MURDER CHARGE

New Zealand Herald, Volume LXXII, Issue 22211, 11 September 1935, Page 14

MURDER CHARGE

BRADY ACQUITTED TATTOOED ARM CASE SUBSEQUENT REARREST ALLEGATION OF FORGERY By 'Telegraph—Press Association—Copyright (.Received September 10. 9.35 p.m.) SYDNEY. Sept. 10 Tho trial of Patrick Brady, shearer, who wub charged with the murder of James Smith, one of whose tattooed arms was alleged to have been that which was disgorged by a shark in the Coogee Aquarium on April 25, was concluded to-day. The accused was acquitted and discharged. The first witness called wan Mrs. I. P Holmes, widow of Reginald Holmes. She said that one day early in April Brady" camo to her home. Ho was dirty and unshaven and had blood on one of his hands. He came to see her husband. That night Brady returned carrying a bag similar to ono she had seen carried by Smith. She never discussed the Smith murder with Brady. Chief Justice Directs the Jury William Andrews, taxi-driver, said he drove Brady from McMahon's Point to Cronnlla about 8.40 a.m. on April 9. During the journey Brad.v told him ho had beon out to get a boat at 4 a.m. that day and had travelled from Cronnlla to the city by car at 6 a.m. Herbert McGowan. taxi-driver, said he was engaged on April 10 by Brady, who was carrying a small brown kitiag. They visited various shops. Brady purchasing a mattress and a tin trunk. Brady was then driven to a cottage at Cronulla, where tho purchases were left. At.the close of tho Crown's case this afternoon Chief Justice Jordan directed tho jury to acquit Brady, who was forthwith acquitted and discharged. Counsel for accused. Mr. livatt, had submitted that the Crown was in no better position than at tho opening of the prosecutor's case yesterday. Rearrest on Charge of Forgery The Crown Prosecutor directed the Judge's attention to certain aspects of the evidence and to the statement alleged to have been made by Brady to detectives which tho Court had mitted,His Honor said no doubt there was plenty of matter for suspicion in the evidence, but the clear opinion he had formed was that upon certain principles a conviction upon that evidence could not be allowed to stand. Accordingly he directed the jury to acquit Brady, who left the Court in the company of his counsel. Brady was rearrested outside the Court, however, on a provisional warrant alleging that he had failed to answer a charge of forgery at Hobart, Tasmania.