SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 9221, 25 May 1910, Page 2

SUPREME COURT.

RE-TRIAL OF ARCHIBALD MUIR

JURY AGAIN DISAGREE,

The iurv again failed to agree yesterda, in'X Atrial of Archibald Mu.r, I charged with the theft of 37 cheques valued at .over £800 from the National Mortgage and Agency Company at LongbU.After addresses by counsel yesterday afternoon, his Honor, in charging the iurv, put seven issues before them to 'answer, and stated that the crux of the whole of them was question Iso. 2. Was Kerson a real or fictitious person? following were the issues : (1) Did the prisoner represent to tne company that. Kerson was a real person having real transactions m selling bones, fat and horns to tho company .' (2) Was Kerson a real or fictitious per-

SO (3) Did the prisoner represent to the company the several achverics of the bones, fat, and horns foi which respective cheques were given. (4) Were the said representations untrl?s)' Did the prisoner at the time he made such representations make with intent to fraudulently obtain _ po session of the respective cheques and m Scrance thereof, request the company i tn forward the said cheques by P S a letter addressed "W. Kerson" to addresses given by the prisoner • h (6) Did the company, reljmg on sue representations and request, J h said cheques to the address gnen by the Pr (7) >n Did the prisoner fraudulently ob- I tain , the said cheques and convert them t °4ft 3 c r two "hours the jury returned, and had the evidence of Messrs Glendinning and Anderson re-read. ihej said they could only agree on thice issues none of which were material, and they again retired. The jury then. stayed out their full four hours. They ted they could return a majcrity verdict, but hie Honor could not "cccptthat, arid Mr Loughnan then moved for a new trl His Honor ordered the new trial to be held 011 Monday next.

FALSE PRETENCES AND THEFT,

A dannevirke case William Worthington, a man well on in years, and evidently well educated, was charged with false pretences and theft-tho former on February at Dannevirke, and the latter on March t at Wellington. , The following jury were empanelled. -Arthur Sutherland (foreman) James Gore George Greer, Arthur Sutherland, Reginald H. Whalley, John A. Lissmffton, James Passey, Gerald We", Mi chael O'Reilly, Charles E. Smith Hemy S. Wycherley, William P. Wright, Chas. W. Edmonds. , , Mr C. A. Loughnan appeared for the Crown. Accused was undefended. Annie Brown, callcd said she was a housekeeper residing at Dannevirke She was housekeeping at the Coffee , in February last, when accused was stay- j ing there. He told her he was in great difficulties. He had obtained a situation in Napier under the Crown Lands Su veyor at a salary of £800 a year.. It would be open to him in about two months. The gentleman who was there had a house, and if accused could go there immediately and take,an myentory of the goods in the house he could there in a week. He said he had cabled Home for money to his father, who was Judge Worthington, of Devonshire. Ho was expecting a reply and wanted some money to make it up, Witnfess replied that as accused was friends with a local clergyman and some of the gentry of Dannevirke he ought to be able to raise the money easily. He said, No, they are just the people I ,don t want to ask." He said that he was m bad health, and that was why he was in pecuniary difficulties Witness said she thought she could lend him a httl money, as he only wanted it for a week. Taking accused for a gentleman wlfcn <* s did not ask him for anyacknowlcdgment. She lent him £15. Efo was to have left for Napier by the 9oc!ock train next morning, but as he did n come down to breakfast witness went to his room and found ho had left for Palmerston by the 7 train. Witness did not hear from accused, and her sus nicions being aroused she communicated ith he policc. She would not have lent the money had the statement about the billet not been made. .Accused had two rinsrs belonging to witness in his possession. He had snid he a going to a social in the country whor « h ? to play the piano, and he wGuld hko to borrow witness's rings. He got them and returned them next day. On the • following Sunday he again borrowed them because lie was going to Practice for the "Messiah." Next day he lctt, nnrl tho rings went with him. Henry Grant Price, chicf draughtsman Lands and Survey Department, Napier, said he did not know accused, who had not obtained any situation m the office. The name of Worthington was not on the records. Counsel: Have there been any cancies at Napier at a salarj of £80U a y ear ?—Witness: No; unfortunately

n °Detective Cassclls said he saw accused in the Trocadero m Wellington. He declined to give his name, and was taken to the dotoctivc office whcre he said his njme was Geen. He said, reply to the false pretences charge: "There must be some mistake. A pawn ticket in the name of J. MacKenzie for two rings was found on accused and two rings were obtained for it at the pawnbroker's. They were the rings proAccused, in defence, denied having received the money by false P r^e He admitted pawning the rmgs bu sa he made no secrct of it. He deciarea that he had received the rings through an exchange, Mrs Browii having takcn one from accused. He denied ha\ ing told Mrs Brown that ho had received an appointment at £800 a y® ar ", f he had said was that had he been in his usual health he would have been I earning between £600 and £800 a yea. After a short retirement the jury returned a verdict of not guilty on the false pretences charge and guilty on tne charge of theft. Prisoner was remanded till next morning for sentence.