JUDGE DIRECTS JURY

Southland Times, Issue 22949, 23 July 1936, Page 3

JUDGE DIRECTS JURY

CHARGE OF THEFT A VERDICT OF NOT GUILTY (United Press Association.) Palmerston North, July 22. Directed by Mr Justice Blair at the conclusion of the Crown’s case to return a verdict of not guilty, the jury at the hearing of a charge of theft against John Edward Owens, an American, aged 41, in the Supreme Court acted accordingly. Accused had been arrainged on a charge of stealing at Palmerston North a model aeroplane valued at £3O, the property of Mrs Isobel Dora McGregor. The chief witness, Mrs McGregor, widow of the late Squadron-Leader McGregor, stated that accused called at her house and said he was “Owens of the Knickerbocker Hospital” and a cousin of Roscoe Turner, the American aviator. He further represented that he was connected with American wrestlers at present in New Zealand and said they were prepared to stage a benefit bout for her and Mrs Fraser, widow of “Scotty” Fraser, the parachutist. He asked for photographs of her husband and she arranged to get copies from a friend. Accused was to call back and collect them. Accused returned at 10 o’clock and said he could not wait. He asked if he could take away for the purpose of obtaining a photograph a model of a D.H. 86 air liner. She consented, accused promising to return it later that morning. The model was returned by Mr H. C. Walker, co-pilot with her husband in the Melbourne Centenary Air Race. Airman’s Evidence. Henry Campbell Walker, aviation officer for an oil company, told the Court that after seeing Mrs McGregor he started off for Milson aerodrome. On the way he ran into accused and asked him where he obtained the model aeroplane in his possession. Accused replied that his sister had made it, whereupon witness told Owens he knew all about the matter and asked that the model be handed over. Owens had been drinking and had half a bottle of whisky with him, but he was not drunk.

Constable G. E. Chapman deposed that in a statement accused said he arrived in New Zealand in 1928 as a stowaway. He admitted having gone to Mrs McGregor’s place, but claimed that he had been so drunk that he could not remember what happened inside the house. He remembered coming outside with a model aeroplane and photograph in his possession. This concluded the case for the Crown, whereupon his Honour adjourned the Court for a short interval so that he could confer with counsel. When the Court resumed his Honour told the jury that when a Judge came to the conclusion that a case was only one of suspicion and in his opinion not sufficient to go to a jury, it was his duty so to direct the jury. “So far as this case is concerned,” his Honour proceeded, “it is at the most a case of suspicion. There are circumstances about it which are distinctly in accused’s favour. We can’t look at matters which are not in the evidence. In this case it seems that it is my duty to direct you that there is not sufficient evidence to call upon the defence to answer the charge. I ask you to take my direction. I have discussed the matter with counsel, and the Crown Prosecutor agrees with me that this course is the proper one.”