JUDGE NONPLUSED.

New Zealand Herald, Volume LXI, Issue 18702, 7 May 1924, Page 10

JUDGE NONPLUSED.

JURY BRINGS ' CONFUSION. - AV; - \ ■ ,v,; - ,5*

ALLEGED FACTORY FRAUD.

SUPPLIERS AND EMPLOYEE.

J"By TELECBAPH.— ASSOCIATION. PALMEBSTON NORTH, Tuesday.

The criminal isessions of the Supremo Court opened this morning before Mr. Justice Hosking. True bills were returned in five cases wherein Henry Simpson was charged, with Arthur Meivin Taylor, John Jens Lorens Thomasen, Otto Kreeghcr, Richard, Gairgau, and Alfred . Wright, with having conspired to defraud the Cheltenham Dairy Company ixt connection with the supply of cream. The first, case taken was that against Simpson and who were charged that during October they conspired to defraud the company of £89 18s by means of false tests. Simpson ' pleaded guilty and Thomasen not guilty. Simpson left the dock, and the charge against Thomajen was proceeded with.

Addressing the jury the Crown Prosecutor said that,, while there was no question of the company having been defrauded of a certain sum, the amount set out in the charge was merely speculative. It represented the probable loss." The way 4 in which the alleged conspiracy was found out was somewhat unusual. When Simpson was absent from work at the factory owing to illneus tests went down, but when he returned a few weeks later the tests immediately went up, again. The suspicions of the company were aroused. Defendant and others were involved, and were given an opportunity of explaining. They attended a meeting of directors, ana, counsel claimed, tie offence was practice ally admitted. An extraordinary legal situation arose when the jury returned with a verdict of not guilty of conspiracy, but guilty of defrauding the company through Simpson's neglect. .The verdict. caused some consternation, His , Honor confessing he could not understand it. He poiuted out that the question was whether the accused Thomasen had conspired with Simpson with intent to defraud. . The Foreman: The jury finds there was no agreement between the two men. His Honor: In that case I shall take the finding a$ one of not guilty. Does the jury understand that Simpson has already pleaded guilty to having conspired with Thomasen ? j

The Foreman:. The jury dealt with the case from . Thornasen's point of view, and found he had no-part in a conspiracy. The Crown Prosecutor suggested'that the jury be asked to reconsider its verdiet, but i this was disallowed. His Honor said the best way would be to discharge Thomasen, and as other charges were pending agsiinst him, ho could" be detained till to-morrow. The Crown : Prosecutor said Simpson should be allowed to withdraw his plea, and be discharged. - His Honor: But he will have been arraigned i'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 guilty. In addressing Simpson, His Honor said: You have ' pleaded guilty to conspiracy. You may have thought you were guilty, but the juty has found there was no conspiracy. ; The Crown Prosecutor. said they would search in vain for a parallel case. Both prisoners were discharged, though Simpson has been detained on other similar charges in respect . of others.