SUPREME COURT

Hawera & Normanby Star, Volume XLI, Issue XLI, 13 August 1921, Page 5

SUPREME COURT

AUCKLAND SESSIONS.

(BY TELEGRAPH —PEESS ASSOCIATION.) AUCKLAND, August 12. At the Supreme Cdurt the third trial of Charles Jospeh De Lucca on. charges of stealing and receiving stationery and fountain pens, of a total value of £189, the property of Collins Bros, and Co., was concluded to-day. It was alleged that accused was supplied with goods Jby ia fellow employee, Trevor Napier Peake^ who admitted stealing them and who has been sentenced. After two hours' retirement the jur v brought in a verdict of not guilty.

His Honor: "I suppose we may assume you read his confession" (the l^emark referring to a signed statement made to the police by De Lucca). The jury did not reply and accused was discharged. Thomas Henry Loomb a married man, aged 58, was charged with alleged carnal knowledge, or alternatively with attempted carnal knowledge of, and attempted indecent assault on a 15-year-old girl on May 16. In evidence the ariri, who is mentally deficient, said she did not know the month of the alieged offence. She first said it was after the police court trial and then it was before the Christmas holidays. Cross-examined, she said that if the wife of accused fixed October as the date she would not contradict her.

CounselLsaid the defence was that the alleged offence occurred in October and as more than cix months elapsed no prosecution could be laid. Accused said he atempted to have carnal knowledge of the girl about October, this bemg the only- occasion he did so. Cross-examined he said a statement he made to the police in June that the offence occurred about three moriths previously waß incorrect. ihe wife gave evidence that the only time she, spoke to the girl was in Oc-

After an hour's retirement the iurv rr^+wV6^ ? f with a a rider that the girl should be put unproper restraint. tr£?U^fL moVed to j aPP eal for a new S'l"- tke.JHroiincfs that the verdict oS-i2^? 8* 4*® we,ght of and asKed His Honor to state a case for vS£w rt of^PP eal whether a general verdict on three counts could stand me Judge reserved decision.