FOUND GUILTY

Gisborne Times, Volume LXXII, Issue 11592, 19 August 1931, Page 7

FOUND GUILTY

RE-TRIAL OC W. A. JOHNSTON

REMANDED FOR SENTENCE

After a retirement of an hour, tho jury brought in a verdict of guilty in connection with tho .re-trial of William Alexander Johnston in the Supreme Court before His Honor Air. Justice Reed yesterday. Johnston was found ‘ guilty and sentenced at the last session of tho Supreme Court in Gisborne, but a motion was lodged seeking a new trial oil the ground that His Honor had mis-directed the jury in summing up. The Court of Appeal decided that it had no power to make such an order, hub application was then made to the Governor-General in Council, under .section 447 of tho Crimes Act, and a re-trial lias ordered.

Johnston was charged with attempted unlawful carnal knowledge of a gii-1 aged 12 on February 19 and, alternatively, with indecently assaulting the child. He pleaded not guilty to botli charges. Air. F. W. Nolan prosecuted and Air. D. W. lies appeared for accused. The following jhiry was empannelled: Albert E. Pyatt (foreman), F. Aston, Alexander W. Alclntosh, David Roderick, Arthur S. Buckland, Heath Athorn, Arthur IT. Alaxwell, Rupert W. Wallen, Wilmott Cox, William A. Hogg, Robert Campbell aud Gilbert B. Carr. Evidence on similar lines to that produced at the previous trial was given by the Crown and also for flic defence which contended that it was a case of mistaken identity. Summing up, His Honor pointed out that the indictment included tiro counts. Regarding the charge of alleged carnal knowledge, he was satisfied from the medical evidence that this could not bo sustained aud therefore the jury would nob need .to worry about this matter. The jury’s attention, therefore, would be directed to the question of whether accused indecently assaulted the child. His Donor warned the jury that, in view of the abhorrence which such an offence created in all decent-mind-ed people, it was necessary always to examino tho evidence carefully, as jurors might bo carried away by the abhorrence lelt in the matter. It was also essential to carefully consider how far reliance could be placed on the evidence tendered. In the present case there was no doubt that the child was indecently assaulted and there was also no doubt that tho child herself believed accused was the guilty person and that she was telling the story as correctly as she was able. The question was whether the child could have been mistaken. It was an invariable rule of practice to direct juries in this class of case that the evidence of the child should bo corroborated. Corroboration as to tho actual occurrence of tho offence was fully present in this ease, but there was further corroboration required as to the identification of accused. In England, juries were not allowed to convict on the uncorroborated evidence of a child, but in New Zealand the position was different and juries could convict if they were wholly satisfied .as to the guilt of accused', even though corroboration was absent. In the present case there was,.no corroboration as to the identity of the accused, tlie child being the only one to give evidence on this point. There was no evidence to show accused had had any other clothes within a reasonable time. The only identification was on the occasion when he was scon on the bridge and the jury would agree that the. child honestly believed sue identified' the man, but it was . J.oi them to say that this was sufficient. The jury retired at 3.40 p.m. and returned at ,4.45 p.m. with a verdict of guilty. Tlie prisoner was remanded for sentence until this morning.