TWO MEN ACQUITTED

Gisborne Herald, Volume LXVIII, Issue 20493, 1 March 1941, Page 9

TWO MEN ACQUITTED

BREAKING AND ENTERING SUPREME COURT TRIAL FARMER AND NELSON Two men, Robert Henry Farmer and John Nelson, who appeared before Mr. Justice Johnston and jury yesterday on a charge of breaking and entering with intent to commit theft, were Eound not guilty by the jury. The accused were represented by Mr. L. T. Burnard, with him Mr. D. W. lies. The jury comprised the following: Francis L. V. Pyke, foreman, John A. Morrison, Trevor E. McFarlane, John A. Cornelius, Henry Moffitt, David Miller, Alexander K. Russell, John McLean, John Scott, David Johnston, George R. Ardern and Joseph Hitchcock. Following the outline of the case by the Crown prosecutor, Mr. F. W. Nolan, Frank McDonald, departmental manager for Common, Shelton and Company, Limited, stated that he left the premises secure at noon on January 25. Paint was stacked near two windows which were broken during the night. Constable G. A. McCurrach gave evidence that while he was cycling along Palmerston road at about 11 o’clock that night he heard the sound of breaking glass, and as he jumped off his bicycle he heard a similar sound. The witness found Farmer beside the broken window, and he stated that he had fallen through, the window. A sugar bag was tied round his right hand, which was thrust through a broken pane. When Nelson saw the witness he walked on into Peel street. Nelson was found later on the corner of Bright street and Palmerston road, but denied having been with Farmer earlier. Movements Traced To Mr. Burnard, the witness said that both men had been drinking, but were not sufficiently bad to be arrested for drunkenness. Detective-Sergeant R. H. Waterson said that in a statement Nelson traced his movements, maintaining that although he was in Farmer’s company earlier in the evening they were not together later. Mr. Burnard submitted that Nelson could not have broken the window, because when the constable heard the noise he said Nelson was some distance beyond the window and looking back. Nelson had done nothing to warn his friend, and if a crime had been committed surely Nelson would have warned his friend of the approach of a constable. The window was on the road level, and Farmer might have stumbled and fallen through the window. Mr. Nolan said that Nelson was in company of and within eight to 10 paces of Farmer, who was found almost in the act of breaking the window. Following His Honour’s summing up, the jury retired, and after a brief retirement returned a verdict of not guilty in respect of both accused, who were discharged.