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Supreme Court.

United Pres3 Association—By Electric * Telegraph Wellington, May 8 At the Supreme Court yesterday, John Clancy, for breaking and entering, was sentenced to three years' imprisonment This man was convicted through leaving a finger print on the window he was supposed to have entered by. The charge against John Howley, a police constable, of having committed perjury m connection with two charges against one James Kennedy of being an Idle and disorderly person m that he consorted with reputed thieves and prostitutes and with being the keeper of a brothel, was concluded before the Chief Justice. The alleged perjury lay m the fact that Howley had sworn to seeing Kennedy m the company of bad characters on December 26th and 27th amongst other dates and made an entry m his note book at the time. The evidence for the Crown went to show that Kennedy wa3 at Palmerston on the dates upon which he was alleged by Howley to have been m Wellington, For the defence evidence was given by Thomas Fitzsimmons, a second-hand dealer, and his wife, who swore that they saw Kennedy m their shop on December 27th. It was about two months after Kennedy was first prosecuted that the witnesses remembered having seen him on the date given. They first mentioned the incident to a detective who was m Rowley's company. 1 After half an hour's deliberation the j jury returned with a verdict of not guilty on the grounds of mistaken identity. ! His Honour: Well, gentlemen, I think it is a very proper verdict. lam not going to direct a prosecution against Fitzsimmons and his wife, but I think it is the duty of the police to make inquiries into their case. Thia should be a lesson to the police to be very careful m the evidence they bring before the Court CitiuBTCFiuRCH, May 5 The criminal calendar for Supreme Court sittings which opera here on Monday, but will be adjourned till the 15th, consists only of three cases. It is many years since there waa such a small list.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AG19050506.2.27

Bibliographic details

Ashburton Guardian, Ashburton Guardian, Volume XXII, Issue 6563, 6 May 1905

Word Count
345

Supreme Court. Ashburton Guardian, Volume XXII, Issue 6563, 6 May 1905

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