SUPREME COURT.

Dominion, Volume 6, Issue 1595, 12 November 1912, Page 9

SUPREME COURT.

- ...RETRIAL.OF.WM..KNOX.:,. A fresh'jurywas empanelled at the Supreme' Gburt yesterday, for ' the second trial, before ; the Chief Justice (Sir Kobert Stout), of Wm.' Knox, a tailor, charg-' ed witiNh'aying -performed certain, illegal a girl of 17. Mr: H. H. Ostler, of the' Crown, Law Office,, appeared for the-.tCrown;- - "-■' .■;'•-- > The'fiPiWf© three•separate r and'distinct.'. charges relating to incidents in different places in-Wellington- in September; 1911. .At the'first, trial last Wednesday, the 'jury .were unable;to agree. Yesterday the accused again pleaded not guilty and was defended by' Mr. T. M.- Wilford (instructed by Messrs. Fitzgibbon and Perry), with whom was associated Mr. W. Perry. His Honour ordered the Court to be cleared (luring the hearing of the case, and made an order prohibiting the publi.•cation of evidence. After'his'Honour had summed up, Mr. Wilford observed that his Honour had put it,to the,jury that they might find the prisoner guilty on. all, two, one, or none of the counts. He asked if his Honour would- also put-it to the jury: that if they found the prisoner 'guilty on one of. the counts, he would be liable to the same penalty, as if he were found guilty on all. .-. ■ ' '■'•'. .'■-.'' His '■ Honour: You have- no right to ask mo to .put that to the jury.. It is only misleading the jury and asking the jury, to assume that the Judge will give the highest penalty that the law provides— which the. Judge not one time in a hundred does. '-.■''.'■ V. The jury returned at 7.45 p.m., and'an-, nounced-a': disagreement. ,: His Honour: Are you likely to agree? The foreman: No, your Honour, there is no possible chance of agreeing. His Honour: I am very sorry our laws are so very different from the laws inother countries—Germany, France, and some-parts of America—where the agree-, ment of the twelve jurors is not required; I do not see why, if Judges are not asked te agree upon questions of fact, twelve jurors should be asked to do so. ! A' hew trial was fixed for. Tuesday next, aid the'second charge against Knox will bo proceeded with to-day.