JOCKEY ACQUITTED.

New Zealand Herald, Volume LXV, Issue 20092, 1 November 1928, Page 17

JOCKEY ACQUITTED.

CHARGE AGAINST BAGBY.

COMMENTS BY THE JUDGE

JURY'S SHORT RETIREMENT

[BY TELEGRAPH. —OWN COnitESrONDENT.] WELLINGTON. Wednesday. Six minutes .were sufficient for tho jury to arrive at a verdict of not guilty in the Supremo Court to day in the case-in which Walter Scott Baghy, a jockey, was charged with rape at Maslerton. The jury disagreed at the first trial, held at Maslerton, after being out for four hours. Mr. Justice Heed was on tho bench, Mr. P. S. K. Macassev conducted tho case for the Crown, and Hag by was represented by Mr. T. M. Wilford.* The Court was cleared. At the conclusion of the case for the Crown at 12.30 p.m., Mr. Wilford asked that the case be dismissed on the ground that there was no corroboration of the complainant's story. His Honor said he considered there was a case to answer.

Evidence for the defcnco was then called.

His Honor said it was impossible to bolievo that all the witnesses for tho defence were untruthful. It would bo a dangerous thing to suggest that the girl's statement in regard to what happened was a correct one. The story sho told was rather extraordinary, and in face, of all the evidence brought out lie did not think it would bo snfo to convict.

"That was my own view at tho time," ho added.

Tho jury discussed the matter among themselves and decided to continue with the caso. Mr. Wilford said that in view of His Honor's long experience it would be idle for him to address the jury at any length lie had seen cases beforo where learned Judges had acted in such a way. Mr. Wilford stressed the gravity of the charge, stating that it was next to that of murder. He suggested to the jury that there was no doubt the complainant was untruth ful and that she was riot to be relied upon. Ho also suggested that the likely story was one of consent.

The jury retired at 3.25 p.m. and returned at 3.31 with a verdict of not guilty, and (lie accused was discharged.