THIRD TRIAL

Evening Post, Volume CXXIV, Issue 27, 31 July 1937, Page 22

THIRD TRIAL

MAN FOUND GUILTY

BLOWING UP A HOUSE

(By Teloarnpli—Ficss Association.) CHRISTCHURCH, July 30,

On his third trial on a charge of blowing up a house at Stillwater, Maurice Moore was found guilty by a jury m the Supreme Court at Christchurch today A recommendation for mercy was made. Moore, who is a bricklayer, of Slillwatcr had been tried twice on- the West Coast, but oaeh time the jury failed to agree. The charge was thai on March 5. 1937, near the Arnold River bridge on the Gievmouth-Reefton road at Siillwater. Mooie wilfully damaged a dwellinghouse owned by James Doen Biosnan to the extent of £500, thereby committing mischief. Mr A W Brown, for the Crown, said that the evidence would show tint Moore mirclnsed explosives, took them to the house placed them m various pirts ol tho building, and blew it to pieces After evidence had been heard, Mr C S Thnrrm. for the accused, said that the Crown's case tested on the accused's threats and his purchase of gelignite. The only definite threat to do anything to the house was made in 1923, and it would be absurd to convict him for it nine years later. Mr. Justice Northcroft, summing up, said it was true there was no evidence that Moore had actually been seen committing the crime alleged, but if no one was to be convicted unless seen committing an offence then an enormous amount-of crime would go undetected. In this case- the Crown depended on what was known as circumstantial evidence There were many cases in which circumstantial evidence wa^ stronger than evidence coming horn an eye-witness. A good deal had been made, irrelevantly he was afraid, of the eailier history of Moore's association with the house If that earlier history woke any sympathy for the nccused, then the jury should dismiss that sympathy His Honour reviewed the evidence for the Ciown under four heads, evidence of motive, oppoitunity, the accused's threats and his altitude as cons'stent with guilt. Someone undoubtedly had committed this crime deliberately and only someone with a vpi v strong motive would have done lit because, whoever it was, he was Irinnii)" a veiv °ioat risl- Th» ft own | submitted that the only man with that 'motive was Moore.

The juiy retired at 420 pm and ictuined at 550 pm with a verdict of guilty and a recommendation for mercy. Prisoner was remanded for

sentence