SECOND TRIAL ORDERED

Taranaki Daily News, 17 February 1931, Page 12

SECOND TRIAL ORDERED

JURY ANNOUNCES DISAGREEMENT

CHARGES OF CARNAL KNOWLEDGE

Having considered the matter for four-' hours and ten minutes, the jury returned to the Supreme Court in New Plymouth last night to announce a disagreement on the . indictment charging David Morrow. Crozier with six counts of carnally knowing ofl indecently assaulting two girls at Inglewood between November 30 and December 7. One girl was aged I's years and eight months and the other 14 years and two months. A rq-trial was ordered to follow the only remaining criminal case, either today or. to-morrow. Mr. F. S. Grayling represented the Crown and Mr. R. H. Quilliam appeared for Crozier.

The following jury was empanelled: A. J. Huggett (chairman), , George Pound, Harold Lester, J. A. Burr, David Spencer, S( W. Brown, H. G. Peterson, W. M. Anderson, P.,A. Bulmer, Albert Feaikins, L. G. Innis, H. J. McKain. On the application of Mr. Grayling the court w r as cleared.

Crozier, said Mr. Grayling, was a single man aged '' 56. He worked for his brother, who was a farmer and stock-dealer in Inglewood. The girls were friends, and at the time of the alleged offences they were staying together at the home of one of them. Before this Crozier had been staying at the place, so he knew one of the girls well. The other did not know him until November 30.

’ On that evening 'both girls were playing in front of the house when Crozier came up and asked them to go with him to the cemetery, where there was a grave of one of his relatives. At first they refused, but later the mother said they could go. Instead of going to the cemetery, however, they went to the recreation ground adjoining. According to the evidence, Crozier there asked one of the girls to commit an offence. She refused at first, but later consented provided the other one would. Each girl saw what happened to the other. Crozier gave one girl 3s to share with her friend.

The next offences were said to have occurred on December 4 in the recreation grounds, each girl being given Is. On December 6, it was alleged, he met one of the girls and took her to the same place. The next day, Sunday, the two girls went swimming in a pool while their brothers stayed about the rubbish dump nearby. Crozier came along and spoke to one of the girls and then both of them got dressed. Later, it was claimed, he had relations with one of them and gave her a shilling. The girls again went for a swim, after which Crozier returned and was said to have committed a second offence with the same girl. The other girl remained close by and saw them go behind some bushes. , This girl saw the brother of her friend coming towards them over the hill and she called out to warn the other two, who jumped up. It transpired that the brother had been to the house and, on finding both girls were away, he went to look for them. On coming up to them he heard a scramble and saw Crozier standing up and his sister standing in the trees near at hand. Crozier said the cattle in the vicinity belonged to him and that he was there to look after them. The brother sent the two girls home and he walked along with Crozier.

Counsel mentioned that the evidence would show that the brother had >een the girls speaking to Crozier in the town on several occasions. The’ woman at the house had noticed that her daughter had brought money home, but supposed she had received it from Crozier for clearing his relative’s grave. Dr. Faris examined one girl on December 25 and the other on December 28 and established the fact that they had been interfered with. On December 26, on the New Plymouth racecourse, Detective Meiklejohn arrested Crozier, who, in reply to the usual - warning, said he knew that anything he might say could be used in evidence against him. On the way to the station Crozier said to Constable Palmer: “I should

have known better. T should have kept away from them.” Considerable reluctance w T as shown by the two girls in giving their evidence. With the younger one counsel persevered for -some time without appreciable result and his Honour made several appeals to the witness to speak. Finally he put her in charge of the seniorsergeant, and told her to leave the court while the older girl went into the wit-ness-box. On the younger girl’s return she proceeded with her evidence without much hesitation.

