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TO SERVE TEN YEARS, NZ Truth, Issue 1122, 2 June 1927
TO SERVE TEN YEARS
Gardiner Sentenced For Grime Against Young Girl
(From, "N.Z. Truth's" Special Christchurch Representative.)
TH E statement made by this witness whose name counsel did not divulge to the Court was referred' to as was aISO the report ol Lawyer Sargent's movements m the matter of the new trial-^when Gardi ncr anneared for sentence last week and received j ,
giiiiiiliiiniiiiiiiiiiiitiiiiiiiiiiiiiiiii'iiiiiiiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii §' _,'.' . ' . .. . | T HE ,mPort?nt witness . who ■ I * voluntarily came to Lawyer 1 Sargent during his search for = evidence m support of his m-y | tention to apply for a new trial I for Treavo Gardiner, convicted 1 of a serious_ offence against a -§ ''young girl, has proved—in the J opinion of the police—to be ab- = solutely unreliable. = ' ' ' ' • ' 11"111 i»tiiiiiiimiiiiiiiiiiimiiiiiiiiii i iiimmiiii u
iiinr^ immoral life when 1 she was working | at the Exhibition, | Asked if he had § anything to say = on the question of | the article which = appeared m §. ■«Tk*h/^y..^wyer ,| Sargent said: -It = is very unfortu- = nate that the ni- = formation had rn.? been &iven to the newspaper.'
ten years' imprisonment. Referring to "N.Z. Truth's" article, Crown Prosecutor Donnelly; when addressing the judge, said: "The police have shown me a copy of - this week s 'New. Zealand Truth,' which contains a' report of what counsel for defence -was doing m this matter. .. • *• "The material for .^at report must have been given to Tnith by counsel himself and it contains a statement of what my learned friend was going to do. ■■•-- The Crown Prosecutor then read the passage m the published, report stating: "That young man (the witness who made a statement to Lawyer Sargent) 'Truth' is 'm a position to announcs. has made a statement. He has told all he knows—and.a sensational document it is." "And so on," continued the Crown Prosecutor. "The report goes on to ciio-w-pc-t that the statement contains material StreSely damaging to the ■ft ° "For that reason it is 1 necessary for me to point out that the. statement made by this young man is, untrue. "I do not consider it was right fbr counsel for the defence to give this statement to 'Truth' .and it is only right that I should put the other side of the matter before you. . . '^My learned friend has supplied me with a statement of one man. Detective Sergeant - Young made full inquiries into the allegations and the girl denied the statements submitted to her. "The detective, after inquiry, is satisfied that the man who made tho statements was deliberately making false accusations against the girl, because she would have nothing more to do with him after meeting him m. Dunedin." Counsel went on to say that Detective Bayliss had been asked to report on the girl m Dunedin and.what he had to say about her was to the effect that he had no cause whatever for thinking that the girl had been leading an
On the other hand, it .was common ta|k arotmd the city what was, afoot and he simply gave information that was common talk. ■ \ He had no idea that it was going to appear m the press, but he gave the information on which fhe report W^ much regret the matter now,'! counsel went on# .. hut j must also say tha(. this sta;tement made to me by the younff m a„ Was made jn writing and it was made quite voluntarily, and it contained information, that, we did not possess before the trial." ... y Referring to Gardiner,. Lawyer Sarsent said he had taken the case up Without fee. '"'""'' The man was pi ace^ m. a very awkward positlon so far. as his defence was concerned and counsel had no money available to hire private detectlveg# . - - . - . * What, informationcame^ntc, h.j . . possession later was given quite freely and voluntarily. In commenting on.the'trial prior to passing. sentence, his honor., said the prisoner had been given ah ".able:" d'eifence and had been found guilty- of serious offence. . . t ;"'"; •...'' ..'.';' , Definite information was. '-."ay'allabl'4.' regarding the ohastity of the..!ypuhg; woman and the medical testlmdiifyr at* the trial, was quite definite, yy. :. ...\ At the'request of prisoner's • counsel his honor had postponed the matter 0f sentence for further inquiry; he was now informed by the Crown Prosecutor that what was'supposed to:.be valuable, was the statement of the. person which was shown to be untrue.--Remarking that he was not concerned witn tilis matter at the present st age( his honor then reviewed the details of the: crime and sentenced Gardiner to ten years' imprisonment. _ _ He mentioned m conclusion that the Crown Prosecutor had vindicated Lawyer Sargent of , any-, wrongful intent m giving infprrnpi;-' tipn to the paper. y"■
TO SERVE TEN YEARS, NZ Truth, Issue 1122, 2 June 1927
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