EX-CONSTABLES GUILTY

Sun (Auckland), Volume II, Issue 502, 3 November 1928, Page 13

EX-CONSTABLES GUILTY

ARSON CHARGED PROVED TAXI-DRIVER ACQUITTED At 10.50 last evening—after a retirement of just over two hours —a jury brought in a verdict of guilty in the case of the two oxconstables. Thomas Francis Carroll and Sydney Francis Waters, who were arraigned cn a charge of setting fire to the grocer’s shop of the former in Ponsonby on August 29. Carroll was also found guilty on a count of making a false declaration that the entire stock of his shop was destroyed. A taxi-driver, James Tait, also charged with arson, was acquitted. An additional charge of conspiracy to defraud the British Traders’ Insurance Company of £6OO preferred against all three men was dismissed. No witnesses were called for the defence, counsel being content only to address the jury. On behalf of Waters, Mr. Alan Moody said there was nothing to justify the jury in holding any of the men guilty of conspiracy. He emphasised the evidence that Waters was under the influence of liquor. Mr. Sullivan contended there was no evidence that Carroll took any part in firing the shop. Ho asserted that the detectives’ story did not ring true and suggested one must be lying. Tait, said Mr. Singer, had been an innocent tool in the hands of the others. The evidence was consistent with his innocence. Mr. Justice Smith said there was very little evidence of conspiracy against Tait. It would be necessary to prove that he knew the others had the purpose to defraud the insurance company. Carroll and Waters were recommended to mercy. Both will be sentenced on Monday.