SERIOUS CHARGE

Gisborne Times, Volume LXXII, Issue 11449, 25 February 1931, Page 6

SERIOUS CHARGE

ALLEGED UNLAWFUL J{ELATION B JURA' FAIL TO AGREE After a retirement-of over four hours. the iurv failed to agree, in connection with the first pase heard before His Honor Air .Justice McGregor, in the Supreme Court yesterday. .Clarence Allen Gy do, 34; was the accused and Tic was charged with having had unlawful relations with a girl between 12 and JO years at Here on April 25 last. A new trial at the next local session« of the • Supreme Court was ordered. ■The followin'' jury was cnipauuoll(.rl - Rees Madded fforcnnii'U FrcdAlel'dosh. Edward AlrKlvmi. 'rerenco Patrick M.arl'u. Geo'-fe AA’esl, Fvson, Stewart Brown,. 'Edward Rai, Arthur Aderoft, Arthur Bft mi 11 on. Frederick W. .1. Stevenson. He rev John Allen and Leonard 0. WrightMr. F. AV. Nolan prosecuted and Mr. R B. Hill apnea red for accused who pleaded not guilt''. The first witness was the aunt of the girl against whom it was alleged the offence was committed. The girl was horn in England and witness first saw hi"' when she was three weeks old. She was 15 last December.

'l’he «Hrl also gave evidence Dr. H. Angell, who examined the g : r in August last, stated lie found she v's t!'°n in a certain condition. ‘To Air. Hill.'witness said that the girl looked to him about .1(5 op 17 years of ago when be examined her. Deteeti-re AlcLcod stated that., in August, be interviewed accused regarding bis relations with the cud, but accused denied that anything wrong had occurred. This concluded the case for the Crown, and no evidence was called for the defence. Air. Hill stressed the point that, there was no defence available to a man over 21 who had had relations with a girl under the age of 16. even though she were oniv a day under that age. Before finding him guilt", the evidence should be eons'dered with the greatest care. Counsel contended there was nothing beyond ilm mere statement of the aunt, who saw, she said, the girl three weeks after birth, to connect the girl in court with the one mentioned in the. certificate. The Crown case, too. vested <>n the. bare statement of the girl who. b<■ her own admiss'ons, wi/s verv indiscriminate in her alf potions. Was the jury going to take flu* uncorroborated .statement of a child, who might have been in a verv neurotic state when questioned, and on that convict .'mousedP Bumming up, llis Honor pointed out that the duty of the Crown was Lc> satisfv th“ jurv of tiie man's guilt and, in default "I' this, tin* jury must, acquit him. There \\ as no suggestion of assault in tig, present ease. Regarding the girl's age, there was the evidence of the aunt who stated she saw the girl three weeks after birth and had since adopted her. There was no evidence to contradict that given hv the aunt and it seemed to" him that they must be satisfied ou the point oi age. No attempt had been made to shake the girl s storv which was told simply and straightforwardly; and no evidence had been produc'd to eontradet the evidence given bv the girl. The jury l retired at 12.30 p.m. and returned at 4.30 p.m.. with the announcement that it was impossible to reach an agreement.

Air. .Nolan applied lor a new trial a* the dune session ot the Bupreme Court at Gisborne, tin’s being granted and accused being released on bail as previously.

A EllDlC’i OF NOT GUILTY

A. E. BIAILEE ACQUITTED

A similar charge against Arthur Ernest Binder. Ik. a fencer, was then proceeded with. Air. 1. AA . Nolan prosecuted and Air. R. B. Hill appeared for accused, who pleaded not guilty. Tiie following jury ua.-> empaimelled: Edgar A. Coilctt (foreman). Louis H. Bisseiiden. Archibald Murray, Charles R. Pollock. George R. AlcKenzit*. James J. AlacDonakl. 1 rederick B. Bousfield. A'ineent Norman, John Bayliss. AA’illiam Ji. I'baus, AA ilmott (on and Thomas Harding.

In opening the ease. Air. Nolan pointed "out that it differed from the previous one in that a ten sod was under 2L years of age. therefore the defence that he believed on reasonably grounds the girl was over 16 was open to him. When it was learned that the girl was in a certain condition, he had offered to marry her. The aunt of the girl gave smiilai evidence as in the previous easy and stated that accused came to see her in July last. Binder then admitting be bad been with the girl and offering to inarrv her whether or not he was responsible for her condition. Ou the advice of witness, accused saw his parents and they consented to the marriage. The girl also gave evidence. Detective AlcLeod said that, on December 4 last, lie interviewed accused at Here, Binder then admitting that he had been with the.girl, but adding that he had believed she was over 16. Accused also informed witness lie was ready to marry the crirl if lie was responsible for her condition.

This closed the Crown ease. Accused, in the witness box, admitted that he had had relations with the girl on cue occasion last April, he then believing she was over 16. To Air. Nolan, he said that he believed she was 16 because she was well-spoken and appeared too clever to be any younger. Addressing the jury, Air Hill pointed out that the defence that Hie girl appeared over 16 was open to accused. Binder, when lie thought about the matter at all, must have firmly believed she was over 16, especially since she had been carrying on with other men. ~ His Honor, in summing up, said it had been clearly proved accused had relations with the girl and it was clearly proved she was over 12 and under 16. hence the Crown s onus of proof on this point had been discharged. A special defence was available, however, and this was that, if accused had reasonable grounds ot believing the girl was over 1(5, then be was not- liable. That was tho main point for the jury and it appeared to him curious that a young man of; the world should not have asked the girl her age. The. jury retired at 3.50 p.m. and returned at 4.20 with a verdict of not guilty. ’