MURDER CHARGE.

Auckland Star, Volume LXIII, Issue 259, 1 November 1932, Page 5

MURDER CHARGE.

MAORI BOY ACQUITTED. PROOF NOT SUFFICIENT. JUDGE'S ADVICE TO JURY. After a retirement of 20 minutes the jury returned a verdict of not guilty in the charge against a Maori youtn, Heta Fred Gardner, aged 16, of murdering an old man, George Crewe, in his hut at Euatangata, near Whangarei, about May 27. Crewe was discovered dead in his hut on May 28, but it was not until the police investigated the next day that he was fbiind to have been killed with an axe. The case was heard before Mr. Justice Smith. Mr. Trimmer, of Whangarei, and Mr. Turner appeared for the accused, and Mr. Hubble conducted the hearing for the Crown. Mr. Hubble yesterday afternoon read a statement from Dr. H. M. Buchanan, superintendent of the Auckland Mental Hospital, who said that accused's intellect was not more than that of a boy of nine or ten years, and he appeared to be feeble-minded. Mr. Trimmer contended that the Crown had failed to establish conclusively the charge against the accused, ha had been seen at Titoki on the Wednesday before the alleged murder, and at Te Matarau on the Friday, the day death was presumed to have occurred. The Maori boy who had been seen in the vicinity of deceased's hut had not been identified. His Honor said that the Crown had proved circumstances showing an opportunity to.commit murder, but proof had to be beyond reasonable doubt. The evidence as to the time of death presumed it to be Friday afternoon, when the accused was not at Kuatangata. His Honor said that it seemed to him that it would be unsafe for the jury, on the evidence presented, to sheet home to the accused the death of Crewe. Accused was discharged.