THE 'SPORTS SPECIAL'

Evening Star, Issue 19351, 10 September 1926, Page 5

THE 'SPORTS SPECIAL'

TO-MORROW'S BUDGET Dunedin’s main interest in sport to-morrow centres upon the fortunes of Otago in a dual encounter with Canterbury—the Rugby representatives here, and the Soccer representatives in Christchurch, the latter game being Otago’s first trial of strength for the English Trophy*. Full reports of both these encounters will be featured in the ‘Sports Special,’ whose own reporter accompanied the Otago team to ChristchurchAll other games locally and throughout the dominion will be adequately dealt with, and tbe issue will contain all the Wanganui race meeting results, and the usual attractive budget from our special writers. Honor, need I proceed further with this case? Hus Honor: I cannot see how it is possible to say the conviction in the case was against the weight of evidence. . ' When Mr Adams referred to the cash box case, His Honor said the ueak point in it was that there was a gap. Mr Adams: In point of time. His Honor: The theft conld have been committed before the boys arrived on the scone. Mr Adams said tbe has was unattended for only a short time. The driver was away for only ten or fifteen minutes. His Honor: If they get a now trial in this case it will bo after serving tho sentence. Mr Adams pointed out that the driver had shifted the box from its usual place and put it under tho hack seat in the tool box. It might be reasonable to say that someone came before the boys arrived and took the box. There would be only a short interval for anyone to get in and unearth the box. His Honor said that if someone had formed the design to steal the box he might have watched the driver shift it. Mr Adams: It is possible to conceive circumstances. These men were searching in the bus. His Honor: And striking matches under the seat. Mr Adams: There was no explanation given as to what they were doing in the bus. Ho added that the identity in this case was not questioned. His Honor: Tho boys certainly contradict each other. There is no question of tbe boys’ honesty. It shows how faulty their observation most have been. . . Mr Adams: The presumption ot innocence was adequately stressed by their counsel to the jurv, Tho most significant evidence in the case was their conduct afterwards. Taking that into account, he thought the ]irry was entitled to set aside the only possible hypothesis—namely, that someone else got into tho bus before the boys arHis Honor remarked that it was a curious fact that Harris had in. his possession nine sixpences and twelve threepences. , Mr Adams: That looks like a cash His Honor: Either a collection box or a eontjucter’s box. Mr Adams went on to quote the evidence, and said it was a significant fact that when a detective questioned Polwarih the latter said he had not been at the Exhibition that night, nor had ho been in the company of Harris, but went to bed at 10 o’clock. In cases quoted by Mr White there had been improper practices by the police, but ihere wa-s no suggestion of thst in ’to© present cases. Mr White, in reply, submitted again that tho whole conduct of tbo accused was consistent with innocence. They had certainly acted strangely outside (ho hotel, but it was late at night, and they were trying to get drink. Ills Honor said that if a now trial were ordered in tho cash box ease, it rnuld not take place till November 'at (he earliest. By that time they would have served their sentence for it. Mr White said that tbe accused would still wish to endeavor to prove their innocence. His Honor said that at no stage whatever had the accused put forward what thov said was the truth of tho matter. It was usual when an application was made to tho Minister of Justice for the accused to say what the facts were. Mr White said that n_ petition _ asking for rncrcy had been signed by J,OOO people and sent to Parliament. It was addressed to tho Minister instead. Apparently they had adopted neither one procedure nor another. They intended to ask for a new .trial then. His Honor intimated that he would consider the matter.