SUPREME COURT.

Auckland Star, Volume LVII, Issue 110, 11 May 1926, Page 10

SUPREME COURT.

GUILTY OF THEFT.

FINGERPRINT EVIDENCE CASE,

NEW TRIAL ON TWO COUNTS.

The charges of theft from a church and indecent assault on young girls preferred against Theodore Victor Casey, heard by Mr. Justice Stringer in the Supreme Court, were concluded yesterday afternoon. Mr. Meredith prosecuted, and Mr. Beattie appeared for the accused. The evidence for the Crown was to the effect that the accused stole a bottle of wine and some Rosary heads from the Holy Cross Convent, and that on the same day he indecently assaulted several young girl students at the convent. The evidence supporting the theft charges was based on finger-print evidence. The accused gave evidence denying the charge, and asserting that the Roaary beads were his own. Durincr cross-examination it was shown That the prisoner had a large number of previous convictions against him, most of which were for similar offences.

Mr. Beattie attributed the evidence of the girls to one of imagination, and suggested that the man who assaulted them was not the accused. He submitted that there was no evidence to substantiate the charge of theft, pointing out that Rosary beads were similar, and anyone could "have beads that resembled others. He would suggest that as the accused had other convictions against him, he was only suspected of the offences.

His Honor said the facts seemed comparatively simple, and there should be little difficulty in arriving at a conclusion. The facts seemed fairly clear, and in the first case there was no doubt that some person stationed himself at the school,* and that some acts of indecency took place. As far as the imagination of the girls was concerned, he would say that hardly applied where four or five girls said the same thing. The matter resolved itself into one of identity, and required carefi'l consideration, but if that had not been proved, the evidence certainly went a long way in that direction.

Dealing with the charge of theft, his Honor said that finger-print evidence was recognised throughout the world as the finest means of evidence. In the present case the prints established beyond a doubt that they were those of the accused.

The jury retired at 3.45 p.m., and returned after four hours' deliberation with a verdict of guilty of theft, and a disagreement on the indecent assault charge. The accused was sentenced to four months' imprisonment for theft, and a new trial was ordered in respect of the other counts. The trial will probably take place at the next criminal sessions. GUILTY OF INDECENCY. GAOL FOR ELDERLY MAN. A verdict of guilty, with a strong recommendation to mercy on account of his past good record, was returned by the jury in the case against Henry Cunningham, (Mr. Sullivan), who yesterday appeared before Mr. Justice Stringer on charges of carnal knowledge of a girl under 10 years of age. In passing sentence, his Honor remarked that he quite agreed with the verdict. He said that although offences against young girls were deemed to be serious, he felt able in the present case to give effect to the jury's recommendation. The accused would be sentenced to imprisonment for six months.