AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVII, Issue 14302, 23 February 1910, Page 8

AUCKLAND SUPREME COURT.

A SECOND TRIAL.

VERDICT OF NOT GUILTY

The criminal sitting of the Auckland Supreme Court concluded yesterday before Mr. Justice Edwards. The Hon. J. A. Tole, K.C., prosecuted'for the Crown. Martha Jane Maxwell, who had been tried the previous day on a charge of having used an instrument on another woman for the purpose of performing an illegal operation, and in whoso case the jury had disagreed, was again tried. Mr. R. A. Singer again defended the accused. During the calling of the jury so many were either challenged or " stood aside" that the panel was exhausted, and some of those who had previously been " turned down*' had to be called again, and allowed to take their seats. The jury retired at 3.15 p.m., and returned at 4,20 p.m. with a verdict of not guilty, and the prisoner was discharged.

. CROWN CASE COLLAPSES. A young girl, apparently about 16 or 17 years of age, named Katie Llewell, was charged that, on or about November 22 last, she fraudulently stated* to the chief postmaster that she* had posted a packet containing money, whereas she had not done to. The accused pleaded not guilty, and was defended by Dr. Bamford (instructed by Mr. W. Fallon). Before- Mr:. Tole opened the case, Dr. Bamford stated that he intended to object to the evidence of Detectives Hollis and Scott, as given in the lower Court, regarding a statement obtained from the accused.

His Honor said ho thought Dr. Bam ford had strong reasons for the objection, and he would require some very strong reason before he would admit it. "Further," continual Hip Honor, " I don't see where the evidence of fraud is.. The girl, assuming that the Crown's evidence is correct, seems to have told a story ; she is then sent for by the chief postmaster, and sticks to it. She has told what some girls would call a "taradiddle,' and boys a 'whopper.'" Mr. Tolo argued that there was evidence to show that fraud had been committed.

His Honor: There is no doubt that every act of fraud involves? deceit, but every act of deceit does not involve fraud.

After further argument. His Honor stated definitely that he would not admit the evidence of Detectives Hollis and Scott.

The case was then proceeded with. In opening the cafe for the prosecution, Mr. Tole said the girl had received £4 from a young man named Howell to keep for him. In November hist she telephoned to the man and asked him if he had received the money. He. said he had not, and he advised the accused to post some test letters to him. This was done, and the test letters were duly received, but Howell never pot the money. In consequence he went to the chief postmaster to make inquiries about the matter, and it was there'that,the accused made the. statement that she had posted four bank notes'. She was asked to sitrn a complaint note, and to comply with other formalities, which she did.

Evidence was given by Howell and the assistant-postmaster (MnDryden) as to'.the statement made bv the accused, and the particulars which she had given at the interview in the postmaster's room.

When Detective Hollis was put in the box. Dr. Bamford objected to his giving evidence as to an alleged confession he had received from the accused. «<

His Honor upheld the objection. Under these circumstances, there being no further evidence to offer, His Honor instructed the jurv that there was no evidence against, the accused, and, they formally brought in an acquittal. ' This concluded the criminal business, and the civil sittings were adjourned until 10.30 a.m. to-day. " .