Jurty Fails To Determine Jockey's Guilt or Innocence. WHEN JOHNSON DROPPED IN

NZ Truth, Issue 1189, 13 September 1928, Page 7

Jurty Fails To Determine Jockey's Guilt or Innocence.

WHEN JOHNSON DROPPED IN

DID PEARL' CGRKIffi CQMSENT AND THEN REPENT?

MiHmiiiiiiiiiiiiiiiiiiiiiiiiimiiiiimiiMiinimiiiitiiiiiiiiiMimiuiiiiiuuiimiiuiiiift WHICH. is the true revelation? The . question was one which a Master.-; ton jury could not determine, with the result that Walter Scott Bagby will 1 lie. brought before twelve other men m the. Wellington Supreme : CJourt next jnontb, where he will again be- charged With an outrage' upon Pearl ,Eva_ Cor^ kill, a young~Mastei?ton girl. Apart .f rbmj.'tjie conflict of .testimony, the case was ri6tewbi % thy . for: the remarkable brevity and "'succinctness of Lawyer Wilford's address^to; the jury, for Intwenty minutes he"had"pr'eserite"'l' every element of major significance that would be calculated to effect; the complete defence of his clients , . y . v It was. a tabloid of acute forensic ability and :masterly analysis, doubly intelligent^. to, his. auditors' by; reason of its brevity -and crisp interpretation. : The girl, her exterior habiliments m keeping v with her training as. .a tailpress, looked remarkably ' well composed, considering the- ordeal of .examination and . eross T examination which confronted her. ... According . tp; her evidence,! ■ she •'had' not previously, met Bagtiy., 'whbra.r-she saw arrive at the dance somewhere m the neighborhood of half-past ten on the night o£. 'April 14. „-,.:. She was/ introduced ;V»to «.hijtt a f.^,; minutes afterwards,' but it was not until some minutes; .past eleven ; that she danced wit"h' himi : ' : ; •' ' : ; Whilst she was dancing, the humidity of the atmosphere, combined with the somewhat sickly smell of alcohol 'm Bagby's breath, made her feel very sick. ;'■. : . i ■••■■■ ■ ■ •.- '"■■■. When the '4ance. was over, she left the stuffy hall and sought the reviving influenbeof the outdoor air. She descended the steps- and- whilst she waited for the • night breezes to relieve • her headache, she gazed absently thrpugtf one -of the shop win-, dows m the Arcade, which leads off Queen Street. : ' ■ ■ » ■ She wandered aimlessly up and down the Arcade." After; a few minutes her headache ; Was . some- : what better, so she decided to re- • turn. ' . ' .•■,...';!.'' V ..'.'. The orohestra was just striking up ' for another dance when she , comfnenoed to retrace her: steps towards the stairs leading up, to . the, dancefcall. ■-■■•■■ ' ;: - '■.■■•■ I--'--..-:' -'■■ Suddenly Bagby., appeared, , and, fcatching her by the arm, he said, Jthlckly: "I'm going to take you home," "Don't -be ■, silly— leave . me alone," Was her response, which he answered \>y grasping both her arms and forcibly piloting her towards one of the feats which stand on the fringe of a rrassy patch, saying, as he did so: *Tt will be all right." 1 . '. Far from being willing, she struggled furiously,- but without avail, and the fiext minute he had pushed, her on to the seat, placed his arms around her, and commenced to kiss her.',, ' He placed a hand on one of her Jtnees and it was then that she managed ;to free herself . • She stood up and started to walk fcack towards' the doorway of the Ar-, Cade hall, straightening her dress as •he did so, but she had not gone more than ten paces or so when Bagby caught up with her/ and, grabbing her by both- arms from behind, swung her round -in' the direction of the Plunket Society's -rest rooms. ? \ • ; "Leave me aloner—rn scream If you don't leave me alone," sh© told him, and, when he showed, no slgne of. aefilsting, she screamed loudly. : : -.-, "Bhut up," he said, taking no further notice of her protests, ; but forcing her along all the time. She screamed. again. Once more he told her to "Shut up," this : time plac-. ing his hand, over her mouth, so that her cries might be stifled. Still' pushing her along, he thrust her against the wall of the rest rooms. As she was exhausted by this time, ehe could do nothing to prevent his accomplishing his fell purpose. Feebly, she, tried to defend herself, but the struggle had been too much for her strength. , Then, he had pinned her against the wall. . . v She tried to shout for help, but she was so breathless that her feeble cries were ineffectual, as were her efforts to defend her honor, so. she declared. When she had composed herself and her dress, she left him 'arid, hurried back to the hall, where the last dance was m progress. She was obliged to return, as her] coat. m a pocket of which reposed the key to the front door of her house, was Btlll on one of the chairs. ' When she got back she. saw her friend. Marion Kjar '(pronounced "Care"), -sitting on the chair next the tone on which 1 she (witness) had left her coat.' ' '•"' '•' '•'■• '■ : ' ' Just as she reached it, a nian m a havy blue suit came : along and asked > KJar for a dance. " 1 Jfer firl Corkill bafl jromlf «4 to

