SUPREME COURT.

Taranaki Daily News, 21 August 1918, Page 6

SUPREME COURT.

YESTERDAY'S SITTINO, ; (Before his Honor the Chief Justice.) The criminal session of the Supreme Court at .New Wymoath was continued yesierday before his llonor the Chief Justice, Sir Robert Stout. ALLEGED CATTLE STEALING. The hearing of the charges of cattle stealing against Albert Charles Ogilvie was adjourned till the December se3cions, on the application of the Crown Prosecutor.

ALLEGED THEFT OF SAIL CANVAS. Samuel Edward Doyle was charged with the theft of a sail canvas irom the N T e\v Plymouth wharf, on or about April 27 last, or with receiving the same, knowing it to have been dishonestly procured. Mr. H. R. Billing appeared for the Crown and Mr. A. H. Johnstone represented accused. The following jury wa3 empanelled:— Messrs I<\ M. Grayling, M. E. Clow, M. H. Barnett, J. Austin, J.' A. Bishop, Wm. Ackland, W. T. Hookham, J. J. Harker, J. Corrigal, H. Htttlmance, G. Neal, T. J. O'Kelly, Mr. Hookham was chosen foreman. Thomas Rodger Clow, tent-maker, New Plymouth, said he valued the canyas at £-15.

To Mr. Jolmstone: The scarcity of the commodity had given it its present value. William G. Marr, carrier, Mofcuroa, said he was called to the breakwater ono Saturday in April. He got there about a quarter-past 12, ana Doyle ana a man named Wilson put a big package wrapped in canvas and also some wood on to his express, and he took them to Doyle's place as instructed. Doyle paid him for the cartage. To Mr. JohnsLne: He knew that a Mr. Murray lived with Doyle, and that he had an express. Charles C. Lister, of Cook and Lister, saddlers, New Plymouth, paid he remembered Doyle bringing a sample of canvas to his shop on Monday, April 29, and asking if he wiinted to buy any. Accused said he bought (lie canvas off the mate of the last American barque in port. The measurement was 12yds by ■l4vds. He told Doyle if the canvas was up to sample he would give £lO for it. 'Die canvas was brought to the by Doyle and witness' brothel - , and accused was paid by cheque. He had it a little more than a week, and then the police look it. away. Doyle came back to the shop door one day and said to witness, "You didn't buy any canvas oil me." Witness replied, "Yes, I did; and that game won't work." That happened before the police took charge of the canvas.

To Mr. Johnstone: He iveuM have had to unpick the canvas before he could have made use of it. There had been a rise of WO per cent, in canvas in the last six months. The canvas in court wns not a good one, but- it 'was better, than some that -was about at present.

Thomas Lister corroborated the evidonce of his brother as to the conversation in the shop and carting the canvas to the shop. He got the canvas from under Boyle's house at Belt Road. iJovle paid him for the cartage.

John Fraser, assistant harbor-master, said lie ivas on the wharf every day. Tie remembered Saturday, April 2T. Work was finished at 32.15 p.m. that day. He did not remember having seen the canvas produced. If it had hfcn left lying about the wharf exposed he would certainly have seen it. To Mr. Johnstone: Doyle had been employed on the wharf for about two years The tarpaulin was too large for any ship trading to Xew Plymouth. Thomas Fitzgiblxm, plain-clothes eonstable, said Doyle, when interviewed, denied all knowledge of the' canvas. He made a statement which witness took down, in which he denied having taken the canvas or assisting anyonu else to take it, and trying t.o sell it. He would not. sign the statement, however. Witness then took possession of the canvas from Cook and Lister's. Mr. Johnstone claimed that there was no case to answer, as there was no evidence or sufficient evidence to prove theft, or receiving goods knowing them to have been stolen. His Honor held that when a man was fnmul in possession of goods and could not or would not account for how they came into his possession, and told the police also that he knew nothing about tliem when inquiries were made, he should be called upon to answer such a charge as that in the present case.

Mr. Johnstone said he would call no evidence, and contented himself with addressing the jury, in the course of which ho stressed the point that the Crown had failed entirely to show how Doyle had come into possession of the goods. His Honor summed up and the jury retired at H. 50 p.m.

After a retirement of two hours and a-quarter, the jury reported there was no chance of an agreement. His Honor said he was very sorry, hut he would liavp to send them back, as he had no power to release them until the prescribed period of four hours had elapsed. At the expiration of four hours (0.50 p.m.) the jury returned, and reported they could not agree.

A new trial was ordered to take place at the next sessions of the court. Bail was allowed in the same bonds as previously. The Court adjourned till 10 a.m. toilav.