SUPREME COURT.

Sun (Christchurch), Volume 1, Issue 8, 14 February 1914, Page 5 (Supplement)

SUPREME COURT.

CRIMINAL SESSION.

ALLEGED HOTEL THEFT.

I The trial of Michael Nicholas Hoga% charged with theft of £34 from a roommate in the Bowery Hotel, Burwood, on January 2 last, was continued before his Honour Mr Justice Denniston in the Supreme Court yesterday afternoon, when the defence was entered upon. Mr H. H. Ostler conducted the prosecution on behalf of-the Crown, and Mr Sinclair appeared for the accused. The evidence against Hogan was circumstantial, one of the elements in the case for the prosecution being that he had money on January' 2, just after the theft was committed, whereas he had none immediately before. The defence called a large number of witnesses to prove that the accused had come by the money honestly. After a retirement of close on two hours, the jury returned with the intimation that there was little likelihood of their coming to an agreement. His Honour said that he did not know, nor did he seek to know, the extent of their disagreement. In cases of disagreement he was in the "habit of making certain informal remarks to the jury. Jurors swore to give a true verdict according to theiT conscience, and they must do so, but where there was a disagreement there were certain elements they ought to consider before definitely failing to arrive at a verdict, and thus necessitating a new trial. In cases where there was a majority in favour of a conviction, the minority could not be expected to give a verdict against their opinion, unless they were eventually convinced of the guilt of. the prisoner, "in cases, however, where the majority was for the accused • the minority might very well come to the conclusion —from the mere fact that they were in a minority—that there was some reasonable 'ground of doubt about the prisoner's guilt j and ,if there was such a doubt the prisoner was entitled to the benefit of it. In the light of this advice, his Honour asked the jury to retire again for a few minutes and see if they could not come to some agreement, and thus save another trial.

The jury had been absent only about two minutes when they returned with a verdict of not guilty. His Honour thanked the jury for so promptly complying with his suggestion, S2<?.-dis-charged the prisoner.