AUCKLAND SESSIONS

Greymouth Evening Star, 13 August 1921, Page 2

AUCKLAND SESSIONS

JURY’S DECISIONS. (Press Association.) AUCKLAND, August 12. At the Supreme Court to-day the third trial of Charles de Lucca was concluded, on charges of stealing and receiving stationery and fountain pens, of a total value of £lB9, the property of Collins Bros and Co. It was alleged that accused was supplied with the goods by a fellow employee, Trevor Napier Peake, who had admitted stealing them and had been sentenced After two hours’ retirement the jury returned a verdict of not guilty. His Honour : I suppose we may assume you read his confession (the remark referring to a signed statement made to the police by De Lucca). The jury did not reply, and accused was discharged. Thomas Henry Looinb, a married man, aged 58, was charged with alleged unlawful carnal knowledge, or alternatively attempted carnal knowledge of, and attempted indecent assault on a 15-year-old girl on Alay 16.

In evidence the girl, who is mentally deficient, said she didn’t know the month of the offence. She had just said it was after the Police Court trial and then that it w’as before the Christmas holidays. Cross-examined she said that if the'wife of accused had fixed October as the date she would not contradict her. Counsel said the defence was that the alleged offence occurred in October and as more than six months had elapsed no prosecution could be brought. Accused said he attempted to have carnal knowledge of the girl about October, this being the only occasion be did so. Cross-examined, he said the statement made to the police in June, that the offence occurred about three months previously, was incorrect.

His wife gave evidence that the only time she spoke to the girl was in October. After an hour’s retirement the jury returned a verdict of guilty, with a rider that the girl should be put under proper restraint. Counsel moved to apply for a new trial on the ground that the verdict was against the weight of evidence, and asked His Honour to state a case for the Court of Appeal, whether the general verdict on three courts could stand. ’lie Judge reserved the question.