have the last dance with a .man namef McCormac, but she was- just about to leave when he came over and reminded her of. the promise: . . , . • , ■ . ; By this time the item was nearly • over and they only., had'. .time 1 ; to, make a complete; circuit of the hall 'When the fj.nal, notes of the music died away. ■' .;': . . McCormac asked her' i'fhe* might acdompany her . home; but she ( refgsed, saying she was; going with Miss Kjai, who lived near her. -•• '. ■■..■.. ' a , He then : went . away, whilst she waited' for' her friend. / „ The girl K jar did not appear, however, arid a few' minutes after McCormac had left' her he reappeared^ and repeated his request that he should see lier home, but met again with a lar refusal/ - -•■•■.. ■■•;••■. '■ ■ When she told him she was: waiting for Miss Kjar, he "You mean Wally Bagby, don't you?". _ ; ... "No," she said, and with . that he went away, only to be followed' a minute or so later by another youth named McKay, who was also refused. As her girl friend did not reappear. Miss Corkill left the hall and walked home, alone. ; ' : . - , When she arrived home, she went straight to'her mother's -bedroom and tried' to awaken her, but she was a very sound sleeper, as well as stone deaf,' arid J the girl could not. arouse : She commenced to undress and it was then that she noticed on her underclothes and nether-limbs. ' When she saw the state she was m; she r became more' persistent m her endeavors to awaken her mother. . . - '(At length she was successful. When the elder woman ; sat up m bed and: 'observed the cortdition - of her daughter's underclothing, she was horrified. When the girl had- succeeded m ex-, plaining to her mother what had allegedly transpired, during her encounter with Bagby, Mrs. Corkill roused her husband and told "him their daughter had been outraged. ' ' ■• In a few minutes the mother and . ■'■•■•'•■■' '■''_," '"' .' . , .'"' "\ ' . '.' '.. 1 .' ■ ' ■ "■■ ■•■'•.'■' : "' ■ •■ '.•■.' ' j ■ Alcoholic Breath : ■,••,'. ••"':• v ''';:■';:...:", '^: father had dressed themselves.. 1 The three then left tWe house. on- their wav to the Master ton police station. •- Lawyer Wilford commenced a vigorous attack upon the credibility of ttfe girl's evidence, when ishe had concluded her testimony "under the guidance of^Crown Prosecutor R. R. Burridge. lie asked :r*Had you rkhown Bagby before this night?— No. '■.',■ ■ ■ ! Had you -felt your ■< affection go out to him,,.then.?*f-Np, sir (faintly).- -; You know /what I. mean., Had you. tried to. get to know ,hlm?— No, sir.. "Punch." .once said that >> m the old days girls set their caps at a man; but nowadays' they set their, knee.-cap.s, at him! (Laughter.) After that dance with .Bagby, you said., you went, out : of the room because of the horrible' smell of his breath; iarid-that you went downstairs?— Yes, he made me sick. In the lower court ..you used' these words: "Lief t the .Wall during the. pro-, gress of. a dance, about 11.30 pirn., ber cause I had: a headache?"— Yes. ! • "You never told. the court then that it was because Bagby smelt of-^drink?" i His honor: "They'are not inconsistent, Mr. Wilford. .One Is' the cause of the/ other." "; :' ' - Cbtinsel: 'Do you know a -girl named Irene Gray or "Pat," as aheJs called? t-I have heard' of her,, that is all. Do you; know who she is?— l believe she is a; of Miss Kjar/s. The .judge: Dp; you- know her by sight'?—^Yes, sir, slightly. , - ' ••. „ Counsel: 1 Now, I want to- ask you whether about 11.30 that night,, on your way back' to the hall, from the direction .of the seats, you passed Irene Gray, her aunt and a Mr. Hiibbard? — No, sir, ' I didn't see them. "*■* I, suggest to you, that on the night of the dance you paissed theni? — 1 didn't see anyone. ■■'"'' ''■'."■ '■'•■ \V ' I'll impress' it . upon ' you by asking another question .< firgt.. You never walked from the , Pluhke't rooms, . back to the Arcade hall, and up the stairs with Bagby ?— No. ,'.,.'.' You deny that?— Yes. You never walked so close to him that It would.be apparent to anybody that you were walking arm-in-arm?— No, sir.'; -■'„ ..■■ ' .".'••. ■■ '■-.■'■■ '■'■■'.. ■■■■ »■ . . ,Theh Irene Gray, her aunt and Hubbard didn't see you walk. back. < and, up the stairs? — No. . .•'■.• ... .' ' Isn't it a fact that Irene: Gray turjied to you and said: "Good night, Pearl," and you replied: "Good night, Pat?"— No..- ■ .. . ."'■■" ••■ ' "■■•.■ ■ • .■•■■•*•■■■• :v '. . That is perfectly-, definite, is it ?— Yes. Your solemn,- positive oath?— : Yes, she doesn't know me and .doesn't speak to me; " ■•■■■■ •:": v - '<■•■■■■ ■■ ■ .••'-' .' : I think you told Mr. Burridke that when you got away from Bagby on the seat, and' had gone about ten' paces, that he got hold of ybu^-rYes. Did you tell the same story to the police-officer?— (Hesitation) . ..Yes. Well, didn't you hear Constable Devine say m the lower court that "Prom the seat he pulled and jostled her round, to the rear of the ■ Plunket rooms?" You said Bagby took you from the back of the seat to the Plunket rooms? ... ■'-.' ■■" , - ' , - Mr. Justice Ostler: She; says the same as she did m the lower court!, . Lawyer Wilford : Quite so, . your honor, but I am asking her what she said to the siargeant. ■'.■'...'."'.■ Counsel, turning to the girl: Did he pull and Jostle you along to the rear of the Plunket Society's building, or did you /get away from him .and walk ten yards? — About ten pace 3, and,- then he caught me from behind. ... . . He. didn't drag you from the, seat?— No. : Now, when you went outside, did you have a coat on? — No. ~ Counsel then held up a fragile piece of silver tissue, which had represented the girl's dancing frock on the night m question, and asked: "If doesn't seem to show ■ any damage from its coming into contact with the concrete wall., It jiaia little, flimsy thing, you know . . . In that fight you had . . . no -tears? —No;- that stuff doesn't- show very mttoh, „._^^- ■--.■': ■•;••••" "■ : -' ■ : ■'■'■' ■

