“PIT-POT” SMITH’S CASE.

Taihape Daily Times, Volume XI, Issue 3530, 17 July 1920, Page 2

“PIT-POT” SMITH’S CASE.

QUESTION OF NEW TRIAL. CROAVN OPPOSES APPLICATION. The case of Franklin John Smith, alias “Pit-Pot Smith, who was sentenced on June 30 to seven years’ hard labour on charges of rape and indecent assault, was mentioned before Mr Justice Cooper at the Supreme Court at Auckland yesterday morning, when Mr A. Moody, on the prisoner’s behalf, asked leave to apply for a new trial.

The application was opposed by the Crown Prosecutor, Mr J. A. Toole. K.C.

In Support of his application Air Moody contended that if there was a reasonably arguable ground, even though it might be unsuccessful, that the jury’s verdict was unreasonable, then leave should be given to ask the Court of Appeal for a new trial. Re submitted that the jurymen had been swayed by the fact that other men were alleged to be implicated in the affair, and they had failed to appreciate the critical point, namely, consent. Mr Tole said the shocking circumstances of the case would stagger any individual. The indications pointed to rape and violence, and the girl's story of being stripped was believed by the jury. His Honour: Her evidence : was uncorroborated on that point.

Mr Tole said it \yas denied by none save the prisoner. He objected to the application because the case was unarguable. IT there was a prospect of a new trial being refused, then his Honor’? duty was to refuse leave "to apply. Evidently his Honor had concurred in the jury’s finding.

His HoiTor; T\'ho said so? Mr Tole pointed out that the sentence was very substantial! His Hcndr: Seven years? I could have sentenced him for life, ft would have been utterly improper for me to express any opinion upon the jury’s finding, and I expressed none. I took into .consideration 'the recommendation to mercy.

His Honor said that Mr Toie’s argument. if followed out. would mean that leave to apply for a new trial would always be refused. He would consult the authorities and give his decision on Saturday morning.