DRAMATIC CONCLUSION

Auckland Star, Volume LIII, Issue 172, 22 July 1922, Page 12

DRAMATIC CONCLUSION

1 ■ CHINESE MUBIIEE TZUAI. MAGISTRATE DISMISSES CASE. EVIDENCE HELPLESSLY WEAK.

(By Telegraph.—rress Association.)

WANG-ANUI, Friday. The trial of Louis Toldy on a charge of the murder of the Chinama.n, Chow Vat. came to a dramatic conclusion in the Magistrate's Court today, Mr. Hillings, S.M., holding that the Crown had failed to make out a prima facie case, and releasing the accused. The most important of the witnesses ■was Detective .Nuttall, who slid that the clothes belonging to _c a-cise 1 were ■sent to the Government bacteriologist, but the analysis fai'ed to find on chem any traces of human blood. When a*ked to plcac l the accused slid quietly, "I am not guilty." The accused's solicitor. Mr. W. J. Treadwell. said he felt he would bo la-kin: in his duty if he d'd not ask the magistrate t"> take the responsibility of dismissing the information. He knew he was asking the magistrate to accept no small responsibility, and he knew of no other similar case in whic 1 ' the sune reT'est had been made. The Government analysis was decidedly in the accused's favour. It was palpable to everyone that if a jury on tbe evidence recorded a conviction they would be taking an extreme step. A mass of evidence had been called that tiie man was seen on May 30, and this evidence had been brought about solely •by a statement of the accuse . to the police. When he told them the stiry of what he was doing on May 31,0ne would have expected a gui'ty man to 'have told tho police a story -which they could not verify. Instead, he told them to the lost of his belief his movemen s. All he had said was true down to the n i-utest instance, except that he made a mistake in some of the events, and sai I they happened on May 30 instead of May 31. If Toldy wanted to mislead the police he would have told them false statements. The statements were those of a man who was conscious that the cha"ges were utterly untenable and unfounded. TOLBY'S NORMAL ACTIONS. If ihe man was to be convicted on the statements put forward d.iring the cas_, then he ventured to say t__e life ol no man would be safe. Tnere was nothing extraordinary about Toldy having been seen on the road, or that he s.opped suddenly and decided not to take l_e course he followed and took another course. Yet this was to be thrown up against him, and that he wanted to avoid a man hours before the murder took place. ! Referring to the evening of May 31, Mr. Treadwell asked the magistrate | whether he thought it possible that] Toldy could 'have committed the mv de-rj and then acted in the callous way which he did. The "murder took place about six o'clock, and Toldy was at the tram terminus and at 6.45 o.ilmly talking to a tramway official aud acting in a ; erfec'ly normal manner. He was again at the terminus at 0 pjn. talking again in the same unconcerned manner. There was not sufficient evidence to warrant Toldy being put on his-trial. The police we~e to be commended for the way they had done their duty, but all they had brought forward was some evidence that Toldy was seen on the road. Toldy had been in gaol for several weeks. NO JURY WOULD CONVICT, i The magistrate said the evidence in the case wa3 so helplessly weak that tie . did not think it"possible r for a jury to I convict. '. Mr. 'Marshall said that if the magis- 1 trate said there was no case to answer I J the responsibility ended. The Magistrate: The analysis is against the prosecution. It has helped the prisoner. | Mr, Marshall said the matter cf the] overcoat had not been satisfactorily ex- j plained. A number of witnessei had!' sworn that he was oirrying another overcoat. The evidence also showed that the accused was avoiding recognition. I The magistrate said the witness ?o de-' scribed the coat th.it it had becoi c one of many colours. He asked Mr. Marshall whether the grand jury would find a true bill. j Mr. Marshall: I think they would. I The Magistrate-. You would never get a, conviction with the common ju y. Continuing, the magistrate said hu felt his responsibility in the matter, but would not shirk his duty. _\lr. Marshall said it was not for him to press tho matter unduly. However, I he thought.the magistrate was accepting; • grave responsibility if he dismissed! Cie case. ! The magistrate said he would take -.vr- minutes to think the matter q-ietly over in his mind. He did not expect at this stage to be asked to dismiss the case. I On his return the magistrate said he ihad given the matter careful and anxious thought. He would be failing in his duty if he allowed it to go fu'-ther on the present evidence, which did not establish a prima- facie case. He was quite satisfied that no grand jury would return a true bill nn the evidence, also that no common jury would be allowed to convict. A large crowd in Court received the decision with "hear, hoars," and hand clapping. In a coronia] capairty the magistrate returned a verdict that the death of Chow Vat was due to a bullet wound in the head inflicted by a person unknown.