DAVERN ACQUITTED.

Auckland Star, Volume LVI, Issue 184, 6 August 1925, Page 14

DAVERN ACQUITTED.

TESTIMONY OF ACCOMPLICES. '. UNSUPPORTED FROM BETTER ,' SOURCE. James... Dayerri (Mr; Singer) was I acquitted yesterday before Mr. Justice 5 Herdman on a charge of breaking and ' entering the- premises of Hancock and 1 Co. on August 25 last. Evidence for the prosecution was ? given by Bernard Wildermoth and ' Alexander Rea, who were described as ] accomplices, and said they were present ' when Davern entered Messrs. Hancock's ] building. ! Mr. Singer, after a careful cross- jj examination of both witnesses, said I that, without being corroborated, the ' evidence of confederates in a crime was ; valueless. Accused's failure to remem- : ber where he was on the night of the burglary was natural, and he could not : be expected to prove an alibi after so long an interval. An element of malice may have influenced Wildermoth and Rea in making their accusations against Davern. In his address to the jury his Honor said that it was dangerous to make a conviction on the uncorroborated evidence of accomplices. The jury must decide whether the evidence was accept-- ' able or not, and must consider the fact that it was not confirmed. Both the v confederates had already been sentenced, and there appeared no motive for malice; but there was no evidence from a better source that Davern was their accomplice in crime. The jury retired for ten minutes and then returned a verdict of not guilty.