NOT GUILTY

Rotorua Morning Post, Volume 2, Issue 286, 28 July 1932, Page 5

NOT GUILTY

(Press Assn.-

whalley set free supreme court trial of mt. cook murder case CHIEF JUSTICE'S COMMENT"

-By Telegraph — Copyright)

TIMARU, Wednesday. After a retirement of three hours, the jur-y to-day found William John Thoxnas Whalle-y not guilty on a : charge of murdering William Wogan, | a porter at The Hermitage, Mt. Cook, j on November 5, 1931. The verdict j was received with applause from the back of the crowded court, The ' Chief Justice (Sir Michael Myers) addressing counsel for the defence, drew his attention to the fact that when he was commenting on the comment of the coroner, and pointed out that the Magistrate did not have an accurate finding from the coroner, he had had the finding as it appeared in a local paper. This report had omitted two or three words which very greatly qualified the comments. The position of the coroner was different from that of a Magistrate, and so far as the coroner was concerned, it would have been better if one paragraph of his finding had not appeared. Further evidence was heard along the lines of the- lower court proceedings and counsel for the defence relied upon his address to the jux'y. During the course of the coroner's inauest, comxuent was made by a Magistrate sitting as coroner regarding alleged delay in the police enquiries. This comment was quoted at length by counsel for the defence.