SUPREME COURT.

Taranaki Daily News, 13 August 1921, Page 5

SUPREME COURT.

CASES AT AUCKLAND. ACQUITTED ON THEFT CHARGE. By Telegraph.—Press Association. Auckland, Last Night. At the Supreme Court the third trial of Charles Joseph De Lucca on charges of stealing and receiving stationery uiffl fountain pens, of a total value of €lB9, the property of Collins Bros, and Co., was concluded to-day. It was alleged that accused was supplied with goods by a fellow employee, Trevor Napier Peake, who admitted stealing them and who has been sentenced. After two hours’ retirement the jury brought in a verdict of not guilty. His Honor: “I suppose we may assume you read his confession” (the remark referring to a signed statement made to the police by De Ducca).

The jury did not reply and accused was discharged.

APPEAL ON VERDICT.

Thomas Henry Loomb, a married man aged 58, was charged with alleged unlawful knowledge, or alternatively with attempted carnai knowledge of, and attempted indecent assault on a 15-year-old girl on May 16. In evidence the gvl, who is mentally deficient, said she did not know the month of the alleged offence. She first said it was after the police court trial and then it was before the Christmas holidays. Cross-examined she said that if the wife of accused fixed October as the date she would not Contradict Dpi. Counsel said the defence was that the alleged offence occurred in October and as more than six months elapsed no prosecution could be laid. Accused said he attempted to have carnal knowledge of the girl about October, this being the only occasion he did so. Cross-examined he said a statement he made to the police in June that the offence occurred about three months previously was incorrect. The wife gave evidence that the only time she spoke to the girl was in October.

After an hour’s retirement the jury brought in a verdict of guilty, with a rider that the girl should be put under proper restraint. Counsel moved to appeal for a new trial on the grounds that the verdict was against the weight of evidence and asked His Honor to state the case for the Court of Appeal whether a general verdict on three counts could stand. The Judge reserved decision.