NOT GUILTY

New Zealand Times, Volume XLIV, Issue 10288, 24 May 1919, Page 9

NOT GUILTY

M'ARTiN ACQUITTED

CHARGES OF THREATS TO KILL NOT PROVED.

CONCLUSION OF INTERESTING

TRIAL,

Further consideration was given in the Supremo Court yesterday to the serious charges preferred against Richard William Martin, foreman painter in the- employ of Robert Martin and Co., Ltd. Martin was charged with sending two letters threatening to kill Alexander Collins, an employee of the same firm. tiis Honour Mr Justice Hosking was on tho Bench. Mr P. S. K. Macassey ,'appeared for the Crown, and Mr H. h'. !vj .ueary for the accused. Mr D. J!'. Skinner was foreman of tho jury. On the previous day, during' the cross-examination of Walter JLdmno, with regard to the handwriting, Mr G'Leary had asked permission to put in a letter written by a tiiird party, in which he contended the handwriting was somewhat similar to that in the anonymous letters. The hearing had been adjourned to consider the point as to whether the latter should, be ! admitted. After a brief discussion His Honour allowed the letter and other documents written by the sarao man to b« put in on condition that Mr O'Lcary produced evidence later that the documents were written prior to the commencement of the proceedings. Further evidence was given by Walter Dinnio, handwriting expert, and Detective-Sergeant Scott.. This closed the case for the Crown. THE DEFENCE.

j In opening the defence Mr O'Leary j said he would call tho accused to say that ho was not the man who wrote the anonymous letters to Coillins. On the contrary his association with Collins had been of tho happiest, and there could not be the slightest reason why accused should behave in such a manner towards Collins. J-t would also be shown that tho papers and nitric acid in Martin's office were accessible to any outsider, and in addijtion the jury would hare the benefit |of expert evidence to combat that given by Mr Dinnie with regard to the handwriting. Charles - Bainbridge Trimnell, secretary to Bing, Harris and Co., said ;ho was an expert in handwriting. lie | had seen the exhibits, and could say | deiinitely that all tho anonymous ieti ters were written by the same person. .; lie had compared the anonymous letjters with the accused's admitted handI writing, and ho would say that while there- were certain similarities, as explained by Mr Dinnie, that was not, in his opinion, suflicient similarity or characteristic to suggest to him that they were written by the same person. Giving evidenco on his own behalf, j Bichard William Martin, aged fit'tyfive,, said that:;.he-'was"'-a' married man with a family. Ho had been in the employ of Martin and Co. for tho past twelve years, and during that timo had been on very good terms with Collins. Accused absolutely denied sending any letters to Collins,'and had nothing whatever to do with the sending through the post of .the chocolates covered with nitric acid. It was he (Martin) niio liad advised Collins to inform the police of the receipt of I tho poisoned chocolates. In explanaI tion of tho presence of nitric acid in | his office, he said he had private reasons (these he set out) for removing the acid from his home, where it was used for medicinal purposes, to his office. The offico which he occupied as foreman painter was easily accessible to anyone who cared to go in. If accused had wished to do any harm to the Collins family ho had ample opportunity, because he had been in the haibit of procuring medicine for tho family. As to procuring the chocolates, there were sovGral shops nearer to his home where he could have bought the sweets than Gtiimer's, whore the sale was made. When the detectives went to him about tho matter he asked them if they were inquiring about the lottors. He naturally thought they would come to him, as he hold a responsible position with the firm.

In the course of tho cross-examina-tion by Mr Macassey, tho accused was closely questioned regarding his movements on tho night (the chocolates \vero purchased. Ho explained his movements in detail, and, in reply to the question as to why ho romeinberod tho details, accused said that he had good cause to remember all the incidents in that week.

Mr Maoassoy: Did you at variouo times ask Miss Innee in your office lor some plain envelopes?—Oh, yea, ' on several occasions.

Have you not received from Miss Innos some of tho firm's envelopes, with the namo cut offp—No; I deny that. ',

Accused stated, in reply to Arr Macassey that ho could not account for tho label on the bottle of nitrio acid being wet whou Detective Scott called. The acid laid not been used for testing purposes for a fortnight. George T. Kidgo, painter in tho employ of Martin and Co., was called to show that any person could obtain entrance to the linn's premises. When ho was informed that the allegations were mado against Martin, he said ho was not surprised. His reason for saying that was because of his opinion of the methods of the ma-naging director of the firm. Ernest Whittaker, <a resident of Potone, and an ex-omployee of Martin and Co., acknowledged that the handwriting in the testimonial put in by Mr O'Leary for purposes of comparison was his. This closed the/case for the defence, and counsel proceeded to address the jury. After a retirement of less than live minutes, the jury returned with a verdict of not guilty, and tho prisoner wa« discharged. There was an attempt at a small demonstration of approval from tho roar of the court, but this was quickly suppressed.