"A DIFFICULT CASE."

New Zealand Herald, Volume LXIV, Issue 19633, 11 May 1927, Page 14

"A DIFFICULT CASE."

JURY UNABLE TO AGREE. RETRIAL OF A FARMER. The retrial of William Jenkins, aged 65 (Mr. Sullivan), on a charge of committing a serious offence against a girl, aged 14, was heard before Mr. Justice Stringer in the Supreme Court yesterday. Alternative charges of attempting a serious offence and of indecent assault were also preferred. A new trial was ordered by Mr. Justice Herdman last week, when a jury failed to agree. J Mr. S. L. Paterson, for the Crown, said prisoner was engaged in farming at Glenfield, near Birkenhead, and the offence was alleged to have been committed in a shed on the property. The girl was employed on the farm, and in a statement made to the police prisoner said his wife had seen the girl and him together. The girl stated in evidence that prisoner had not committed any offence. Mr. Paterson : Do you remember making a statement to a detective ? Witness: No, I do not. He asked me questions and put down what I did not say. Mr. Paterson was granted leave to treat witness as hostile in view of her denying a signed statement she had made. Further questioned, the girl admitted she had signed the statement, but said she did not know what was in it although it was read to her. Detective McYVhirter produced a statement signed by prisoner in his presence, in which certain allegations were admitted bv Jenkins. In reply to Mr. Sullivan witness said he was satisfied prisoner knew what he was signing. He had not asked for his glasses to sign the paper. Prisoner in evidence denied the offence. He admitted signing the statement, but he did so because lie was induced by Detective McWhirter. "I was aw ays given to understand never to trust a policeman or a detective," said prisoner. (Laughter.) "The detective did all the talking and did not take down my answers when I denied anything. He made himself so plausible that I' signed the statement." His Honor: Why did you not get your glnsses T Witness: He made himself so plausible. His Honor: He. made himself so plausible that you forgot your suspicions about policemen. His Honor said that the only question for the jury to decide was whether prisoner had attempted to commit an offence. The young girl was an utterly unreliable witness and, inasmuch ns she had shown herself to be deceitful and untruthful, her evidence could be disregarded. There was good reason to believe that sufficient force had been brought, f>> bear upon her to make her deny her first statement to the police. The jury, which retired at 3.27 p.m., returned at 8.5 p.m. and reported a failure to agree. Mr. Justice Stringer: T am not altogether surprised. It has been a difficult caso The Crown Prosecutor (Mr. Meredith) formally asked leave for a new trial pending the usual reference to the AttorneyGeneral whether or no there should now be a nolle prosequi. His Honor granted the application and the position with respect to future procedure will be made known to the Court on Fridav.