Thursday, June 3, 2010

SUPREME COURT: THE SHELL NECKLACE CASE.

Hobart Mercury, Wednesday 20 May 1908 Page 8

WARD RE-TRIED AND CONVICTED.

Jno. Ward, wharf labourer, was arraigned for the second time on four counts in an indictment for having stolen, or otherwise received, a large quantity of shell necklaces, consigned to a wholesale firm in Sydney by Mr. Paget, fur dealer, Elizabeth-street. At the previous trial the prisoner pleaded not guilty, and the jury failed to agree as to a verdict, whereupon the accused was remanded on bail, to be retried.

On this occasion he again pleaded not guilty, and was defended by Mr. Harold Crisp, the Solicitor General (Mr. E. D. Dobbie) prosecuting for the Crown.

The witnesses who gave evidence at the previous trial were called, also fresh evidence was given as to identification of the shells. At the former trial the accused's counsel contended that the shells were not satisfactorily identified, so on this occasion the Crown called Messrs. Martin, Barker, and Owens, shell dealers in Hobart, in support of Mr. Paget's evidence of identification. The defence was that the prisoner received the shells from a man named Fisher at Recherche to sell for him, but Fisher was not called. The jury found the prisoner guilty on the minor count of receiving, with a recommendation to mercy.

Mr. Crisp, in addressing His Honor in mitigation of sentence, handed in several testimonials as to prisoner's previous good character, together with a petition signed by some Hobart merchants to His Honor to deal leniently with him.

Prisoner was remanded for sentence and an order was made for restitution of the shells to Mr. Paget.

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