LEANING IN THE BOX.

Auckland Star, Volume LVIII, Issue 114, 17 May 1927, Page 8

LEANING IN THE BOX.

"AN EXTRAORDINARY STORY."

NECESSITY TO SIFT EVIDENCE.

LENGTHY TRIAL CONTINUED.

The second trial of Ernest Fdwin Leaning, bootmaker, aged 42, on two charges of indecent assault on a young man, was continued in the Supreme Court to-day, before Mr. Justice Herdman and a jury or twelve. Mr. V. R. Meredith appeared for the Crown, and Messrs. A. H Johnstone and G. P. Finlay for accused. Late in the proceedings at yesterday's session, the accused gave evidence along similar lines to that given at *he first hearing last week. In reply to Mr Meredith he said a friend of his, who was in the ' shop on the second night, was standing outside the door wnile the complainant was inside. Ho had not called his friend becausfe he lived out of Auckland, and it would involve considerable expense to bring him to Court. Mr. Johnstone: I! my friend desires to question the conduct of the case, he should address me. I am responsible for that. His Honor observed that accused was telling an extraordinary story, and had denied the statements of the police. In the circumstances it was of the utmost importance to sift his story to its very limit. Mr. Johnstone wanted to know how witness' credibility was tested if he did or did not call a witness T It would involve expense to bring the man mentioned to Court. Accused said he would come if he was wanted. • When asked by the detectives why the complainant should make the allegations against him, the accused said he put it down to the fact that the young man was drunk. "I said: That man is nothing but a drunken blackmailer." He could not account for the detectives making false statements concerning him. This concluded the accused's evidence. He had been in the box for a total of three and a-half hours. The foreman of the jury requested that further evidence be called in respect to the sobriety of the complainant on the Friday night, when the second offence was alleged to have occurred. Evidence as to the movements of the accused on the Thursday and Friday nights, and the condition of the young man in the case, was given by the wife of the accused, Mrs. Frederick (sister of the accused's wife) James Colquhoun and Robert Callaghan. Continuing under cross-examination, the accused said that when Detective McWhirter approached him on the Friday night, he said: "This man has made a complaint against you." Accused said he replied: "That man has been here discussing a surgical truss. He is blind drunk." Detective McWhirter answered: "That is all right; you come along with me." "Did you not insist on knowing what the.complaint was?" queried' Mr. Meredith.—"At that time I did not." "Why?"—"l understood that if a detective asked a person to go along with him to the station he was obliged to do so." At a later stage, accused admitted that the Detective told him that the young man declared he had assaulted him. He was sorry he denied this fact previously. "Would Sign His Life Away." He had refused to make a statement unless he had a solicitor. He realised when he signed the statement that he was signing what he told McWhirter; and that the young man had made allegations against him. He signed the statement under pressure of a threat -that his wife and child would be brought to the police station. He had said:"l will sign my life away, rather than bring them here." He was under great mental stress, and had previously been refused a drink of water.

Mr.* Meredith: You knew the explanation about the truss was not in the document?—l did not realise it. ... On my part it was a clear explanation.

"Do you suggest that you . did not listen for the one thing that matters?"— "I did not realise it was not in the statement." "Didn't you listen for it!"—" No. . . I was not. in a fit condition to be read a statement to." The only time the word "discreet" was used was when McWhirter said that he had been indiscreet in having a man on his premises after hours. He denied that he said he would "have to pay for his mistakes." Heavy Drinker's Habits. The latter described the drinks the complainant had with him during the course of a round Of the hotels on the Friday afternoon. The young man was drunk when witness left him at 6.30 o'clock. To Mr. Meredith, witness said the season he (witness) did not become drunk was that he "spilt more than half" of the liquor he consumed. The pace proved too fast for him. (Laughter.) Mr. Meredith: Do you usually spill yours at the fifth? It is a common thing amongst ordinary men. His Honor (incredulously): It is a practice? I have never heard of it before. " Witness (solemnly) :It is a practice. He qualified the remark by stating that it assisted to sober.one up. Mr. Meredith: Have you tried out how many you could hold without this spilling process?—No! There are times when I can drink more than others. (Laughter). The Rev. Mr. Watson and Arthur E. Bagnall, who made a joint inspection of the accused's premises a week ago, detailed the satisfactory nature of the lighting in them.

"Perfectly Sober." "The man was perfectly sober/ declared Senior Sergeant Lanagan, of Newton, in referring to the complainant's condition on the Friday evening. "Had he been otherwise I would not have wasted my time on him." Corroborative evidence was given by Senior Sergeant Edwards and Detective Cummings. The detective said that if a person required a solicitor one was sent for. The relatives were also informed of the matter. (Proceeding.)