JURY ADDS RIDER

NZ Truth, Issue 1263, 13 February 1930, Page 7

JURY ADDS RIDER

« — Allegations Not Sustained CHARGE" FAILS (Prom "N.Z. Truth's" Special Dunedin Rep.) Strong comment on the deplorable circumstances disclosed m the evidence submitted by two young girls who are now m the charge of the State was added to the jury's verdict of not guilty, when, ; m the Ounedin Supreme Court, a deformed young man was charged with a serious offence against . a girl under the age of sixteen years. "THEOBALD MATTHEW STEPHEN 1 LAWLESS, who Was charged with the alleged offence, was represented by Mr. C. J. L. White. At the conclusion of the evidence, his Honor, Mr. Justice Kennedy, remarked that there was no evidence upon which the jury could convict. The jury, without leaving the court, returned a verdict accordingly. ACCUSED'S DENIALS The judge's very definite direction to the jury was based on the fact that both the girl witnesses denied that Lawless had committed impropriety with them, although to Mr. White each alleged improper conduct with Cyril or Pat Lawless, accused's younger brother who previously was acquitted. One of the girls made similar allegations m respect of a man named McDonald, another, member of the party. In the course of cross-examining the first girl, counsel also elicited the fact that she had been present at "the crib" when a parade of girls was staged before the men present. ■, " Detective W. Roycroft said that when interviewed m connection with the charge, Lawless denied improper conduct at any time. To Mr. White's suggestion at the conclusion of the evidence' that there was no case to answer, his Honor announced that he must direct the jury to find a verdict of not guilty. "On behalf of myself and fellowjurors, I wish to mention that it is to J be deeply deplored that such a state of affairs should exist as that revealed m the evidence," the foreman of the. jury added, after pronouncing the verdict. Lawless was discharged.