DISAGREEMENT BY JURY

Taranaki Daily News, 11 August 1932, Page 5

DISAGREEMENT BY JURY

ALLEGED MURDER OF BOY.

JUDGE ORDERS NEW TRIAL.

By Telegraph.—Press Association.

Auckland, Last Night. When the trial of the half-caste boy Beta, Fred Gardner, cm a charge Of rawdering an old man, George Crewe, at Ruatangata, was resumed to-day Mr. Justice Smith said that he had decided that the last statement made by accused to the police before his arrest was inadmissible as evidence. Addressing the jury counsel asked them to dismiss from their minds everything except the evidence. There was no evidence to connect the boy with anything except petty thefts, and it had not been proved that he was ever pear the dead man’s hut. Summinor up the judge said there was evidence that accused was subject to rapid emotional changes, but none to prove violent tendencies. There was no definite evidence to connect accused with the striking of the blow that death. The jury must be satisfied tha.t it was accused who wielded the axe before they convicted him. After a retirement of four hours the jury disagreed and a new trial at the next session was ordered.