CHARGE OF ROBBERY

New Zealand Herald, Volume LXXVIII, Issue 24027, 26 July 1941, Page 12

CHARGE OF ROBBERY

JURY FAILS TO AGREE Joint charges of stealing £3O from Charles Keith Brown by personal violence were faced by Thomas Leslie Daley, soldier, aged 20 (Mr. Noble), and Ernest Sidney Porter, aged 20 (Mr. Dickson), before Mr Justice Fair ye.sterday. There were alternative charges against them of assault causing actual bodily harm, assault and theft. Mr. N. T. Smith appeared for the Crown, which alleged that the accused had set upon Brown in a lane in the city in the early hours of the morning and robbed him of a wad of notes. Brown, who had collapsed when under cross-examination on Thursday, continued his evidence, and definitely identified the accused as the men who had assaulted him. Other members of the cabaret party of which Brown had been a member that evening gave evidence identifying the accused. Porter, in evidence, denied that he had ever seen Daley until they were brought together by the police after this robbery. He knew nothing whatever about it. To Mr. Smith Porter admitted four previous convictions, for one of which he was sent to a Borstal institution for two years. He considered he was being persecuted by the police.

After a retirement of four hours the jury reported failure to agree, and His Honor granted the application of the Crown for a new trial.