The Criminal Evidence Act

Star (Christchurch), Issue 6695, 7 November 1889, Page 4

The Criminal Evidence Act

[P_& Peees Association.]

INVEECABGILL, Nov. 6.

A charge of larcency against a man named [Helm and his wife has been occupying the Police Court here for three days, and ia not yefc concluded. The prosecutor, Wallis, of Morton Mains estate, alleges that accused removed large quantities of blankets, drapery, stores, &c, from the homestead during his absence in Melbourne. The charge was previously heard and dismissed, both accused taking advantage of the Criminal. Evidence Act of last session to give evidence on their own behalf. Mrs Helm then swore that the bulk of the goods were given to her by Mrs Wallis, since deceased, and that the stores, although of the same brands as those on the station, were purchased in town. To-day, at the conclusion of the case for the prosecution, counsel for Wallis took objection to tho accused again giving evidence, contending that the provisions of the Aot did not extend to a preliminary examination, nor to cases before Grand Juries j that accused persons could not give such evidence till placed on trial. Mr M'Culloch, R.M.,.said he wa3 inclined to that view himself, but as no ruling had yet been given on the point as raised in the Christchurch Supreme Court recently, he did not think he would be justified in refusing to hear the accused.