NOT GUILTY VERDICT

Dominion, Volume 35, Issue 20, 18 October 1941, Page 5

NOT GUILTY VERDICT

Attempted Theft Charge

"Without leaving the box, a jury of 12 in the Supreme Court, Wellington, yesterday found John Sandford Valvot, etablehand and labourer, aged 42, not guilty of a charge of attempted theft from the person at Wellington on July 16. Mr. C. H. Weston, K.C., with him Mr. W. R. Birks, conducted the case for the Crown, and accused, who pleaded not guilty, was represented by Mr. T. P McCarthy, Robert Joseph Kelleher, licensee of the Post Office Hotel, Wellington, said that he was approached by accused in the private bar of the hotel about 5.50 p.m. on July 16. After some conversation accused left the bar, and witness did not see him again till 6 p.m. that day. As witness stood near the front doorway of the hotel, accused came along aud crowded against him, putting bis left hand on witness's left shoulder. Witness felt accused’s right hand in the breast pocket of his coat. He had nothing of value iu the pocket. Witness grabbed accused’s right hand, and accused him of having put his hand in his (witness’s) pocket. He told accused that if there had been a constable at hand he would have given him in charge. After witness had closed the hotel, he went out and hailed a constable, and gave Valvoi in charge. Accused said it was a mistake. Valvoi, at that stage, appeared sober, and was taken by the constable to the Central Police Station. Nearing the police station, Valvoi started to wobble on his feet. Constable F. Mawson said that when arrested accused said it was all a mistake ; be had never robbed anyone. Accused was quite sober at the time, but on reaching the police sta.tion he said, ‘‘Don’t charge me with theft; charge me with drunkenness.” He then commenced lolling about the watchhouse, and carrying on as if he were drunk. His Honour, at this stage, said he would tell the jury that there was no case to answer. No jury on the evidence would say that; the ease had been proved beyond all reasonable doubt. Mr. McCarthy, for accused, said that Mr. Kelleher had only felt the hand in his pocket Accused had had a few drinks, and, like most men in that state, pawed Mr. Kelleher. Valvoi had made no attempt to run away", but had stood talking outside the hotel for a quarter of an hour. When charged with attempting to rob the hotelkeeper, he said it was all a mistake. His Honour, in summing up, said Mr. Kelleher hon-estly believed that accused had attempted to pick his pocket, but if he (his Honour) were a member of the jury, he would not consider that the evidence was sufficient to establish accused’s guilt beyond all reasonable doubt. Without retiring, the jury returned a verdict of not guilty, and accused was discharged.