The appeal preferred by Mr. E.D. Smith, of the firm of Messrs. Smith and sons, tailors and out-fitters, Mount Road, against the judgment of the Chief Presidency Magistrate, who convicted him of the offence of retaining stolen property belonging to the Army Clothing Factory and sentenced him to one year’s rigorous imprisonment was called for hearing yesterday [Oct. 29] at about 4 in the afternoon. Mr. Nugent Grant, Counsel for the appellant, in opening the case stated the facts and the particulars of the case, which had appeared in our columns, and said that the evidence on record was too meagre to justify the conviction. Some shirts sent by the appellant for alterations to be made were seized by the Police and were identified by Captain Phillips, Master Tailor in the Army Clothing Department as those made by his Department for Government use, and a search was made later of the appellant’s place of business and other articles were found and the Court was asked to presume on those facts that the property was stolen from the Army Clothing Department and that the appellant purchased them knowing it to be stolen. Mr. Withinshaw, Deputy Commissioner, was present at the search. One of the circumstances on which the prosecution relied was that some property was found in a well. Counsel said that he took great objection to the order with all deference to the Magistrate, that a statement alleged to have been made by the appellant to Captain Phillips amounted to a confession and was relevant. At this stage the court rose for the day.
Mr. N. Grant, instructed by Messrs. Short and Bewes, appeared the appellant and Mr. W. Barton and Mr. J.C. Adam appeared in support of the conviction.
The case is proceeding.
