FINDLAY’S APPEAL.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8786, 13 April 1907, Page 2

FINDLAY’S APPEAL.

Press Association.Wellington, April 13. The 'Appeal Court, with Judges' Stout, Williams, Dennistou,' Chapman, and Button on the Bench, id hearing Findlay v. King, an application for a new trial on the ground that the verdict was against the weight of evidence. John Findlay was arrested and tried in Dunedin for the murder of Wm. Hay Rennie, schoolmaster at Papakaio, - near Oamaru, on October 3,190 G. He was acquitted and then re-arrested on a charge of breaking into Rennie’s house on October 3, and stealing articles including a bicycle. ‘At the first trial the jury disagreed, at the second prisoner was convicted and sentenced for five years The evidence was lengthy and almost wholly circumstantial. Several witnesses said they saw prisoner in the vicinity about the time of the murder. Two said .they met a man on a bicycle in the middle of the night, who stated he had lost his way. but they could not positively identify prisoner as the man. In summing up, Judge Williams remarked that the verdict of guilty would practically point to prisoner as the murderer, and in addition to the sentence Findlay was declared a habitual criminal. Mr .Hjorriug appears for the appellant, and Mr Myers for the Crown. Mr Hjorriug, in opening Ids case, went into the circumstances of the murder in detail. The last seen of Rennie was on the evening of October 2, when ho rode [to Cameron’s store on a bicycle and made a purchase. There was no evidence that lie rode away from the store at all or that he took the bicycle with him. Tiie murder was not discovered till 11 a.m. next day. Counsel also traced Findlay’s movements after ho arrived in the district. The last seen of Findlay was when he got a lift in a. baker’s cart to a railway hut three and a half miles away. He was next seen at 6 the following morning, when he was found in bed at Tomlinson’s, with whom lie was staying.

The midnight man with a bicycle could not be identified, and the theory of the Crown was that prisoner was hungry and penniless, yet by walking two or [threo miles further ho could have g(st plenty to eat at Tomlinson’s and there was no evidence that ho was penniless nor that Rennie had money in the house. Prisoner had sold a bicycle for £3 10s at the end of September. As to the razor which Bennie was supposed to have dropped three weeks before it was found it should have been rusty, but was bright, and could not have been there' long. Counsel contended there was no evidence connecting prisoner with Rennie’s bicycle. The latter did not have turn-down handles, and"the bicycle the unknown man was riding did. Argument was not concluded when the Court adjourned for the day.