JURY DID NOT KNOW

Sun (Auckland), Volume I, Issue 274, 9 February 1928, Page 1

JURY DID NOT KNOW

“MAN'S 21 YEARS OF CRIME’’ EX-SEAMAN ACQUITTED FAIRNESS OF JUSTICE An illustration of the fairness of British justice was provided at the Supreme Court yesterday, when a jury was kept in ignorance of a prisoners’ former crimes. The man, who was acquitted, was said by his Honour to have “lived on crime for 21 years.” Pleading that to do a casual acquaintance a favour (he pawned a coat for him) Henry William Swift Parton, ex-seaman, aged 55, said jie was not guilty to having broken, entered and stolen from 17 St. Stephen’s Avenue, on October 19.1 The charges were that he stole a coat and cutlery to the value of £7 5s from Mrs. M. F. Smith, and alternatively that he received the stolen articles. “We sheet the whole crime home to a man named Peterson,” said Mr. Beattie for the defence. He declared that his client’s only off ence was kindheartedness. His Honour Mr. Justice Reed advised the jury that it would be justified in saying that the first charge was not borne out. The jury returned in 20 minutes, saying that it could not agree. His Honour: I’m sorry, gentlemen, but the law does not permit me to release you for four hours. Later, at his Honour’s request, the foreman explained the difficulty. He said: “The position is that a certain number of the members of the jury believe the accused’s story, but a small minority does not.” He asked whether the minority would be justified in sacrificing its opinion on account of the prisoner’s age. On the Judge expressing an opinion in the affirmative, the foreman said he could at once give the jury’s verdict as one of not guilty. Ordering that the prisoner should be discharged, his Honour said: “This shows the fairness of British justice. Probably had the jury known the record of the accused it would not have been impressed by his age. He has lived on crime for 21 years, but we were not allowed to tell you that before.” “I wanted to ask that question before and I was not allowed,” said a juryman. “No, we could not tell you that,” said his Honour.