A CASE BREAKS DOWN.

Evening Star, Issue 14572, 22 May 1911, Page 1

A CASE BREAKS DOWN.

At Wellington on Saturday Edward Reynolds and Annie Peterson were charged with attempting to commit an unlawful offence on a girl seventeen years old. Reynolds was further charged with a minor, offence. The Chief Justice, after consulting Mr Justice Chapman, declined to have tho prisoners tried separately, but agreed to reserve the point for the Criminal Gonrt of Appeal. Duing tho hearing a promt arose concerning the necessity for corroboration of the girl’s story. Mr Hardman, who defended Petciscn, said that the case, as shaped by the Crown, did not disclose any evidence which corroborated tlie story of the principal witness, who was an accomplice. There was no corroboration as to tlie actual perpetration of the deed. Mr Wilford, who appeared for Reynolds, quoting Russell on Crimes, contended that it had boon long adopted as a general rule of practice that the testimony of an accomplice ought to receive confirmation, and that unless it were corroborated in some material part by unimpeachable evidence the presiding Judge ought to advise a jury to acquit the prisoner. His Honor upheld the contention, and directed the jury that it was their duty to bring in a verdict of not guilty. He had to put aside his personal feelings in this matter. Ho assumed tho girl’s story' to be true, but notwithstanding that, our law was such that in this class of crime, where the girl herself was a participant, and did the thing voluntarily, there must be entire corroboration of hor story, and he did not think it would bo safe for a jury to bring in any other verdict than that of not guilty. The girl might have a civil remedy. Her parents might be able to sue for seduction, and might call Mrs Petersen,, who would bo bound to give evidence. If he were in the wrong the Court of Appeal would rearrost, and, if proper, order a now trial. His Honor was very sorry, considering the circumstances, but as a Judge ho must carry out the law. The jury acted in accordance with the direction, and found a verdict of not guilty. Mr Neave (for the Crown) will move for a new trial. A nolle prosequi was entered in other charges.