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DEATH SENTENCE.

THORN FOUND GUILTY, 4UDGE AGREES WITH VERpiqr. END OF SECOND TRIAL. Br T«!«scaph.—Press Association. Auckland, Last Night. The trial of Samuel John Thorn, a farm hand, on a charge that on August 24 he murdered Sidney Seymour Eyre, a settler of Pukekawa, was continued today before Mr Justice Chapman at the Supreme Court. The final evidence for the prosecution was heard, and Mr. Singer, for the defence, then addressed the juryCounsel asked the jury whether the Crown had proved that accused committed the crime. Secondly, was it possible someone else committed the crime? Though they felt that accused committed it, was it possible someone else committed the murder? If the possibility existed then they must give effect to that possibility. He would show it was not a remote possibility. Circumstantial evidence was open to the greatest errors.

When he addressed the jury on the subject of who might have committed the crime, continued Mr. Singer, it was not for them to say that the persons he pointed out were guilty, but if there was a possibility of any one of them having committed the crime it was the 'jury's duty to acquit accused.. Was there a doubt that'Thome *ode Micky tljat night? Was there a doubt that a gun had been used? Was there a doubt whether a No. 7 Pete cartridge was used? Assuming accused rode Micky and came to within 150 yards of the house, vet the Crown had not established to the proper satisfaction of the jury the case they set out to make. Mr. Singer dealt exhaustively with the horse shoe prints on the ground. These, he said, were not like finger prints, which had a large number of similarities. In the present case the only similarities here were width and nicks. JURY AWAY FOUR HOURS. Even although Thorn had said he did not blame Mrs. Eyre, said Mr. Singer, that was not enough to justify the jury in saying that she was' not in the tragedy somewhere. When the accused said "I will drag someone else in" he must have had somebody in his mind, but he had refused to say who was in his mind. "May he not have believed, as may not you gentlemen to-day believe, that the person who committed that crime may have been Mrs. Eyre?" asked counsel. "We have known other cases of similar tragedies." He added: "We cannot mince matters, and we cannot be mealey-mouthed. A murder has been committed, and this man has been charged. May it not have been Mrs. Eyre? It may have been somebody other than Mrs. Eyre or Thorn, but we cannot get away from a grave possibility that it was Mrs. Eyre." In summing up, Judge Chapman pointed out that the jury must be satisfied that the evidence was in a reasonable sense conclusive, and that it pointed to accused and no other person. Counsel for the defence had put it that the crime Was committed by Mrs Eyre Mr. Singer: "May have been, your Honor."

The Judge: "Was" qualified by a "may." No other person, he continued, had been pointed to throughout the trial hiving grounds for enmity or for murdering Eyre other than accused or Mm. Eyre. That wa<s not, of course, in itself final/ No doubt Mrs. Eyre was in a very singular position. It had been suggested she did not tell a true story when Detective-Sergeant Cummings first interviewed her, but had she to her own shame told the truth in Court? Could the jury Wonder she was reluctant to give herself away, and throw away her reputation until she found it essential! The jury retired at 4.20 p.m. and returned at 8.20 p.m. The Court was then crowded and prisoner, who appeared pale, eagerly scanned the jfry, and then folded his arms The foreman announced that the verdict was "guilty." TRIBUTE TO THE DEFENCE. Hib Honor asked if accused had anything to say, and Mr. Singer, rising, rei plied for the accused that in view of the ! penalty his Hosot was bound to impose he did not see that anything could be said.

Addressing prisoner, the Judge said he had been found guilty by a jury of his countrymen, who had given most careful consideration to the oase. That the evidence proved his guilt was the Jtidge'4 firm conviction. The prisoner hadbeen defended with exceptional ability, and the police and the authorities had shown him every consideration. His Honor then passed the sentence of death, and the prisoner, who had remained calm throughout, turned and left the dock.

Addressing the jury, the Judge said he absolutely and entirely approved of their verdict. He paid a tribute to the police, especially Detective-Sergeant Cummings. He wished to say that whatever might be felt regarding that unfortunate Mrs. Eyre he was perfectly satisfied that she had appeared in Court an absolutely unbiassed and truthful witness, and had given her evidence with the utmost sincerity.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19201204.2.36

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, 4 December 1920, Page 5

Word count
Tapeke kupu
825

DEATH SENTENCE. Taranaki Daily News, 4 December 1920, Page 5

DEATH SENTENCE. Taranaki Daily News, 4 December 1920, Page 5

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