NEW TRIAL GRANTED

New Zealand Herald, Volume LXIX, Issue 21296, 24 September 1932, Page 14

NEW TRIAL GRANTED

CHARGE OF CONSPIRACY fi WAIOTIRA FARMER'S LOSS AN APPEAL SUCCEEDS [by TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Friday » On August 27 Reginald Clarence Wil- c linms was found guilty at Auckland by a jury of conspiring, together with Clifford Spencer Dahlin and others unknown, by' a deceit to defraud George Poyner, farmer, of Waiotira, of £I2OO. On further charges of stealing the sum r of £I2OO, with intent to defraud by means s of falso pretences, he was acquitted. a An application was heard to-day by. the t Court of Appeal for a new trial of the t indictment on which he was found guilty, 1 on the grounds that the verdict of tho f jury was against the weight of evidence and that it was in the interests of jus- 1 tice that a new trial be granted. ' Counsel for Williams dealt with the evi- t dence given in tho Court below in sup- i port of the contention that there was no ' word of evidence to show that Williams had -been present during any of the in- 1 terviews when Foyner was alleged to * have been induced to part with his •' money. 1 The Crown solicitor submitted that < there was sufficient evidence of con- l spiracy between Williams, Dahlin and | others. There were a largo number of | highly suspicious happenings which, j taken individually, were capable of in- , nocent explanation, but which, taken in their circumstantive effect, entitled the jury to como to the conclusion that the guilt of tho prisoner had been established beyond all reasonable doubt. The Court. granted a new trial. The Chief Justice, Sir Michael Myers, said ho had no doubt that a new trial should be granted on the ground that the verdict of the jury was against the weight of evidence. The case was one of suspicion, but there had not been sufficient evidence before the jury to justify conviction. Mr. Justice Herdman and Mr. Justice Kennedy agreed. Mr. Justice Macgregor said he was unable to agree and was of opinion that the case was one which threw tho onus on the prisoner of explaining his conduct. That he had not done.