INJURIES TO PATIENT.

New Zealand Herald, Volume LXVI, Issue 20175, 8 February 1929, Page 13

INJURIES TO PATIENT.

CHARGE AGAINST ATTENDANT

THE JURY FAILS TO AGREE

JUDGE ORDERS NEW TRIAL.

[BY TELEGRAPH. —PRESS ASSOCIATION.] WELLINGTON, Thursday.

The trial of Henry Dixon Tyrcr, an attendant at the Porirua Mental Hospital, on a charge of having, with intent to do grievous bodily harm, caused actual bodily harm to one of tho inmates of the institution, was concluded in the Supreme Court to-day.

Mr. Leicester, counsel for accused, put it to the jury that Tyrer's record precluded the possibility of his having committed such an assault and that the record of Quintall, the other attendant, was such that there was grave danger in accepting his evidence It was, he said, impossible to say the patient's evidence was not that of a man of unsound mind. If tho jury had any doubt their verdict should bo in accused's favour.

In his summing up Mr. Justice Herdman remarked on the gravity of the matter. No man in his sound senses would come to the conclusion that a man would inflict on himself such injuries as the patient had sustained, in regard to Quintali's evidence, he said that because a man had been convicted of an offence it did not follow he was incapable of telling the truth. In connection with the allegation of a ttght with another patient His Honor asked why Struthers was not called to give evidence which would be of supreme importance to tho defence. On the whole of the evidence the jury was entitled to consider tho Crown's case had been proved, but the matter was entirely in their hands. Tho jury retired shortly before the luncheon adjournment and at 4.45 p.m. returned to the Court. The foreman stated they were unable to agree and there was no chance of an agreement. The jury was thereupon discharged and a new trial was ordered for Monday next. Accused was allowed bail.