Lobingier- delivered a written judgment regarding the charge of robbery preferred against Samuel B. Gaynor, Knute Hansen and Matty K. Smith. "After stating that the first-named defendant's bond is forfeited, as he did not appear for trial when the case was called, his Honour reviews the evidence and continues Tf these two are convicted, it must be upon the sole identification of the shop accountant, coupled with the uncorroboratted statement of the chauffeur that he took two unidentified foreigners from the Customs Club on the evening in question, Considering the acgountant's liability to mistake. especially as he was the only one out of several with apparently as good' opportunity of observing, the lack of positive corroboration and the positive testimony of other witnesses to having seen the accused at other places at or ubout the time they are charged with participation in this affair, we feel that it would be wholly unsafe to convict these young men (aged 23 and 25 respectively) of so grave a crime, entailing as it docs so severe a penalty. Applying the rule that defendants are presumed innocent until proven guilty and that the proof must convict beyond reasonable doubt, they are aceordinely- acquitted with costs de officio,
Text read from the printed page and cleaned; old type leaves the occasional error.