DISAGREEMENT BY JURY

Taranaki Daily News, 19 August 1933, Page 2

DISAGREEMENT BY JURY

NEW TRIAL FOR F. A, PUTT. Retiring at 12.53, the jury returned to the Supreme Court at New Plymouth at 5.5 p.m. yesterday to announce a disagreement on the charges of incest against Percival Austin Putt On the application of the Crown Prosecutor (Mr. R. H. Qufiliam), a new trial was ordered for next session, Putt being readmitted to bail, Giving evidence for the Crown yesterday morning Detective P. Kearney said that with Constable Ruston he interviewed Putt at Okato on July 14. Putt denied the allegations, but could give no reason for them. He hinted someone else was to blame, but would say .-nothing more. He admitted the two girls had shared his bed, but said this had ceased as soon as he was accused by his daughter. When informed of the result of the medical examination he again denied responsibility. lie declined to give a written explanation until he had seen a solicitor. He said he could not read or write.

To Mr. O’Leary: The interview took place at the farm and lasted about an hour. He did not remember Putt saying; “A man would not do that. He might get 10 or 15 years for it.” Other evidence was given by Constable Ruston, Rahotu. Opening for the defence Mr. H. F. O’Leary said it would be denied that anything improper took place. Up till May, 1930, the Putts were a happy family. The first Mrs. Putt was apparently a very good and capable wife and mother and looked after the family well. Counsel said family trouble developed after the mother’s death. Complaints were made that Putt was not attending to his girls well enough, or taking them out. There was nothing sinister about the two girls occupying their father’s bed.. As one of them had said in evidence, they commenced the practice out pf sympathy for their father after his wife’s death and another reason was the need to make room when visitors were in the house.

About April, 1931, the eldest daughter made allegations against Putt in respect to two younger sisters. These he promptly denied. It was not until July, 1932, that the matter was put in the hands of the police. Counsel said the married daughter’s view of her sister’s allegation at the time it was made was reflected in the fact that subsequently she accompanied her father on a holiday to Tauranga. The defence suggested the present trouble had arisen out of the second marriage, but for which, it was submitted, there would have been no report to the police. Evidence regarding the Putt family relations would be given by neighbours and friends. Some girls would say that the older of the two daughters concerned in the charge had told them on the day she had been to the doctor that her elder sisters were saying nasty things about her father, but they were not true. Putt gave evidence on the lines indicated. He said he was 51 years of age and tliat he could not read or write, but could sign his name. He said that he had had occasion to complain about some of the men friends of his elder daughters. He gave a general denial to the allegations. The girls generally repeated the allegations during the course of “raws” about his treatment of them in not taking them to shops, etc. One night on which the allegation was made he was so upset that he went to New Plymouth, arriving about 2 a.m. He found when he went to get his clothes that they had been sewn up, the tongues of his boots and shoes sewn together and eucalyptus poured into his tobacco pouch. He heard afterwards that one of the older girls had. done this. He was sure he said to Detective Kearney, “Why, a man would not do a thing like that when he knows he would get 10 or 15 years.” to the Crown Prosecutor: At no time did he regard the charges seriously, ufttil the police took the matter up. The allegations had been made over a period of about two years, xt was untrue that he told his married daughter not to speak of the matter to her husband or the two girls. He had not spoken to them about it himself because he thought they were too young. Evidence was given by Putt’s wife. She first heard of the allegations a week before she was married, she said. She ' deposed to a meeting shortly after her return from the honeymoon; the older children wanted wages, or they would leave the farm. An arrangement was

made and three older girls subsequently left. Neighbours gave evidence favourable to Putt’s character and supporting counsel’s opening remarks. They said they had not heard of these charges till comparatively recently. Mr. O’Leary and Mr. Quilliam addressed the jury briefly and his Honour summed up, the jury retiring at 12.53.