CHARGE OF MURDER

Wanganui Chronicle, Volume 75, Issue 258, 1 November 1932, Page 7

CHARGE OF MURDER

OLD MAN S DEATH MAORI BOY CHARGED VERDICT OF NOT GUILTY RESULT OF SECOND TRIAL [Per Press Association.) AUCKLAND, Oct. 31. verdict of not guilty was re« I in the Supreme Court in the reof a Maori boy, Heta Fred Gardner, aged 16, charged with murdering an old-age pensioner, George Crewe, at Ruatangata, near Whangarei on or about May 27. At the first trial during the August sessions of the Supreme Court, the jury disagreed. Tho case hail subsequently been before the Court of Appeal, and certain passages of the statement made to the police by accused were held to be inadmissable. In opening the case for the Crown, Mr Hubble said that the facts relating to the mentality of Gardner were somewhat remarkable. While doctors had not declared accused to bo insane, it was agreed that he was not exactly normal and his state might be described as “feeble minded.” Crewe was about 73 or 74 years of age, Mr Hubble continued, and he lived alone in a whare. He was last seen alive on Thursday, May 26. but he was not seen about on the following day. On the 27th, before anyone knew that Crewe was dead, accused had gone to the Whangarei police, who were making inquiries regarding thefts, and accused had made a statement which placed his movements in the Titoki and Kirikopuni districts within reasonable distance of Ruatangata. No evidence was called by the defence. For accused, Mr Trimmer contended that the Crown had failed in its purpose to establish conclusively the charge against, accused. His Honour said the Crown had proved circumstances showing opportunity to commit murder, but proof of the actual charge had to be beyond reasonable doubt. There was nothing whatever to connect accused definitely with the death of Crewe. His Honour said it seemed to him that it would be unsafe for the jury, on the evidence presented, to bring home to accused the death of Crewe. After a retirement of 20 minutes the jury returned a verdict of not guilty, Gardner being discharged.