A BENT CORKSCREW,

Waikato Times, Volume 106, Issue 17803, 30 August 1929, Page 6

A BENT CORKSCREW,

SUPREME COURT TRIAL. ARTICLES VALUED ONE SHILLING. ACQUITTAL WITHOUT RETIRING, The alleged theft of a bent corkscrew and a worn table knife, valued at one shilling, at Taringamutu, on August 11, causing the whole machinery of the law to be put' in motion, occupied the attention of a judge and jury of 12 men, and caused five witnesses from the backblocks beyond Taumarunui to spend four days in Hamilton. The case came before the Hamilton Supreme Court to-day, when Joseph William John Ross, 22, and Alfred Edward Nixon, 22, were charged with breaking and entering and stealing the articles mentioned. Mr H. T. Gilles conducted the Crown case, prisoners being represented by Mr W. Noble, Auckland. Prisoners have been in custody since August 11. According to Mr Gillies the alleged offence occurred at Taringamutu, near Taumarunui. On Saturday, August 10, a family named Carter re-opened a cottafe which had been closed for some time. On the following morning they found that the place had been entered the evening before, and that certain articles had been stolen. A witness would say that he saw the prisoners leaving the cottage. The two articles removed were a gold watch, a knife and a corkscrew. The gold watch had not been recovered. In the swags of these two young me'n there was discovered, however, the knife and the corkscrew. Mr Gillies added that there was little doubt these two young swaggers slept in the cottage that night.

John Alfred Carter, owner of the cottage, said the dwelling had been locked up for a time, but on August 10, he re-opened it and prepared it for rc-occupation. A window had been broken, but this was covered with a piece of sacking. It was possible, by pushing this aside, to lift the latch and push open the window. The following day, on again going to the house, witness found the window and hack door open. Different things had been disturbed in the house, and witness on making a search, found a gold watch missing from one of the drawers, together with a tin of tobacco, a knife and a corkscrew. The contents of a suitcase had beeh disarranged. The corkscrew and knife produced were similar to those that had been in the house.

To Mr Noble witness said there were evidences that swaggers had stopped at the house during the time the place had been unoccupied by witness. The knife and corkscrew found in the swags of the two prisoners were similar to the ones that were left in the house. Identification of Corkscrew.

William Alfred Carter, father of last witness, said that on the morning of August 11 he noticed the two prisoners leaving the yard of the cottage. He identified the corkscrew by a peculiar strain. He could not swear to the identity of the knife. Both articles w f ere of the ordinary common type. In answer to Mr Noble witness said he suspected the two men at the tlm« of having broken into the place, though he did not approach them on the subject.

Witness explained the strain In the worm of the corkscrew, which led Mr Noble to remark that it surely was not unusual to find a strained corkscrew in the King Country. (Laughter) . His Honour: I suppose you don't recognise it as yours, Mr NobleT. (Renewed laughter). •Mr Noble: I never use one, sir. (Laughter). Mr Gillies: Perhaps you knock the heads off, Mr Noble. (Loud laughter). Jessie Clara Carter, wife of last witness, said she was fairly sure the articles were the ones left in the cottage. Herbert G. Carter, a 'son of the last witness, said he himself bent the corkscrew in trying to draw a nail.

Mr Noble: Did you never draw anything else with it? Witness (with some hesitation) : Er, yes! I occasionally opened a bottle of sauce. (Laughter). After the police evidence had been given, His Honour remarked that he did not think it would be safe for the jury to enter a conviction on the evidence. Mere suspicion was not enough to convict, these two young men. The articles were of the type commonly in use. The corkscrew, which was really a tin opener and corkscrew combined, was of the type lo be found in any bush camp. It was a cheap article and the screw part of it became easily strained. His Honour said the onus of proof of the guilt of these men lay with the Grown. He did not think the Crown iiad discharged this onus.. IBs Honour added that it were better that, 100 guilty men should go free than that one innocent man should be cinvicted. Without leaving the Court, the jury returned a verdict of not guilty.