SUPREME COURT

Otago Daily Times, Issue 24739, 16 October 1941, Page 9

SUPREME COURT

CRIMINAL SITTINGS ATTEMPT TO ROB ALLEGED The hearing of the cnarge against George Anthony Silva of assaulting Patrick Dee with intent to rob him, and alternatively with assaulting Dee, was continued in the Supreme Court yesterday before Mr Justice Callan. Sergeant Johnston said that he had seen Dee and the accused at the watchhouse on the night of the alleged assault. Dee was drunk, but Silva was not. although he had had liquor. Witness told Silva that Dee accused him of robbing him. Silva said that he did not know Dee from “ a bar of soap,” and in reply to the allegation that he had robbed Deer he said: "What? Me? I would not do It. I'swear before God that I did not do it.” Silva produced a rosary from his pocket and said he would swear on it that he had not tried to rob Dee. He also said that it had been “ a boozy business." and that he supposed he had been a “ mug.” Silva said that he ’and Dee had drunk a bottle of beer in the right-of-way near the Crown Hotel, and that he supposed the empty bottle was still there. A search had been made, but an empty bottle could not be found.

The Crown Prosecutor (Mr F. B. Adams) fsid that he did not dfsire to address the lury. Mr W. M. Taylor, who appeared for Die accused, referred to the drunken condition of Dee, and said it seemed to him absolutely absurd for a man who*was not a lunatic to attempt to commit a robbery in the circumstances described in the evidence.

His Honor having summed up, the jury retired at 10 minutes past 11 and returned at 10 minutes to 12 with a verdict of not guilty on both counts.