THEFT NOT PROVED

Dominion, Volume 29, Issue 254, 23 July 1936, Page 2

THEFT NOT PROVED

Verdict of Receiving Radio Sets Adding a strong recommendation to mercy, a jury iu the Supreme Court, Wellington, • yesterday found! Edward Devereaux, a barman, aged 28, guilty of receiving two wireless sets knowing them to have been dishonestly obtained, and acquitted him of stealing the sets. It had been alleged that Devereaux had taken the sits, which were owned by Philips Lamps (N.Z.), Ltd., from the firm's ware house at the corner of Wakefield Street and Blair Street. The charges were part of a series arising from thefts from the premises between November 30 and January 3. The Acting-Chief Justice (Sir John Reed) was on the bench. Mr. C. EvansScott prosecuted, and accused was represented by Mr. R. Hardie Boys. The trial cpmmenced on Tuesday afternoon, and wris continued yesterday, the jury retiring at 4 o’clock anti returning with their verdict after two hours and thre’-quarters. Addressing the jury at the conclusion of the evidence Mr. Boys said they should not eliminate the possibility-of Devereaux beitisr on his trial only because of a spiteful, wicked fabrication by other men. The facts upon which the Crown relied were that another man broke and entered the warehouse and said that Devereaux was with him: that a taxi-driver said he saw Devereaux do it: that from a tbirc man Devereaux was alleged to have claimed two sets ns being his: that this third man said he saw one of the stolen sets at Devereaux’s place: and that another man dismissed a set with Devereaux. The Crown’s ease rested on unsatisfactory witnesses, out of whose evidence the Crown could not ask the jury to pick our m-nmbs of truth from a mass of rubbish Counsel drew attention to the statements by the Crown witnesses which, be con tended showed whv the jury should nof relv on fhoir evidence. ' Mr Evans-Scott said that th» witnesses had not been shaken in their evidence on important facts against Devereaux, and if only one of three of them were believed it was sufficient Accused was remanded for sentence.