Justice (Sir Robert St-out). Mr P. S. K. Macassey represented the Crown.

Considerable time was occupied with tho hearing of charges arising out of the theft of various articles Irom the Defence stores, Buckle street. Tho accused were Arthur James Ford and Thomas Evans, nightwatchmen at the Defence stores, and the articles alleged to have been stolen comprised nine quilts, two canvas bags, one overcoat, 87J yards of damask, 07 pairs of socks, and nine towels, the total value being £45 19s. Mr H. F. O’Leary appeared for Evans. Mr W. Appleton was foreman of the jury. Ford admitted the theft of the articles found in a bag ho was carrying when arrested by Constable McColl. He was remanded till -Saturday for sentence. Evans pleaded not guiltyl The facts set out by Mr Macassey were that the two men concerned were on duty at the stores on January 18th19th (Saturday night and Sunday morning). It was alleged that after tho. articles were taken out of the store Evans went away first, taking something with him. When Evans returned to tho store Ford went away, taking with him a bag which contained certain articles. When accosted by Constable McColl, Ford said he was shifting, and that the bag contained clothes. The bag was examined by the constable, who found in it some of tho stolen goods. Later , a search was made of the house occupied by Evans, and six towels that bad not been in uso were found. These were similar to the material in the store.

After bearing the evidence of the various witnesses, Mr vlacassey called the prisoner Ford, who said he remembered that Evans asked him for some socks. His intention was to get an old pair, but he could not get into the store. Evans secured the keys, and tho key of tho main store was given to witness. Witness could not remember very much as to what happened, because ho was considerably under the influence of liquor. It was apparent that the goods exhibited in court bad been taken by him into the yard. Evans then went away with a portion of the goods, including a roll of damask cloth. He told witness he would be back in half an hour. On the return of Evans witness went away with the canvas bag containing tho stolen property. Mr O’Leary stated that Ford’s evidence was new to him, and he asked for an adjournment in order to consult the prisoner. This was granted. When the court resumed in the afternoon Mr O’Leary announced that in view of tho evidence given he did not propose to call any evidence or address tho jury. Mr Macassey also decided not to address the jury. After half an hour’s retirement tho jury returned and asked His Honour whether an accomplice in a case of theft could he hold to be guilty. His Honour’s reply was in the affirmative.

The jury again retired, and after an hour’s consideration returned with a verdict of not guilty. _ His Honour asked the jury if it understood the charge ho gave it, and the foreman replied in the affirmative. His Honour then read a section of the Crimes Act, pointing out that a person who aided or abetted a crime was guilty of that crime. Did the jury understand that, and did it find the accused not guiltyj* The foreman: Yes, sir. His Honour: Then 1 can only say it is tho most extraordinary case I have ever heard in my life, and J have been on the Dench for twenty year#. Tho prisoner was discharged. IMPRISONMENT FOR MANSLAUGHTER. t>rc«a Association. PALMERSTON N., May 14. At the Supremo Court, Joseph Williams, a Maori, was sentenced to six months’ imprisonment for manslaughter. • Ho ran over a cyclist at Levin while driving a motor-car. NEW PLYMOUTH. NEW PLYMOUTH. May 1-4. Tho case against Albert Charles Ogilvio of cattle stealing concluded in the Supreme Court to-day. Tho jury after a two hours’ retirement returned a verdict of not guilty. Tho hearing of three charges of indecent assault* and ono of indecent exposure at Mole a n against Alfred James Bysantson is proceeding. OAgES AT DUNEDIN. DUNEDIN, May 14. At tho Supremo Court to-day, Donald Forbes was found guilty of criminal assAulVou Mr John Kurt, at Roxburgh, and acquitttod on account of causing actual bodily harm. Sentence was deferred. William Jones was ordered to come up for sontenco when called on a charge of arson, damages and costs having been paid. Daniel Henry Tucker was acquitted on a charge of improper relations with a girl under 16. Joseph French was found guilty ot obtaining £ll3 from Mary Carr by means of fnlso pretences. Sentence was deferred.