JURY FAILS TO AGREE

Press, Volume LXXIII, Issue 22109, 3 June 1937, Page 4

JURY FAILS TO AGREE

NEW TRIAL ORDERED EXPLOSION IN HOUSE AT STILLWATER After retiring from 3.45 p.m. to 7.45 p.m. the jury failed to agree in the Greymouth Supreme Court in the case in which Maurice Moore, aged 65, was charged with wilfully damaging by explosives a six-roomed house, valued at £SOO, the property of James Deen Brosnan. The Hon. Mr Justice Ncrthcroft presided. Moore pleaded not guilty. He was represented by Mr J. W. Hannan and Mr F. A. Kitchingham was the Crown Prosecutor. A new trial was ordered on the motion of Mr Kitchingham, and, when asked by his Honour, Mr Kitchingham said he would be able to proceed' at the present sitting. The accused’s bail was renewed in self £2OO, with two sureties of £IOO. In his address to the Grand Jury, his Honour said that Moore had at one period been in possession of the house, although he was got to leave at last, with a good deal of difficulty, it appeared that Moore resented very much being evicted and threatened Brosnan with damage to the place, indicating at first that he was apparently disposed to burn it down. When the accused was shown that to _ burn the house down would not injure Brosnan. Moore then appeared to have indicated that he would take other steps to injure Brosnan. On the occasion of the incident the accused was living nearby, and it was clearly sjiown by evidence that he had every opportunity of committing the offence charged against him. The place was destroyed by explosives. Neighbours heard the noise, went over, and found the place seriously wrecked. On the day on which the place was destroyed the prisoner had bought explosives. When he was spoken to by the police he was evasive and showed considerable disquiet, if not a guilty conscience on the suggestion. His Honour thought the jury would have little difficulty in deciding that it was a case where the prisoner should be put on his trial. The evidence on the lines of that given in the Magistrate’s Court on May 18 was given by witnesses. Case for Crown Summing up, Mr Kitchingham Said the jury was concerned with only one question, and that was whether Moore was responsible for the explosion which destroyed Brosnan’s house. Certain evidence had been obtained in cross-examination by the defence to show the nature of the transactions which had occurred between the accused and Brosnan some years ago. That evidence had nothing to do with the facts. Mr Kitchingham submitted that Moore was the only person in the district who had a grudge against Brosnan, and the only one who could be responsible for the crirrte. He was near the house and had had the means of causing such damage as had occurred. Mr Hannan said that there was no ono present to see the destruction of the house, and no evidence had been brought to show how it was destroyed. The Crown relied on purely circumstantial and meagre evidence to contend that the house was destroyed and that it was destroyed by the prisoner. He said that there was no evidence to show that the explosives purchased by prisoner were the same as those used to blow up the house. His Honour said the onus of proof was on the Crown. In the case there was no real controversy over the facts given by the Crown, and the only question for the jury to consider was what was the proper inference from these undisputed facts. His Honour said it was important that not only did Moore purchase the gelignite, but that he declined to give •a satisfactory statement such as an innocent man could have made, and would have been anxious to give, knowing that he would be under suspicion. DAMAGE TO TREES AND LAWNS ASSISTANCE OF POLICE TO BE SOUGHT The opinion that the police of Westport could assist the borough council in its efforts to beautify the town by patrolling the back streets instead of confining their attentions to Palmerston street was expressed by the Mayor, Mr J. Kilkenny, at the monthly meeting of the Borough Council last night, when damage done to young ornamental trees and lawns on the flanks of the streets was being discussed. The Mayor said that the police seemed to think that all the crimes in the Buffer district would be committed in Palmerston street. A constable was rarely seen in the back streets looking after the property of citizens. “I am sure none of you have seen constables in the back streets,” said Mr Kilkenny. Cr! C. M. Robertson said that he thought that if the citizens realised their responsibilities they would do more good than any police patrol. It was decided to write to the police asking them to assist the council to protect beautifying work. HOKITIKA RETURNED SOLDIERS There was a large attendance at the annual meeting of the Hokitika branch of the Returned Soldiers’ Association. Mr W. E. Brown presiding. The annual report and balance-sheet were adopted. It was reported that the membership now stood at 306. The election of officers resulted as follows:—Patron, Mr D. J. Evans; president, Mr W. E. Brown (re-elected); vice-president, Mr P. R. Whitford; committee, Messrs W. Cropp, W. Eastgate, G. Gilchrist, G. A. King, T. A. Lynch, R. G. Miller, A. Samson, C. Hart, T. Stuart, and Dr. Childs; secretary, Mr R. Paterson; auditor, Mr F. McCabe; delegate to annual conference at Wellington, Mr P. R. Whitford. DENNISTON WOMEN’S INSTITUTE Mrs J. Worgan presided at the monthly meeting of the Denniston Women’s Institute, when the roll-call. “The most Useful Thing in the House,” was answered. Three new members were welcomed by the president and Mrs Worgan gave an interesting demonstration on hemstitching. The monthly competition, bedroom novelty, resulted: Mrs G. Hill (special). Mrs T. Dellaway 1. Miss T. Muir 2. Mrs D. Coburn 3. The social hour was in the hands of Mesdames D. Coburn and J. R. Pollock. The competitions were won by Mesdames J. Lockhart and H. Baird.