CREAM TESTS

Hawera & Normanby Star, Volume XLIV, Issue XLIV, 7 May 1924, Page 5

CREAM TESTS

TWO MEN ACQUITTED

SIMPSON THOUGHT HE WAS

GUILTY

JURY DECIDES OTHERWISE

(3Y TELECItAPH —PItESS ASSOCIATION.) PALMERSTON N. 5 May 6. The local session of the Supreme Court opened this morning before Mr Justice Hosking. True bills were returned in five cases, wherein Henry Simpson was charged with Arthur Melvm Taylor, John Jens Sorens Thomasen, Otto Krughen, Richard G&irgan, and Alfred Wright with conspiring to defraud in connection with the supply of cream to the Cheltenham Dairy Company.

In the case against Thomasen, w\ho was charged that during October he had with Henry Simpson conspired to defraud the Cheltenham Dairy Company of £89 18s by means of false cream tests, no defence was set up. An extraordinary legal situation arose when the jury returned with a verdict m the case of Thomasen of not guilty of conspiracy but guilty of derraudmg the company through Simpson s neglect. The verdict caused some consternation his Honor confessing tnat he could not understand it and pointing out that the question was whether the accused Thomasen had conspired with intent to defraud The foreman: "The jury finds no agreement between the two men " His Honor: '/In that case I shall take the hnding as one of not guilty. Does the jury understand that Simpson has already pleaded guilty to having conspired with Thomasen?" The jury dealt with the case from Ihomaseirs point of view, and found Si. * dno part in the conspiracy ihe Crown Prosecutor suggested that t]? e_ jury be asked to reconsider its verdict, but this was disallowed. His Honor said the best way would be to discharge Thomasen, and, as other charges were pending against him, he sh mu, ld I>e detained till to-morrow *fc t^ v™? Prosecutor said Simpson should be allowed to withdraw his plea and be discharged. His Honor: "But he will have been arraigned on a criminal charge and discharged without trial or plea " As it required two to form a conspiracy Simpson, according to the jury, was not

In addressing Simpson his Honor said: "You have pleaded guilty to conspiracy. You may have thought you were guilty, but the jury has found tnere was no conspiracy." .n.so*,* 1 were discharged, though Simpson was detained on other Sl m o ehar Ses in respect to several other farmers.