CHARGE FAILS

New Zealand Herald, Volume LXXVI, Issue 23489, 28 October 1939, Page 14

CHARGE FAILS

ALLEGATION OF THEFT th£ accused acquitted Charger! with the theft of £!} from William Donald f?eid on July 27, Ernest George CafFery, labourer, aged 44 (Mr. McCarthy), stood trial before Mr. Jus-tice-Fair 'iir tho-Supreme Court yesterday. ' • i The Crown Prosecutor, Mr. V. R.j Meredith,,, said the theft had been -an< exceedingly impudent one. The" com-! plainant had been drinking with a| couple .of' friends- in- tbfr :bar of a/.cltyl hotel, /ind acouscd was also in the bar.! Reid ,h,Vd',.three new notes with ,him.| When,lie <ind his -friends left rtjie hotelj &ccusecl«followed them, put; his armsi ro.nnd.Hciid's neck .and held him for. an I appreciable time. Kcid missed hi,s money! and he and hig friends turned .and: folio wed Ca'tfery. Shortly afterward Caf-j fery'waappointed out to the.police, and' when arrested hq .made a determined attempt to escape. They found pp him thres folded new notes'in one'pocket, and othe? money in another pooket.' Beid, in, evidence, said accused had tried to make conversation with him in the bar, but he took no notice. He described ;how accused had gripped him and half-choked him outside tlie hotel, and how witness had followed him afterward until the police arrived. Further evidence was given by the complainant's companions* nnd by the i jjolico who made the arrest. I

Mr. McCarthy submitted that the Crown evidence was so conflicting that it would be unsafe to convict. The jury found accused not guilty after an hour's deliberation.