IN STOLEN CAR

Sun (Auckland), Volume II, Issue 475, 3 October 1928, Page 13

IN STOLEN CAR

BROTHER PROTESTS INNOCENCE PLEA FOR REHEARING An application for a rehearing of the case against James Russell was made in the Police Court this morning by Mr. Alan Moody. Russell, in company with his twin brother William, was sentenced to three months’ imprisonment last Saturday for converting a car to his own use. When the case was heard Mr. F. W. Schramm entered a plea of not guilty for James Russell, his defence being that accused did not know the car was stolen, having been told by his brother that he had the loan of it. When the occupants of the car were accosted by an employee of the firm to which it belonged, the two Russell brothers were captured, a third passenger, known only as “Leo,” getting away.

Mr. Moody submitted a statement made by “Leo,” whom he proposed to call as a witness, which substantiated the story told by James Russell. Mr. F. K. Hunt, S.M.: You should have applied for a remand and got a statement from this witness. Mr. Moody: I know that, sir, but I did not appear for Russell in the first place. I should not be blamed for another solicitor’s action. Mr. Hunt: I will think it over and let you know. What do you think of it. Mr. Cummings? Senior-Sergeant Cummings: There are no grounds for a rehearing. The proper procedure is for an appeal to be made through the Supremo Court. Mr. Hunt: Very well, Mr. Moody. I shall let you know to-morrow morning.