Cross-examined, .the elder .girl at first denied having been out with the other girl at night before tjie time of the alleged offences. Later she admitted having gone with the other girls and the brothers of each of them. She denied having told anybody that she had not had illicit relations with Crozier. She had had a conversation with Crozier about the case. She denied that her brother had seen her leaving her bedroom window at night. Answering Mr. Quilljam, the younger girl said she had known Crozier about three years. He had boarded at her mother’s place. Sometimes he gave her money or sweets for attending to the grave at the cemetery. She had been out a good deal at night with the other girl and sometimes with their respective brothers. Another’ man had given her a pair of stockings; on one occasion she had misconducted herself with him. The other girl’s brother would sometimes go to her place on Sunday night and her mother would ask him to look after the place while she was away. Evidence was given by the mothers of the giris, a brother, and Dr. Faris, and a statement from Constable Palmer was read. 1

Remarking that the case presented some peculiar features, his Honour’ commenced his summing up by referring to the reluctance of the two chief witnesses to give evidence. In such instances it was hie duty, if necessary, to take extreme steps to compel _ the witness to give evidence. The jury would see that if evidence could be withheld in that way it would have a serious effect on the administration of the law. However, it had to be borne in mind that young girls, and even clean-minded men, would show a disinclination to use the spoken word to define the things that had been referred to in this case. There had been considerable difficulty in obtaining answers to questions and he had had to go to some lengths with the. girls, particularly the younger one, in order to get the evidence. But that did not necessarily mean that they were hostile; they may have felt some sense of shame in- relating such matters. The doctor’s evidence had been to the effect that these girls had been accustomed to frequent sexual intercourse. That had nothing to do with the case. The law did not regard depravity in children as protection for male persons w’ho took the risk of having illicit relations with them when they were under the legal age of consent. Evidence of that kind could only be produced by way of mitigation and in proper cases the punishment could be mitigated almost out of existence by a judge. His Honour gave the usual warning to the jury about the danger of convicting on uncorroborated evidence. That was not a rule of law, but a rule of common-sense, he said, and it meant that the jury must look at the matter carefully before deciding. Actually the only evidence of the alleged offences was that of the two girls. The jury’s duty was to consider all the evidence calmly, without straining it towards Crozier, and to give him the benefit of any reasonable doubt. On the other hand, if the jury were satisfied he was o-uilty, then it was its duty to convict him. If it so desired, the jury could bring in a verdict of guilty of indecent assault, instead of the graver offence of carnal knowledge. The jury retired at 5.30 p.m. and returned at 9.30 p.m.

THE INGLEWOOD CO.-OPERATIVE X BACON CURING CO., LTD., will receive Pigs from BOTH SHAREHOLDERS and NON-SHAREHOLDERS as follows:—

Toko.—Mondays, Feb. 2 and 16. Pihama.—Mondays, Feb. 2 and 16 (up to

12 noon) Douglas.—Mondays, Feb. 2 and 16.. Kohuratahi. —Monday, Feb. 16. Tariki. —Tuesdays, Feb. 3 and 17. Kapuni.—Tuesdays, Feb. 3 and 17 (up to

12.30 p.m.) Urenui. —Mondays, Feb. 9 and 23. Auroa Road.— Mondays, Feb. 9 and 23 (up

to 12 noon). Huiroa.—Mondays, Feb. 9 and 23 (up to 12.30 p.m.) Te Wera.—Mondays, Feb. 9 and 23 (1 to

4 p.m.) Stratford.—Mondays, Feb. 9 and 23. Matapu.—Tuesdays, Feb. 10 and 24 (up to 12.30 p.m.) Waitara.— Tuesdays, Feb. 10 and 24. Midhiret.—Tuesdays, Feb. 10 and 24. Eltham. —Wednesdays, Feb. 11 and 25. Smart Road.—Every Monday, Tuesday and

Wednesday. 1 Inglewood.—Every Wednesday. NOTE: An allowance of 1/- per head towards cartage will be paid in respect to ALL PIGS delivered at our Stations on the dates as above. PRESENT ADVANCES: Porkers, 60/Solb, 4d; 81/llOlb, 3id; Baconers, 111/150 lb, 34d.

We supply barleymeal and pollard and have a limited amount of meatmeaL Order from our Buyers, or ’phone 12, Inglewood.