JOCKEY ON TRIAL

Dominion, Volume 21, Issue 288, 5 September 1928, Page 13

JOCKEY ON TRIAL

ALLEGED OFFENCE AGAINST GIRL JURY DISAGREES Dominion Special Service. Mastertou, September 4. Walter Scott Bagby, a jockey, appeared this morning in the Supreme Court, to stand his trial on a charge of committing rape on a girl, aged 18J, at Masterton, on April 14. Alternative charges were preferred of indecent assault, and of committing an indecent act in a public place. His Honour Mr. Justice Ostler occupied the Bench. Mr. B. R. Burrldge conducted the case for the prosecution, while Mr. T. M. Wilford (Wellington) appeared for accused. In outlining the case for the prosecution, Mr. Burridge said lhe offence was alleged to have occurred at Hie rear ot the Central Arcade build. . in Queen Street, Masterton, where iuere was a yard open to the public. Above was a 'hull where dances were conducted. On the ’night of April 14, the girl concerned in the case was attending a cheap form of dance in the hall, to which accused and his friends arrived at about J.lo p.m. During the evening the girl went down into the yard to the cool air. The accused followed. When the girl was about to return to the hall for the next dance, accused caught her arm. She toll him to let go, but accused made her sit on a seat, and alter a struggle, committed the offence alleged. She screamed, but her cries were passed unheard. Later, the police visited accused at the stables where he stayeit. He showed signs of having had ■ liquor. He admitted having'danced with the girl, but denied atty knowledge of the offence with which he was charged. Inc girl, after the assault, returned to the dance hall 'When she reached home, she complained to her mother of what had occurred and after medical attention had been obtained the police were informed. Complainant gave evidence in accordance with the foregoing statement, and said that when she returned to the hall she danced the last dance, going once round the room. After the dance, witness waited outside for her girl friend, but as the latter did not appear, witness went home alone, except for being accompanied a short distance by one McKay, under cross-examination, witness denied that she "had set her cap” for accused, that she had passed three people on her way back to the hall lifter the alleged offence, or that she returned arm-in-arm with accused. She said she preceded Bagby and did not look back. Mr. Wilford: Did you not tell Miss Kjar that Bagby offered you wine, and you broke the bottle? Witness: She was bribed to say that. James Alexander Cowie, medical practitioner, of Masterton, deposed that the girl was brought to his surgery at 2 a.m. on April 15. He examined her, and found her condition was consistent with her having been raped. ~ „ Cross-examined, witness said the condition of the girl was also consistent with accused’s having acted with her consent. Constable Devine deposed that in company with Sergeant Dyer he visited accused at the stables at Opaki after a complaint had been made to the police by the girl. As accused was being taken awav, the brother of Bagby said: “Now, Wally, keep your mouth shut until you S °At r this stage His Honour intimated that as the Crown Prosecutor could not Prove that the Arcade was actually a public place, he could not allow the third charge to be preferred. In outlining the ease for the defence, Mr. Wilford submitted there had been no corroboration of the girlis story, and that what statements ot’ consequence she bad made were untrue. Irene Gray, aged 17 years, said in evidence that she was In company with one Miss Whistler and Ernest Hubbard on the night of the alleged offence. At about 1130 p.m. witness saw the girl concerned walking back to the hall arm-in-arm with Bagby in the Arcade. Witness spoke and the girl answered. , Marian Grace Kjar, aged 16 years, deposed that, before the end of the dance the girl told her she was going home with Bagbv. Witness when' she left the hall to go'liome saw the girl and Bagby talking to Adlan l "' Scott, car-driver, stated in evidence that, contrary to the statement of complainant that she was alone with Bagbv during the whole affair, witness was introduced to complainant as she sat on the seat outside with Bagby. Further evidence was culled as to the movements of complainant during the evening, contrary to her own. In his summing up, His Honour said certainly the evidence of the girl was outweighed bv the witnesses for the defence, but the jury was at liberty to believe her. Her prompt complaint. and medical evidence was corroboration. There were some discrepancies in the evidence for the defence. His Honour thought it not unlikely that a man in the position of accused would go to his friends and concoct J a retirement of four hours the jury announced that it was unable to arrive at an agreement. The ease will be reheard at the next Wellington session. Bagby was released on the same bail until the morning, when His Honour will decide the new conditions.