ALLEGED CONSPIRACY

Wanganui Chronicle, Volume LXXXI, Issue 19007, 7 May 1924, Page 5

ALLEGED CONSPIRACY

AN EXTRAORDINARY SITUATION. JURY’S VERDICT PUZZLES JUDGE. (Per Press Association.) PALMERSTON N., May 6. The Supreme Court was occupied all day hearing a case in which Thomasen and Simpson were charged with conspiring to defraud a dairy company. An extraordinary legal situation arose when the jury returned with a verdict, in the case of Thomasen, of not guilty of conspiracy but guilty of defrauding the company through Simpson’s neglect. The verdict caused some consternation, his Honour confessing that he could not understand it. He pointed out that the question was whether the accused Thomasen had conspired with Simpson with intent to defraud. The foreman: The jury finds no agreement between the two men. His Honour: “In that case, I shall take the finding as one of not guilty. Does the jury understand that Simpson has already pleaded guilty to having conspired with Thomasen?” The foreman: The jury dealt with the case from Thomason’s point of view, and found he was no party to the conspiracy. ’ ’ The Crown Prosecutor suggested that the jury be asked to reconsider its verdict, but this was disallowed. His Hoiour said the best way would be to discharge Thomasen, and as other charges were pending against him, that he be detained till to-morrow. The Crown Prosecutor said Simpson should be allowed to withdraw his plea and be discharged. His Honour: But he will have been arraigned on a criminal charge and discharged without trial or plea, as it required two to form a conspiracy. Simpson, according to the jury, was not guilty. In addressing Simpson, His Honour, Sir John Salmond, said: “You have pleaded guilty to conspiracy. You may have thought you were guilty, but the jury has found there was no conspiracy. ’ ’ The Crown Prosecutor searched vainly for a parallel case. Both prisoners were discharged, though Simpson was detained on other similar charges in respect of several other farmers.