DISTRICT COURT, HOKITIKA.

Kumara Times, Issue 1518, 9 August 1881, Page 2

DISTRICT COURT, HOKITIKA.

The trial of William Barfield Gal-* land, of Kumara, for indecent assault occupied the District Court all day yesterday. The evidence as published in the West Coast Tmies this morning differs not materially from that which has already been given verbatim in the columns of this journal j and we therefore simply reprint from that journal the remarks of his Honor Judge Broad : His Honor in summing up observed, that the case had been made u simple one by the removal of one consideration. No question of consent bad been raised. The only question was, whether an assault had been committed, for the defence rested on a denial of the assault. His Honor drew attention to startling discrepancies in the evidence for the prosecution. No doubt these were very startling, and he hardly knew how they could be reconciled. It was however, for the jury to' say whether the lapse of time might not have caused them. If the jury were of opinion that an assault did take place, either at the time named in the indictment or about that time, they ought to. find the prisoner guilty. He could not admit that the evidence of relatives- of the prisoner was proportionately, as valuable as that of disinterested persons. Indeed there was authority against such admission. But the evidence of relatives was entitled to weight when given clearly and when it was unshaken by cross-examination.. His Honor then reviewed the evidence carefully and at considerable length, and left the case with the Jury, pointing out two improbabilities in the case: one that a man in the prisoner’s position should have yielded to such a base temptation, the other, that two young girls bad concocted the story. The jury retired at a quarter to five, and having come to no agreement by half-past six, the Court was adjourned until half-past seven. . - ■ At half past seven, and again at ten p.m. the jury told his Honor that there was no chance of their agreeing. His Honor then ordered the jury to retire, stating that if they came to a decision at any time before 8 a.m. next day, he could be sent for to take their verdict. He would call them before him at that hour; whether they had agreed or not. In the meantime he did not see his way to an. adjournment of the Court. At eight o’clock this morning, the jury were called into Court, and, the foreman having intimated that they could not agree, there being ten for finding the prisoner not guilty and two for a verdict of guilty, his Honor discharged the jury. [By Telegraph.] [special to kumara times.] Hokitika, August 9. Another trial commenced at ten o’clock this morning, with the following jury R. Harkis, R. Dawson, W. Sinclair, R. Sweeney, G. Davidson, F. Bruhn, J. Nolan, 'J. Fish wick, T. Hutchinson, L. J! Irvin, J. O’Neill, J. Hildrup, (foreman). The following jurors were challenged by the Crown H. Sharp, J, M'Cormick, J. Germain, J. Kiley, J. Johnston, J. Simpson, W. M'Cuflock, H. J. Hansen, R. Hobbs, R. Duff, J. Gage, and B. Bremmond. The following were challenged by the prisoner :—G. Classon', J. Drummond, F. Healy, J. Dolan, H. P. M'Keever, J. Stephens, J. Jones, R Grant, W. Jones, J. Ellis, D. McLennan, D. Blunck.