WITH ALEXANDER MARTIN AT THE WHEEL

NZ Truth, Issue 1184, 9 August 1928, Page 3

WITH ALEXANDER MARTIN AT THE WHEEL

Judge Warns Former Law Clerk That Third Jury Might Not Be "Quite So Friendly"

VERDICT OF "NOT GUILTY" AFTER FOUR HOURS' RETIREMENT

(From "N.ZI Truth's" Special Auckland Representative;) '7 think y ou behaved exceedingly well m connection with this matter. You did a duty to the public m reporting^ case such as this. lam sure the fact that the jury has found the prisoner not guilty does not express any view of theirs that the story is untrue. They simply think that through the lapse of time some mistakes may have been made, but should anyone suggest thai your story is untrue, you have the assurance that the judge who presided believed your story ..."

THUS it was that Judge Reed terminated the hearing at which he had been presiding throughout Friday of last woek. His remarks were addressed to Richard Alfred Wood Shephard, a boy of fifteen, after a jury of "twelve good men and true," had brought m a verdict of not guilty at the conclusion of the trial of Alexander. Henry Martin, aged 2G, one-time law clerk, on a charge of a serious nature. A stockily-built young man, Martin entered the dock to face a charge of having indecently assaulted a male on April 27. "Not guilty," he ; pleaded. Briefed for his defence was Lawyer Fihlay, the third legal man to appear for Martin since he made his first appearance m the lower court on , the present charge, the first being Lawyer MacKay, followed by Lawyer Singer. "When the alleged offence took place, Shephard was an ' office-h oy. On Friday, April 27, he was on his way to the Auckland Grammar-School. At the corner of Mountain Road and Kyber Pass, where he left the tramoary a man came along m a Packard car. He slowed down and asked the boy if he would like a lift. "I thanked him," said Shephard, speaking very clearly, m answer to Crown Prosecutor Meredith's questioning, "and said I was only going as far as the Grammar School." Being assured .that it made.no difference, he accepted the proffered lift and was driven to the school gates. The man then asked if he intended going back to town again; the boy replied m the affirmative. indicating a road .below the school which led . towards Newmarket, the man said he would see the boy there and would give him a lift iback to town. Having delivered the parcel, the boy, not unwilling to accept the motor trip, returned to the spot indicated, found

The Boy's Version

the car waiting, entered and was driven off. But to his surprise, he noticed that instead of the car being headed for town, it went m the opposite direction; when they had gone down the mam road at Newmarket towards Epsom, he commented oh the fact. "Oh, I forgot to.tell you, I've got to .go back to look at, a house," was the, explanation. ' ' ' . The car, driven at a slow paceabout ten miles per hour, the boy thought — proceeded along Gillies Avenue and into the Epsom district. Near a locality known as Paton's estate, the man indicated a vacant area, observing: "That's a big paddock there." ' "Yes," the boy said. V'The man then asked me if I ever took any girls into the paddock at night. I said: 'No.' • . . "Then he asked me if I'd like to know what to do with them if I did? I said: 'No.' He said: 'I'll show you." 1 At tins stage the driver of the car was alleged to have committed a certain act upon which the charge was based. ' "I told him to stop his nonsense." The boy then went on to tell how the man "drove round a bit," taking various roads, until at last, seemingly having forgotten his promise to take his invited passenger back to town, he dropped him ' near . St. Stephen's Avenue, saying that he had to go back to Remuera. As the 'boy was leaving, the man, it was alleged, said: "I didn't mean anything." , "I waited till the car turned round," continued Shephard, Mthen I took the number and wrote it, dawn m my notebook." "What next?" asked Crown Prosecutor. Meredith. The boy went on: "I caught a tram and went to the Post Office to the registration department .

Changing Gears?

