SUPREME COURT.

Auckland Star, Volume XLI, Issue 33, 8 February 1910, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. (Before Mr. Justice Cooper.) A STOLEN PURSE. A quantity of evidence in support of the charge was tendered, and in crossexamination Mr. Hackett endeavoured to show that the behaviour of the accused in the shop was not calculated to excite suspicion, and that the identification of the rubber band was unsatisfactory. The witnesses, however, swore positively to the identity of the hand. For the defence, Mr. Hackett called a man named William Hutton, who was in the shaving saloon ai the time. Hutton said he would swear that he never saw the accused go near the coat or take anything from the pocket. He and Russell had been .book-making in partnership that day, and a man named Brown was clerking for them. He gave Russell a packet of tickets with a black rubber 'band round it. At the end of the day he oave Russell the bag with seven notes, two sovereigns and some silver in it. Mr. Tole cross-examined as to betting operations, and the question whether witness had not cleared out from certain hotels without paying his bills. (Proceeding.) NO INDICTMENT. , In the case against Daniel Baxter for, making a false declaration under the Land Act, which in the Lower Courtwas a private prosecution on the part of a man named Malier, and whicli was ha-nded over to the Crown, but which the Crown refused to take up, Mr. Moss, who appeared for Maher, informed his Honor that he had definitely decided not to prefer any bill against the accused, inasmuch as Maher had exhausted his funds and had no means to proceed. Mr. J. G. Haddow, who appeared for Baxter, said as he was unable to adduce any authority in support, he would not trouble his Honor further on the question of costs. The Hon. J. A. Tole, K.C., Crown Solicitor, said that under the peculiar circumstances, he would ask his Honor to estreat the recognisances of the prosecutor. Ample notice had been .given to Mr. Moss tliat the Crown would not take up the prosecution, but, owing to the fact that he had been unable to get a definite reply from Mr. Moss as to the intention of the prosecutor, Constable O'Reilly had been brought down, and his expenses would amount to £ 10. The country ought not to bo put to this expense. Mr. Moss said he had acted in no defiant spirit, but the case had been handed over to the Crown His Honor: You can't force a case upon the Crown. Mr. Moss: Quite so, but when tho Crown intimated that the case would not be taken up, we were prepared to go if the Crown would pay the expenses of witnesses, and we had been unable to get any assurance upon this point until last Friday. His Honor sal 1 he would consult the Crown Suits Act, and give a decision later. It would be quite improper for him at that stage to express any opinion as to the character of the prosecution. All he had to consider was the set of facts which had been placed before him. Later, his Honor 6aid he would require Mr. Moss to place his objections to the bond being estreated upon affidavit.