WEAK CASE FOR CROWN.

New Zealand Herald, Volume LXV, Issue 19891, 9 March 1928, Page 12

WEAK CASE FOR CROWN.

NOLLE PROSEQUI SOUGHT.

COMMENT BY THE JUDGE.

[BS TET-EGUArff. —OWN CORRESPONDENT.] HAMILTON, Thursday.

When the name of Robert William Browne, agod 67, charged with indecent assault at Cambridge, was called in the Hamilton Supreme Court to-day, Mr. H. T. Gillies, Crown solicitor, said that after perusing the depositions he felt there was not sufficient evidence of corroboration to warrant the case going to trial. Moreover, two essential witnesses were unfit to attend. Mr. Gillies said he intended writing to the Attorney-General asking for leave to enter a nolle prosequi. He therefore asked that tlio case bo adjourned until next session. Mr. A. H. Johnstone, for accused, said his client was an old man who had led „v blameless life, 110 was quite prepared to go to trial, feeling, confident that the jury's verdict would bo in his favour. •Mr. Johnstone pointed out, ' however, that the strain of a trial was calculated to shorten his client's life.

Mr. Justice Blair agreed with Mr. Gillies that tho depositions disclosed a. weak case, and that he would endorso tho Crown solicitor's action in asking that tlio prosecution be not proceeded with. The adjournment was granted and bail wa3 allowed.