. . and asked for the name and address of the owner of the car of which I had taken the number." It was "Martin, Stokes. Road, Mount Eden." '•'I then went to the first policeman I saw," added witness. "In a white shirt, you would have been a conspicuous figure?" suggested Martin's lawyer. * "I might have had a white shirt on," replied the boy, "but I am not sure about that; I may have had a pullover on." Lawyer Finlay: Do you know anything about nVotor-cars at all? —Yes. . You were up alongside the gears 7— Yes. ■"■ i Did you notice anything peculiar about the geatf-handle? — No, I cannot say I did. But witness added a moment later that he thought the gear-handle bent , back towards the car seat; he remembered Martin changing gears a number of times. His Honor: "How many changes of gear are there m the Packard car? I should have thought that car would have taken those rises without changing gear. - : Lawyer Finlay: "Yes, sir, . tout apparently the car was not , in good running order." '" ■ Returning to Shephard,. counsel asked: "Your mind was immediately suspicious of ' 'the accused after he touched you with his hand, wasn't It?" The boy's answer was that he wanted' to leave the car as sobji as' possible. * You had heard about these sort of things?— Yes, I had heard. of things such as that before, but I did not think it possible that any man . . : "Oh, well, -don't give me a little moral lecture! 1 ' interrupted the lawyer. : As one man, judge and Crown Prosecutor both remarked: "Well, you asked for it— and you got it!"' Lawyer Finlay (to witness) : You were filled with resentment, Shephard? — Yes. ' ~\ , Did not j&is incident takg place \

little before yo u were going up a steep hill towards Kyber Pass?— Yes. What did you talk about between that point and Ayr Street? — We were talking about nothing m particular; I think I said something about letting me get out of the car or getting back to the city. Can you say whether it was before changing gears, or while changing gears, that he touched you? — I could not say. Crown Prosecutor: When you told him to "stop his nonsense," did he make any apology? — No, he just put his hand back on the driving wheel after I pushed It away . . . he looked sheepish. Judge Reed: Before the actual assault, you told us something h,e said to you: "What you ought to do to girls m this paddock." Was this immediately before he put his hand on you? — Yes. Next called was Alexander L. G. Stewart, clerk m the Government Savings Bank, formerly clerk m the motor registration branch, who remembered Shepbard Inquiring for the owner of the car numbered 11335. Three weeks after the alleged assault, Martin, ao Detective McWhirter told the court, was interviewed. . • On being charged with the offence, Martin repeated the word "assault".sevreral times; adding later: "Will, I can tell you there was no assault." With great self-assurance, Martin strode; from the dock to the witnessbox to give evidence. His home, he said, was m Stokes Road, Mt. Eden. . On April 27, he was driving his car when he saw the boy, Shephard, walking along the street. The boy was dressed m a light-colored shirt and trousers; it was commencing to rain. He offered the boy a lift and laterdropped him at the Grammar School. It was correct ' that he had agreed to pick up the boy. at .the Power House corner, after he had asked him if he intended going back to the city. That afternoon, said Martin, he had to go to a house m Gillies Avenue after he had dropped the boy; there were some tenants going there and he was to put the key "of the back door m the safe for them. Speaking very deliberately, Martin continued: "Just ,as I was changing gears — the car was runing along m neutral — I went to slip the car into low gear again as we were coming to a hill . . . and my hand touched the boy's knee, but he flushed my hand away and told me 'to stop my nonsense." Lawyer Finlay: What did you think

he meant? Were you surprised? — Yea, I was most surprised; I told him It was an accident and nothing was meant by it. He asked me to let him down, but when I told him it was an accident he seemed quite satisfied . . ♦ and he continued along with me. The boy states that just as he got out of the car, you said to him: "I want you to understand I meant nothing by that."— Just prior to getting out, he said: "You know I am not one of the boys that goes out with girls." Then I said: "I want you t p understand I meant nothing by that." He says that just before you touched him, you said you would ■ show him what to do with girls?— That's quite untrue. There was no discussion about girls at all. That is the only 1 part of his evidence that you, m substance, disagree with? — Tea. Crown Prosecutor (cross-examin-ing) : Have you any settled occupation? —No. You stopped and asked this boy did he want a lift?— No, I did not stop. He looked towards me as I drove by and beckoned to me . . . How did you know where he was going?— l did not know. Well, what was your object m pulling up, when you did not know where he was going? — He was walking along Mountain Road m a .light >hirt and it was raining; I knew I must be passing somewhere m the vicinity of* his destination. "Did you ask the boy, where he lived?" inquired his honor. "Yes," ' was the answer. But Martin denied making any reference to the paddock. "Did you ask him if he took girls there at night?" persisted the Crown Pr.osecutor. Martin replied that the boy must have invented the story about girls. Francis Joseph Cullen, consulting engineer, was called by the defence to prove that the handle of 'the gearshaft would come very near a person sitting beside the driver m the front seat. It might touch a person m that position. "A dangerous sort of seat for a lady passenger!" remarked the judge. Francis Cadman was also called to prove the peculiarity of the car's gearhandle. He had . made some experiments and found that the handle came back over the seat about six inches. , At the urgent request of Lawyer Finlay, the jury went outside, under escort, and made an inspection of the car.

