JURY TAKEN TO TASK.

Evening Star, Issue 17234, 26 December 1919, Page 3

JURY TAKEN TO TASK.

VERDICT UNWARRANTED

JURYMEN NOT TO SERVE AGAIN,

Strong action upon the finding of a jury in a case of shoplifting was taken bv Judge_ Walsey in the Court of General Sessions in Melbourne on the 4th inst. The case (reports the ' Argus') was one In which three women, named Nellie M'Kay, Bessie Williams, and Mary James, were charged with the larceny of 17 pairs of stockings from the premises of George and George Proprietary. Limited, in Collins street, on 6lh October. The Crown case was conducted by Mr Reynolds, and the three accused wero defended by Mr Ridgway. The Crown case was that on 6th October the three women entered George and George's shop and went to the hosiery counter, where James asked to be shown some stockings. The saleswoman displayed a number of pairs, and James asked to be shown some of better quality. The saleswoman then went to a lower floor to secure them. After being absent for a few momenta she returned, but, finding the goods to be damaged, she made another visit to the ground floor. Upon her return Williams and M'Kay had disappeared, and James, who remained, purchased a pair of stockings. Before James left, the saleswoman noticed that a quantity of hosiery was missing, and reported the fact to the superintendent. He followed James to the intersection of Collins and Swanston streets, where James was joined by two other women. At his request the three accused returned to the store, where a suit case carried by M'Kay was opened and found to contain 17 nairs of stockings, which were identified as those taken from the shop. When questioned, M'Kay said to the superintendent: "They told me to take them." In a statement made by M'Kay to Plainclothes Constable M'Guffie, and signed by her, she said 1

My name is Nellie M'Kay. lam a domestic servant re/siding at 12 St. James street, Prahran. At 3 p.m. on 6th October I met Williams and James, and went with them to Myers's, but they did not buy anything. Then we went to Georges', to 'the hosiery counter, where Mrs James bought a pair of stockings. While we were at the counter I opened my suit case and took 17 pairs of stockings from the counter. While I was taking them Mrs James and Mrs Williams were standing alongside me. Mrs Williams and I left Georges' together, and Mrs James stayed behind to pay for the pair of stockings she had bought. We walked to the town Hall, where we were joined by Mrs James. The three of ua were standing together, when a man came up to us and accused us of taking the stockings. We went back to the shop with him, and I handed him the suit case I put the stockings in. The 17 pairs of stockings found in my suit case were the ones I took from Georges' shop.

For the defence Mr Ridgway said that there was nothing to connect Williams and James '.vith the offence. 'So far as M'Kay was concerned, she would say that the statement alleged to have bsen" made by her to the police was untrue. She was in a dazed state, and all she remembered was a policeman typing something, and when she was asked to sign the paper she did so, not knowing what it was about.

None of the accused gave evidence upon oath, but made statements denying the charge. M'Kay said: "I sat with the detectives. I don't remember what I said."

The jury, after being out for over an ! hour, returned a verdict of not guilty against the three accused. When it announced its decision Judge Wasley said : "Gentlemen, I am going to take a course that has never been taken before. In taking your verdict I will finally discharge you, and if you can go home and feel you have done your duty, consistent with your oath, in giving tho verdict you have, then by all means do so. If you think you have acted honestly in finding the girl M'Kay not guilty I will not permit you to serve on any other jury here. There has never been a case before me in court in which the evidence has been so clear. You will be finally discharged. I will not permit you, so tar as I am concerned, to serve on another jury." An application was then made bv Mr Reynolds for the stockings to be returned to George and Georges'. In granting the application Judge Wasley ?aid -. " Certainly. _ Seventeen pairs of stockings were found in M'Kay's suit case, and she gave no > explanation of how they got there. She said herself that she stole them. The jury say she is a liar."