JUDGE AND JURY.

Taranaki Daily News, Volume XLVII, Issue 7829, 23 May 1905, Page 2

JUDGE AND JURY.

A PASSAGE AT AHMS. (Per Press Association.) AUCKLAND, Mnv 22. At the Supreme Court to-day William Henry Cobley pleaded not' guiltv to a charge of stealing the sum, oV £5 14s <sd from a dwelling at Waimauku on Ittnrch 11 last.

The evidence showed that accused and Williamson, .shared the same whnre. On the night of the alleged robbery Williamson woke up and heard the prisoner moving about. In the morning he missed his purse, containing the sum named.

Constables Rawe and O'Grady deposed to questioning the prisoner the next day, when the latter admitted having given the money to a nmn named or known as Conn. Ask<*l why, the prisoner replied that he heard the police were after him, and |he wns afraid. Conn was to ffive himi half the money when ho returned from town.

The defence was that prisoner was n man of "peculiar" mind, and that this accounted for his statement about giving the money to Conn. Prisoner; in his evidence, stated that he made this and a number of "rash statements" in the confusion of nervous excitement. lie would not have thought of Conn but for the fact that the constables brought up his .name first. He denied now ithat he had ever given any money ito Conn. 4

Further evidence was given as- 'to accused's peculiarities.

| The Judge summed up strongly against the prisoner. After a short I retirement, the jury returned with a verdict' of "Not guilty."

His Honour: "Well this is another case of the most lamentable I miscarriage of justice on the part of the 'jury." | The foreman : "Hut, your Honour, we are a jury." His Honour.: "\'ou hud your duly to perforin." The foreman : "And we have done The prisoner wns then discharged. it to the liest of our ability."