A NOLLE PROSEQUI

New Zealand Times, Volume XXXVIII, Issue 8733, 15 May 1914, Page 7

A NOLLE PROSEQUI

WOMAN’S PROMPT ACTION

“DISCHARGED A PUBLIC DUTY.” The necessity for tho re-trial of William Hickey, an inmate of the Ohiro Home, on a charge of indecent assault upon a girl of six years, lias been dispensed with. The'original trial 'took place in the Supremo Court on Tuesday, and the jury, after being out for four hours, wore unable to agoo. His Honour then intimated that a now trial would be hold during the present session.

Yesterday morning the Crown Prosecutor (Mr H. H. Ostler) announced that he had obtained the AttorneyGeneral’s permission to enter a nolle prosequi. This was not because tbo Crown had reason to doubt the veracity of Mrs Cranmer (whose evidence as to tbo assault was not corroborated, the examination of the girl being discontinued ou account of her extreme youth and consequent inability ,to answer the questions satisfactorily;. That lady deserved the thanks of the community for her fearless performance of a public duty. The Crown had taken this course because it was felt that it was an unwise principle to ask a jury to convict on tbo uncorroboi ated oath of one person. There had been no physical harm to the child, and, on account of her infancy, probably no moral barm. Moreover, the accused was in the evening of his days.

His Honour asked Mr P. Jackson (counsel for the accused) if Hickey desired a new trial, in order, if possible, to secure a verdict of “not guilty." Mr Jackson replied in the negative. His Honour then said he thought the proper course had been followed. He had felt that when the evidence of the child became unavailable the case was removed into that region where it was, perhaps, unsafe to convict, where there was oath against oath. “I should like,” added His Honour, “to concur in the observations regarding tho manner in which the lady who gave evidence discharged a public duty. No doubt many of these cases do not come before the court because of the reluctance of people to give information. The prisoner is entitled to have it that it wius a possible case of mistake; but even if the lady were mistaken, it was creditable on Her part to come forward as she did. The prisoner is discharged.” “Thank you, Your Honour,” responded tho as he left tho dock.

The judge added that the grand jury had sent in a rider (which ho had deferred announcing until the case should bo disposed of) wishing to convey their sense of the public duty Mrs Cranmer had performed.