APPEAL COURT.

Taranaki Daily News, Volume L, Issue 59, 16 April 1907, Page 2

APPEAL COURT.

Tilt; CASK OF l-TN'DLAY. I'er Press Association. Wellington, April V). Mi. Iljomng, resuming argument for Findhiv in the Anpcal Curl, laid stress 1 on the lad that .Milieu anil Son, who ' saw and spoke to a man with a bike on ] the night of the murder, could not, identify him as I'mdlay. The evidence was suspicious to some oUenl, but not , enough to convict. .Mr. .Mvers, for the Crown, reviewed all the cvidenc against Fiudlay calo goricallv. and showed how he was connected with the articles stolen from the house. The evidence, lie contended, was ample to juslifv anv jurv in convicting. ill-. -Myers pointed'out that Fiudlay gave two reasons for his presence in the neighborhood, neither of \, hich was borne out liv facts. 'I o those who did ' not know him he gave out that he was a runawav sailor; to those who did I hat he had been with a runaway sailor, lie (counsel) suggested that the object was lo create a fabe identity in order lo shield himself after Ihe robbery he can•oniplalcd. As lo the theory that the revolver siiot would have caused alarm, the house was standing alone, and prisoner could have found out how many inmates then- u'erc. The evidence of linger prints, as far as it went, showed that one of the prints correspond in part villi the prisoner's, 'they were ■oo smudged for complete identilici tion.

Judgment was reserved. The (Joint then took the ease of ihe King v. Jus. Nosworthy. The latter was a herbalist, of Wanganui, who whs convicted of supplying mi instrument for an unlawful purpose. The conviction was appealed against on the ground that the evidence of sales of a similar instrument was improperly admitted, and that there was really no charge against him. The facts we're that :i constable went to Xosworlhy and made a. purchase for the purpose of getting a case against him. It was therefore, contended that there was no oll'ence. because there was no one on whom the instrument could he used, and no intention to use it. It was also contended that there was no attempt to commit a crime. Judge Chap man declined to withdraw the case from the jury, and against their conviction prisoner now appealed. Mr. Myers appeared for the Crown, and Mr. Treadwell , /or the prisoner. Tim latter argued on the lines.indicnled above, but abandoned the contention that the evidence of sales was wrongly admitted. "Without calling on Mr. Myers, the Court held that the word "knowing" in the criminal code meant ''believing," as decided in the English case, ltegiim v. Ilalloran, and consequently it did not matter whether there was a woman in the case or not. The conviction was therefore allinucd.