"NOT SAFE TO CONVICT"

Evening Post, Volume CXIV, Issue 103, 28 October 1932, Page 9

"NOT SAFE TO CONVICT"

VERDICT OF NOT GUILTY

The two men, John George Furey and Francis Xavier Tohill, whose names ■were mentioned during, the trial of Chester Lincoln Nazelrod, came up for trial in the Supreme Court to-day at the conclusion of. the Nazelrod case. Furey and Tohill were,jointly charged with breaking . and entering the house of . Charles Bridger Walker in Carlton Gore road and stealing a number of watches and other articles of a total value of £.66 ss. There was,a further and alternative charge against them of receiving three of the watches knowing them to have been dishonestly obtained. :

When the charges had .been read Furey pleaded' guilty to the charge of receiving. His plea was accepted by the Crown Prosecutor (Mr. 'P. B. K. Macassey) and he was remanded for sentence. Tohill, whose counsel was Mr. A. Hogg, pleaded not guilty and the ease against him was proceeded with. . .

The short' facts, as presented by the Crown, were that Mr. Walker,^ barrister and solicitor, left his house with his wife and family at 7.45 p.m. on 18th August. They returned about 10.30 p.m. and found that the place had been broken into and that the articles'mentioned in the charges , were missing. Tohill's premises wore searched on 30th September,-and there were found three of Mr. Walker's watches, two of which had been broken up. When he was asked where he got them from Tohill replied that they were given to him by ,Fuicy. The Crown/s suggestion was tha.t Tohill knew when he got the watches' that they were stolen.

-At tho conclusion, of the Crown's case Mr. Hogg submitted that there"was no evidence to go to the jury on the counts in the indictment.

. His Honour Mr. Justice 'MacGregor told the jury that he did not think it would be safe to convict . on the evidence, and the jury, without retiring,