SUPREME COURT

Northern Advocate, 28 October 1932, Page 6

SUPREME COURT

CRI.MIN AL SESSION. P RIS ONE R S 1) E ALT \ VITII. (Special to ‘‘Northern Advocate;.”) AUCKLAND, Thursday. The attention .of Air Justice, Herdman and a jury was occupied throughout yesterday afternoon at. the Supreme Court in hearing charges of breaking and entering against .lames Harold O’Brien, aged 30, electrician. The ease was the sequel to a shop burglary at J’ukekohe on September 22, and one at Takapuna, when a safe was “blown.” O’Brien, who was represented by Air Noble, was charged with breaking and entering the premises of the Farmers' Trading Company at I’ukekoho and stealing goods to the value of £3O; with breaking and entering the shop of R. and W. Hellaby, Limited, Takapuna, and stealing 4/0; and witli breaking into the Auckland Alcat Company’s shop at Takapuna with intent to commit a crime. There were alternative charges of theft and of receiving. The jury, found O’Brien guilty of breaking and entering and theft from the Farmers’ Trading Company, and from Hellaby’s at Takapuna, and also o“ breaking and entering the Auckland Moat Company’s shop at Takapuna with intent to steal.

His Honour, who remanded O’Brien for sentence, informed the jury that accused had been convicted of theft and breaking and entering and had also been declared an habitual criminal.

Darcy Robert AlcDcvctt, who had been in company with accused, was also remanded for sentence.

Two Counts Dismissed.

A charge of committing rape at Auckland on August LI was preferred against Kenneth Alfred Roberts, aged 21, taxi driver (Mr Sullivan), before Mr Justice Smith. There were further charges of indecent assault and assault. Tho jury returned after four hours and announced a verdict of not guilty on the first two counts and they could not agree on the third count, that, of common assault. On the application of the Crown a new trial on the charge of assault was fixed for the next, sessions. Bail was renewed at the sura of £250. Two Serious Charges. The trial of Sydney Charles Marshall, aged 23 (Mr Reed), on a charge of indecently assaulting a girl seven years of age at'Onchunga on October 15 was concluded before Mr Justice Herdman. The defence was that it was a case of mistaken identity. The jury found accused guilty of indecent assault. Ho was remanded for sentence. A charge of committing an unnatural offence was prefered against Win. John Bennerley Moore, public works employee. The crime was alleged to have been committed on September 5 at Tararu, hear Thames. Accused’s evidence on his own behalf was taken under somewhat unusual circumstances. As a result of a severe accident, he had lost the power of speech. A prepared statement was read over to him and to this he gave written assent. The ease was adjourned until today. ‘ ‘Extraordinary Verdict.’ ’ The hearing was concluded before Mr Justice Smith of the case in which (,’liarle.s Joseph de Luca, grocer (Mr Singer), was charged with receiving four chests of tea, valued at about £2O, and three half-chests of tea, valued at about £O, knowing them to have

boon dishonestly obtained, Mr Hubble prosecuted. In addressing the jury, Mr Singer said that although a prudent man would have had some suspicions, it was clearly shown that accused did not- inquire where the tea came from. It could therefore only bo an inference that he knew the tea was stolon. Unless the jury was satisfied on that point, they must acquit him. After a retirement of nearly four hours the jury returned and announced a verdict of not guilty.

His Honour: "That is a very extraordinary verdict, gentlemen. The responsibility is yours." Accused was discharged.