NOT GUILTY

Rotorua Morning Post, Volume 2, Issue 368, 1 November 1932, Page 5

NOT GUILTY

(Press Assn

charge of murder second trial of youth ; in" n.; auckland > « **? . case * death of old man

• — By Telegraph — Copyrlght)

Auckland, Monday. A verdict of not guilty was' returned in the Supreme Court in the retrial of the Maori boy," Heta' Fred Gardner, aged 16 years, charged with murdering the old aged ' pensioneiv George Crewe, at Ruatangata, hear Whangarei, on or aboijt. May 26. The jury disagreed at the> first trial, and since then a statemept made to the police by accused has been held by the Court of Appeal to he inadmissable.as evidence. , The acting-Crown Prosecutor told the jury to-day that while accused had not been declared.insane h'e had been judged not altogether normal. Perhaps he could. best be described as feebleininded. The question for the jury was whether he committed the crime or not. Tbere their responsihility ended. ...... , ' Crewe was about 73 or 74 years

of age, Mr. Hubble eontinued, and he lived alone in his whare. He was last seen alive on May 26, but was not seen about on the following day. On the day of May 27, before anyone knew Crewe was dead, accused went to Whangarei, where the police were making inquiries regarding theft, and accused ■ made a statement which placed his movements in Titoki or Kirikopuni districts, within reasonable distance of Ruatangata,, As suggested by the Crown, no evidence was called by defendant. For accused, Mr. Trimmer, contended tbat fhe Crown failed to est'ablish the charge against accused. His Honour said the Crown proved circumstances showing an ppportunity to commit murder, but proof of the actual charge had to be beyond reasonable doubt. There was nothing to connect accused definitely with the death of Crewe. His Honour said it seemed to him that it would he unsafe for the jury, on the evidence presented, to bring home to accused the death of Crewe. After retirement of 20 minutes the jury returned the verdict of not guilty, Gardner being discharged.