CITY ROBBERY

Evening Post, Issue 20, 23 July 1935, Page 11

CITY ROBBERY

THREE MEN ON TRIAL

FINGER-PRINT EVIDENCE

Finger prints on empty bottles found by detectives under a skating rink in Vivian Street, and one on the blade of a knife, played an important part in the Supreme Court in the Crown's case against Henry Horace Smith, William Alexander Millar, and Samuel Jamieson McKee on a charge of breaking and entering the premises of New Zealand Fisheries Ltd., and theft, and another of receiving stolen property. The premises of New Zealand Fisheries Ltd. were broken into on the night of May 29 or early on the morning of May 30, and a safe was blown open. In addition to a small amount of money some bottles of lager beer.and brandy were stolen. A knife was found on the premises, which, the Crown alleged, bore the finger print of McKee. Some empty lager beer bottles,-and an empty brandy bottle were found under the skating rink, and it'was alleged that these had been stolen from New Zealand Fisheries Ltd. It was also alleged that one of these bottles bore the finger prints of the three accused. Referring to a bottle bearing Miller's finger print, found under the skating rink, Mr. Hardie Boys, who appeared for the accused, Millar, said that Millar's explanation as to that would be testified to by his brother David Millar. The explanation was that on Thursday, May 30, as a result of certain conversations, the accused Millar and his brother David went across to Smith's fiat after the departure of the detectives. As a result of a conversation between Mrs. Smith, David Millar, and the accused (Millar), they went over the the skating rink where the detectives had been interested in something. David Millar would say that Mrs. Smith brought out five bottles from under the skating rink. These, he would say, were handled and looked at both by the accused Millar and himself. After some discussion they were put back under the skating rink.

David Millar gave evidence on the lines indicated by counsel and was cross-examined by the Crown Prosecutor (Mr. P. S. K. Macassoy).

Mr. Macassey to witness: When the police were investigating this matter they also asked Millar if he could account for his finger prints, and he said that he could'not?

Witness: I asked him to be frank about that. I advised him to be frank with the police.

Mr. Macassey said that if Mrs. Smith had handled the bottles her finger prints should have appeared on them, and he wished to call evidence on that matter.

Detective-Sergeant Dinnie, recalled was asked by Mr. Macassey what'he had to say about the evidence.of the accused's brother as to Mrs. Smith having handled the bottles.

"That is absolutely inconsistent with my examination of the finger prints on the bottles." said the Senior-Ser-geant. I examined the four bottles produced, and also a stout bottle, which were under the skating rink, and there was only one. finger print which' I should have any idea of as being a woman's print. In my opinion these bottles were very carefully handled. There was no sign of them having been rubbed down with a rag, and I think it impossible that they should have been handled as described by the last witness without bearing numerous' finger prints on the bottles."

:Mr.: WTP. Rollings', who appeared for Smith, in his address to the jury contended that there was nothing to the Crown's case to show or suggest that three men had broken into New Zealand Fisheries Ltd. It was also contended by Mr. Rollings that the Crown had not found beyond doubt that the bottles had come from New Zealand Fisheries Ltd., and that this one poor finger print alleged by the Crown to be . Smith's was not sufficient evidence to implicate him.

Addressing the jury on behalf of McKee, Mr. J., Meltzer said that he would endeavour to point out where the Crown might have, failed in establishing the guilt of the accused, McKee. Counsel drew attention to the- fact that nothing incriminating with the exception perhaps, of some detonators, was found at.McKee's bach. As to the detonators, Mr. Meltzer stressed the fact that others had access to the place where they were found.

The Chief Justice (Sir Michael Myers) then summed up and the jury retired at 12.45 p.m.