JOCKEY ACQUITTED.

Auckland Star, Volume LIX, Issue 259, 1 November 1928, Page 25

JOCKEY ACQUITTED.

RETRIAL ON GRAVE CHARGE.

"UNSAFE TO CONVICT;" SAYS JUDGE,

(By Telegraph.—Own Correspondent.)

WELLINGTON, Wednesday.

Walter Scott Bagby, a jockey, charged with having committed rape at Masterton, was acquitted to-day. The jury disagreed at the first trial, held at Masterton, after being out for four hours. Mr. Justice Reed said it was impossible to believe that all the witnesses for the defence were untruthful. It would be a dangerous thing to suggest that the girl's statement in regard to what happened was a correct one. The story she told was rather extraordinary, and in face of all'the evidence brought out Be did not think it would be safe to convict.

"That was my own view at the time," he added.

The jury discussed the matter among themselves and decided to continue with the case. Mr. T. M. W?lford said that in view of his Honor's lorg experience it would be idle for him U address the jury at any length. He stressed the gravity of the charge, stating that it was next to that of murder. He suggested to the jury that then> was no doubt the complainant was untruthful and that she was not to be relied upon. He also suggested that the likely story was one of consent. The jury were absent only six minutes.