"A MISCARRIAGE OF 'JUSTICE."

Taranaki Herald, Volume LIII, Issue 12863, 23 May 1905, Page 5

"A MISCARRIAGE OF 'JUSTICE."

Per Press Association. Auckland, May 22.

At tht< Supreme Court .William liourv Cobley pleaded not guilty to a eharga of (stealing the sum of £5 Ms !>d from a dwelling- at Waimauku on March lith last.

Tho ovidenco showed that uociKsed and Williamson shared tho same whare. On iho night of the alleged roH.cry Williamson woke up and heard the prisoner moving- about. In the morning he missed his purse, containing tlie sum named.

Constables Rowe and O'Grady deposed to questioning the prisoner the next day, when tho latter admitted having g i ven y io money to a mjm named or known as Conn. 4 shod why, the prisoner replied that het heard the police were af£er him, and he was afraid. Conn was to give him half the money when he returned from town.

The defence was thai prisoner iwas a man of "peculiaif' mind, and that this accounted for his statement about giving the money to Conn.

Prisoner, in las evidence, stated thai he made this and a number of " rash statements'*' in the confusion of nervous excitement. H© would not have thought of Conn but for tho fact that the constables brought up his name firs'C. He denied now that he had ever given any money to Conn.

Further ovidenco was given as to tho accused's- peculiarities. , The Judge summed up strongly agalinst the prisoner. After a short retirement, the jury returned with a verdict of "Not guilty."

His Honour : " Well this is another case of the most lamentable nii«carriage of justice on tho part of the jury."

" But, your Honor,

The foreman : wo are a jury."

''You had your duty

Ilis Honoxir : to perform.''

The foreman : " And we have done it to ihe best of our ability." Tho prisoner was then discharged.