"New Trial Acquits Vancouver Man in Christmas Parcel Safecracking," Vancouver Sun. October 7, 1943. Page 9.
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Loot Mailed to Accused's Home
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Without a witness being heard, John Milton was accorded an acquittal after he entered a plea of not guilty in Assize Court today on a charge of receiving $203 of a $400 haul from a Victoria Safeway safe-blowing last December
Chief Justice Wendell Farris directed nine men and three women jurors to acquit the accused after they heard the outline given by Carew Martin, Victoria, KC.., of the Crown's case.
"It would be an unthinkable situated if a person could be put on his defense to prove he did not know the contents of a parcel, mailed to his home and delivered there in his absence, were stolen," declared the chlef justice.
A. G. D. Crux agreed that Mr. Martin sketched to the jury all the evidence there was as to the delivery to Milton's housekeeper at his home, 4811 1 Inverness, of two parcels in Christmas wrappings containing $200 stolen from a Safeway store three days before.
SAW PARCELS ARRIVE
Two Vancouver detectives saw the parcels arrive on Dec. 23 and two RCMP officers saw the accused enter the house shortly after.
Milton denied all knowledge of the packages and refused to open them.
He was acquitted in Victoria of participation in the safe-blowing, but was found guilty there with Bert Tully of receiving the stolen money.
ORDERED NEW TRIAL
Milton was sentenced to two years and Tully to three years, but the Court of Appeal ordered a new trial for Milion, when Mr. Crux produced evidence in his behalf which was not given at the trial.
The re-hearing, which opened in Assize Court here, was one of the shortest on record because Chief Justice Farris ruled that the Crown's evidence did not show possession by Milton when the packages were delivered to his housekeeper in his absence.
