McCONKEY NOT GUILTY ON SECOND CHARGE

Manawatu Times, Volume LIII, Issue 6677, 2 August 1928, Page 3

McCONKEY NOT GUILTY ON SECOND CHARGE

TO BE SENTENCED ON FRIDAY FOE FIRST OFFENCE. Robert McCoukcy, carpenter, of Feilding, who was found guilty in the Supreme Court ou Tuesday of indecent assault upon a step-daughter, stood his trial yesterday on a second charge of indecent assault alleged to have been committed on July 4 upou a second step-daughter 13 years of age. The jury found him not guilty. The jurors empanelled were Messrs W. Lewis (foreman), A. Drydcn, G. Bannerman, L. H. Winton, C. J. Brown, A. Harvey, W. E. Greenfield, A. J. Hunt, A. Wycherley, W; S. Dustin, G. W. Aldridge, D. U. Saywell. The Court was. cleared at his Honour’s direction and an order made that the evidence should not bo published. Mr. Cooper submitted, as in the first case, that no evidence had been produced to identify the girl with the person mentioned in the birth certificate produced. . , Mr. Cooke stated in -reply that the girl had been scon by the jurymen who would no doubt bo able to judge her age. It could not be suggested that she consented to the act alleged against accuscch Her step-father had told her to do a certain thing and under his authority and control, she had done it. Counsel addressed the jury briefly. His Honour reminded the jury that tho first matter to be decided was whether the assault alleged was indecent or not. Ho thought they should have no difficulty in that direction. As regards consent, no man was allowed to assault a girl under .16 years of ago and raise the defence of consent. Accused was the girl’s step-father and had said her mother’s instructions were to always do as her step-father told her. They (the jury) as men of the world, would bo able to decided whether the girl’s will went with the acts alleged or not. HiS Honour referred to the custom" of tho Court to warn juries to be very careful in convicting- a man on uncorroborated evidence. They were entitled, however, to do so if they accepted the girl’s story as true. He proposed to place three issues before them for their answer. .(1) Was the girl under the age of 16 years on July 4, 1928. (2) Did the accused commit the acts alleged? (3) Ii so, did the girl consent "to the commission of tho acts? His Honour pointed out, however, that, if they so thought, the jury could return a general verdict of not guilty. After a retirement-of an hour and a quarter, the jury returned with a verdict of not guilty. . ... , , . Prisoner was remanded to Friday at TO a.m. for sentence in connection with the charge heard on Tuesday.