JURY DISAGREES

New Zealand Herald, Volume 82, Issue 25202, 15 May 1945, Page 7

JURY DISAGREES

ALLEG ATI ON S OF THEFT ORDER FOR NEW TRIAL Charges of breaking and entering and theft from a Symonds Street shop were preferred against Ernest William Griffiths, aged 36 (Mr E. 0. Williams), before Mr Justice Callan yesterday The main charge was that on December 9 last he broke into the premisesiof Merson Brothers, Ltd., and stole two koala bears, a school bag, an overnight bag. a pair of children's boxing gloves and a man's bicycle, o. a total" value of £'23 lis Bd. There were alternative charges of breaking and entering with intent, of stealing the children's boxing gloves or of receiving them knowing them to have been stolen. Outlining the Crown case, Mr Cleal said that- when a member of the firm of Merson Brothers visited the premises about 6.15 p.m. on Saturday, December 9. he found interior doors open and saw a man climbing up a wall. He summoned a police sergeant and a constable, and the sergeant found accused curled up in a corner upstairs hiding behind a pile of cardboard boxes. He refused to give his name and denied that there was another man with him. In a lane behind the premises the police found a new bicycle, and on the handle a bag containing articles from Merson's. In accused pockets were found a pair of children's new boxing gloves from Merson's. The evidence, Mr Cleal said, would indicate that there had been two men involved, -as a woman living near by saw two men about the premises. A week later accused made a statement that he had been drinking with a friend in an hotel at the top of Symonds Street. When his friend, who was drunk, disappeared and came back with some of the missing articles, accused realised they had been stolen and tried to return them. It was when attempting to do 60 that he was caught bv the police. He would not give the friend's name. Evidence was given in support of this case.

Mr Williams said the evidence for the defence would show that shortly before accused was arrested he was in an hotel bar remonstrating with a friend and trying to get him to return certain property. The other man eventually agreed that this was the only thing to be done and the two went out together. Evidence to this effect was given by two men, one of whom admitted having spent about £1 in the bar that da}. His Honor said that the jury must ask itself whether it was satisfied beyond reasonable doubt that the statement made later by the accused was lies. If they were not satisfied of that he was entitled to be acquitted. After a retiremen 1 of over four hours thu jury announced that it was unable to agree upon a verdict. An application by the Crown for an order for a new trial was granted. THE GREAT BARRIER PROSPECTS FOR DAIRYING "We found the Minister of Lands, Mr Skinner, extremely appreciative of every phase of the Great Barrier position," said the chairman of the Auckland District Council of Primary Production, Mr R. C. Clark, when reporting to the council yesterday on a meeting between the Minister and members to discuss development on Great Barrier Island. The council had previously recommended the opening up of several areas on the island for farming, either under a rehabilitation scheme, or closer settlement, and also that favourable consideration be given to the establishment of a dairy factory. "I believe that, so far as the Minister is concerned, we have something to hope for," said Mr Clark. "A great deal depends on the residents and whether they will agree to selling certain areas of land." A letter received from the director of the fields division of the Department of Agriculture on the subject stated that the department had gone ahead with its programme of experimental work and had put down plots to determine matters associated with the establishment of dairying pastures on the island. Development or the island was a question of policy, and was interwoven with transport facilities and other matters.

THEFT BY CLEANER

TWO MONTHS IN PRISON The theft of 60 yards of cloth valued at £4B, the property of John Court, Ltd., was admitted by Edward Beattie, ;>gcd 36, labourer (Mr H. Skelton), when lie appeared before Mr J. H. Luxl'ord, S.M., yesterday. Detective-Sergeant Aplin said that accused had been employed as a cleaner by the complainant firm. He had taken the cloth in the hope that he would be able to sell it. All but one yard of the material had been recovered. Accused had several previous convictions for dishonesty, his last appearance in Court being in 1939. The magistrate sentenced accused to two months' imprisonment with hard labour. MOTOR-CYCLE CONVERTED For unlawfully converting to his own use a motor-cycle valued at £3O, Whare Kingi Makamaka (Mr Fitzherbert) was placed on probation for 12 j months by Mr J. H. Luxford S.M., yesterday. He was ordered to make good damage caused to the machine to the extent of £lO. REDUCTION IN RATES (0.C.) PAJCROA, Monday A decision to reduce rates by 3d in the £ was made at the May meeting of the Paeroa Borough Council. The estimates for the year 1945-46 were approved.