THE KERRY CASE.

Timaru Herald, Volume LXXXIII, Issue 12910, 26 February 1906, Page 7

THE KERRY CASE.

Mr Justice Grantham, in stopping the case against Thomas Caradoc Kerry, cliarged with stealing goods placed in his charge for delivery to toe natives of Tristan d Acunha, said- that, iu his opinion, tu«re was no case to go to" the jury. The case must be looked at as a wnole. It was certainly an extraordinary one. He had no- doubt every inquiry had been made that should have been made, and that all the evidence had been presented which the prosectition considered necessary. In considering th- circumstances they had fiist to think of who was the defendant. The latter's name suggested that he was a:: Irishman.

Mr G::l: I repudiate that. I have got the whole of his history, and it dues not start in Ireland.

The Judge : I was going tc add that *I should think, by his appearance, he is a hot-headed Irishman. ihe -Judge, resum mg, lecalled the main features cf the whole story, and said that, having regard to the capacity of the yacht, the number of the islanders (whom ht took to be about 40 children and from 15 to 20 adults), and the character" of those islanders, the defendant could hardly have expected that such large consignments as were actually sent en board would be included in the small parcels which the conditions of his license required him to carry. How far Ihe things forwarded by various parties were suited -t-- the requirements of the islanders, either in respect of nature or quantity, it was not for him to sav. though it was difficult to *ee that sonie of the things would be of much good. He was not prepared to say that the defendant was justified in thi owing books overboard as he had done, or in dealing with other articles in the way he had done, but for any indiscretion fif that kind lie could be made amenable in the civil courts. No doubt he acted very wrongly in throwing Mr Stone's Bibles "into the sea, but that was quite another thing from saying that he had acted fraudulently in so doing. The very openness of the whole proceeding was inconsistent with the mea of fraud. However foolishly he might have acted in the heat of temper or otherwise, he must not be sent to prison and punished criminally for it in the absence of evidence of an >yfeionious or fraudulent intention.

After some discussion, the jury, in accordance with the direction of the learned judge, found the accused not guiltv on all charges, and he was discharged "from custody.