CHARGE AGAINST FARMER

Auckland Star, Volume LXIII, Issue 125, 28 May 1932, Page 6

CHARGE AGAINST FARMER

LEGAL POINTS RAISED. QUESTION FOB APPEAL COURT THIRD TRIAL POSSIBLE. The ease in which Marwood Dean, farmer, of Henderson, is accused of a serious offence against a girl under the age of 10 was again mentioned in the Supreme Court to-day. Dean was convicted, after two trials, at the recent criminal sessions. The jury disagreed at the first hearing, before Mr. Justice Smith, and the second trial was held before Mr. Justice Herdman and a new jury. To-day Dean's counsel moved for a new- trial, on the ground that the conviction was against the weight of evidence. He also applied for points of law to be reserved for the Court of Appeal. In doing so counsel requested that a certain paragraph in the statement of claim might be allowed to be withdrawn. He apologised for its insertion, which, he said, was due to an inadvertence, consequent upon heavy pressure of work. Mr. Justice Herdman granted the withdrawal and accepted counsel's apologv. He allowed the points of law to be reserved. "I. doubt very much whether I am entitled to grant leave for a new trial," added his Honor. "The matter must first go to the Court of Appeal." Accused, who has been in custody since the first trial, was allowed bail in one surety of £200.