WITNESSES ABSENT

New Zealand Herald, Volume LXX, Issue 21560, 3 August 1933, Page 12

WITNESSES ABSENT

SUPREME COURT RETRIAL The retrial of Arthur Lewis Cummings, fined 61 (Mr. Field), on a charge of indecently assaulting a girl aged nine years at Otahuhu, was •commenced before Mr. Justice Smith in the Supreme Court yesterday. At the first trial the jury disagreed. When the case was called, Mr. Field said some of the witnesses for the defence had left the Court the previous afternoon before tho case was finished and did not know they would be needed again. He asked that tho case be stood down until next sessions. "But 1 made the fixture for to-day," His Honor said. "Surely you had ample time to arrange for witnesses, Mr. Field." Mr. Field said most of tho witnesses lived at Otahuhu and only one of ,them was available by telephone. His Honor adjourned for a few minutes and consulted with counsel in chambers. On resumption the jury was empanelled, accused exercising his full right of challenge, while IS jurymen whoso names were called wore stood aside by Mr. Hubble. The case for tho Crown was completed during the afternoon and accused gave evidence on his own behalf. At tho conclusion of Mr. Hubble's cross-examination, the Court was adjourned until this morning.