A MISSING WITNESS

Auckland Star, Volume LI, Issue 37, 12 February 1920, Page 8

A MISSING WITNESS

THE JURY DISCHARGED. AND BOND ESTREATED. (By Telcgra-pli. —Press AeeorlntloiO CHRISTCHURCH, Wednesday. Because Gerald 1-. Stead, who was the principal witness in a caee set down for hearing at the criminal sessions of the Supreme Court to-day, failed to put in an appearance, the case had to be adjourned until the next sessions of the Court in Christchureh. This, Mr. Justice Herdman remarked, was grossly unfair to the accused. Tlie latter was Leslie Lindsay Fleming, and lie was charged with being a rogue and a vagabond, in that on November 13, 191!), at Christchureh, he was found by night without lawful excuse on the premises of the Christchureh Club.

The accused, who was represented by Mr. C. S. Thomas, pleaded not guilty. After Mr. A. T. Donnelly had opened the case for the Crown. Gerald 1.. Stead was called as the first witness, hut lie failed to put in an appearance.

Mr. Donnelly said lie had been informed that Stead was in the North Island, and did not intend to be present, though be had been bound over to appear. His Honor said it was very regrettable that the principal witness for the Crown wan not present. The case could not proceed without this witness, and so he would have to discharge the jury. It was decided that the trial should be postponed until the next criminal sessions three months hence.

His Honor (to Mr. Donnelly) : You had better take steps to see that Stead is here ne-xt time. Tell the police to have him here. Mr. Donnelly: I will. His Honor remarked that the whole business was grossly unfair to the accused, who was entitled to be tried at the present sessions. Bail would be granted in the accused's own recognisance of £100, and under the circumstances he would dispense with sureties. "But see that you arc here next time," said his Honor to the accused. Mr. Donnelly said Stead had been bound over in the ordinary way in the Lower Court to appear at the Supreme Court trial. The amount of the bond was £50. Mr. Donnelly applied that this recognisance should be estreated. His Honor granted the application.