On their return to court, the Judge having: resumed his seat, the foreman announced that they would like to see both Martin and the boy m the car; another adjournment accordingly took place. Judge Reed opened his direction to the jury by remarking: "I trust you may not be influenced by the idea that the matter is a trivial one. "If you believe the boy's story, this was an approach -to' something which might take place when not under observation. Interference with boys is a serious offence— it may affect a boy's whole life. , ' . ' i "If you believe the boy's story it is a serious matter. If you discredit the boy's story, you are bound to give the accused the benefit of the doubt . . . "It is clear that Martin did not take the shortest way to the house he said he was going to look at. If you think the boy's story has been invented, of course, you should so find, but it is for you to consider if it is at all probable. "It is beyond dispute that the accused did touch the boy's leg . . . v and the boy resented it. "What would you have done if your hand had touched the boy's leg and he had said: 'Stop your nonsense'? "If you had been the men I take you to be, you would have said to the boy: 'Here, get out, you young blackguard!' "The question is essentially one for ] you to consider. If you believe the boy's story, m justice to yourselves and to the public, it is your duty to find the accused guilty." . • The jury retired at 12.40 p.m., to return at 4.10. Rising to his feet at the words: "How find you?" the foreman announced that they had. been unable to arrive at a decision. The reason given was that some of the jury were dissatisfied with the length of time which had elapsed betWeen the occurrence and the arrest of Martin. ,

Jury's Questions

That they might be enlightened before retiring, again, the boy was called into the witness-box. He explained m answer to questions that his statement had been taken at the police station three or four days after,. the event. "Would the length of time intervening be longer?" asked the judge. "No, sir," was the answer. - Rising again, the foreman said: "The policemen tojd us, it was about a week before he found the boy." His Honor: "I think you are mistaken." . " The notes of evidence were examined but no statement of this nature was found. / Lawyer' Finlay jrose to remark: "What was said was that they were &■ week making inquiries." : The foreman then announced that they wished to know why three weeks had elapsed before the detective made the arrest. Detective McWhirter was recalled. He said there had been no difficulty m finding the boy. The delay was due to the fact that the detective* had been engaged pn a series of inquiries and had to take them m turn. He was asked why there had been delay m effecting Martin's arrest. "I was not instructed by my inspector until the day before I ar- . rested him," replied McWhirter. His report, he added, had been held for several days; he had then received his instructions. / To prove that the detective was correct, the police file was sent for. It showed that five days had elapsed between the incident and the taking of the statement. "Can we see the statement made to the police?" asked the foreman. Mr. Jusice Reed replied, that such a proceeding was not usual, but they could if Martin's counsel did not object, Lawyer Finlay did not -think, however, that he would care to take the risk. So the jury again retired to consider the verdict.

Fateful Verdict

It was 4.40 p.m. when>they returned to court. Martin stood In the dock, somewhat pale; his honor was seated. • It was a 'tense moment while the court waited for the fateful words which. wbuld set the accused free— or brand him guilty. "Not guilty." Then, after a moment of silence, the foreman added: "The jury are not satisfied with the lapse of time between the date of the information being laid and the statement being taken froni the boy." ■■ \ There was no doubt that his honor's opinion did not coincide with that of the twelve jurors, even before he gave utterance to the incisive remarks which immediately followed. With his eyes fixed on the man m the dock, he said: "Prisoner, the jury have found you not guilty. They, perhaps, do not know that you were tried last February for almost the same offence — on a »boy m very much the same circumstances as the present." Every word, as' it fell from his honor's lips, was cold, clear and de--Hberate, audible to every person m court. .■■•'"- He continued: "Of course, you were found not guilty . . . ' and you •have >been : found not guil ( ty to-day— but a pitcher may gd to the well once too often. \\ strongly advise you not to carry boys about m your motorcar m future . . . BECAUSE THE THIRD JURY MAY NOT BE QUITE SO FRIENDLY." The "twelve good men and true" rose to their feet, to leave the jury-box,. and the usher was about to declare the court adjourned, when his honor restrained him. "Ask the boy to stand. up," he said. Shephard stood up and the judge uttered the words quoted at the outset of this story. , ■ Martin lost no time m departing m his Packard' car, , while the jury, somewhat flushed.— presumably as a result of their exertions— gathered outside; .debating 33 toey dispersed, • - 4