. „„„,„ „ „„„. „„.,„„ imiiiiiiiiiimi iiiiiiiiiiiniiiiiiiiii Him iniiiiiimiiiiii m hi i urn i mini i imiiiiiiHiimiiqiiiiiii imnii«niiimmiiiiiimiiiiiiniiilimiiiiiiiiiiiiiiiiiiiiinnmiimimiiNiiiiiimimmimimmiimimiimiiimiir (imiiiiiimimiiiiiim mini I""";; 1 "" 1 "";'"""""""""""""'"""""""""""""""'* tiiiiii.m.minmui.n.imm .miimimmmimimuHm. tint mmmnnmnmnmiiimm i uinr Ull ,,,,.iiiiim»nn 11 iiimiiiiiimiiimii m.iim.mm.m.mm., .imm.mmmmgg || (From "N.Z. Truth's" Special Representative.) ' If l! THIS ? A party of Masterton youths of the turf, who secured liquor from a nearby township, afterII wards attending a dance; one of their number leave* the hall to follow a girl, who, feeling faint from the \ ![ effects of the fetid atmosphere, sought the refreshing tonic of the outside air ... A sudden attack from |l behind, a girVs screams drowned by the shrill musk; and the shu^ ■• • An | \\ exhausted girl mauled and ravaged by ayouihwho^ liquor he had consumed. IP OR THIS? Two dances— a jock® and ' ia^l'Kfk^'''. only by sight; mutual understanding J>orn |! of propinquity and the staying rhythm <rfihernoment.;.A question— and its answer. ..A dark, n cool recess out of doors. . . And tht i consumimdtionlof impetuous desire. Later, realization and the comU plaint 'which \ led to his arrest. ' ; ; ; ; ; |

TO.;, step aside from the strait 1 of accepted virtues is very comfortable — the mirage of stealthy pleasures temporarily blind the faculties to possible aftermaths. You cah«ot place youth on a chain and say: "Thou must not," for youth will snatch the joys of the. moment— and consider afterwards.

Walter Scott Bagby Must Face Another Trial On Grave Charge Concerning Young Girl

A MAN becomes" transformed ** when Liquor holds the guiding line, the bleary spectacles of pretence are flung aside and the . world knows him for what he really represents. Tender passions of normality become 6onditlons. of unclean affection, of ~~~ whioh the morning knows not, nor apprehends.

DRAMATIC STORY OF STRUGGLE WHILE ORCHESTRA PLAYED

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Did, you. go _, back into- the hall to keep an appointment with:, another young boy;'". . . ,•, t'oliaye a dance'?— No, sir. I went upstairs to get my coat. . ■'■ „. .... ■■•;#, ; ■-,-;..;■ : ■'':■■; And when McCormac saw ypu .there, he took you for a dance?— Yes. Did you tell' Miss Kjari or. y/ilton, or RlcCormac, that, you .were', going home with Wally Bagby ?— No. Did -Wilton; or Mceormac come out to , the seat while .you ."were;' with Bagby?-— Niv ' ' . , Then you deny tha.t any conversation took place ; bet\veeriyou^ Wilton or McCormac, arid that somebody was introduced to 'you .^vhilst-you : were sitting on the seat'?— Yes, I do.' -;;-■' '/ : " -Now, when, you went back to: where, -your coat. w,as,, : you -weiitiOn .dancing, instead of goinsj : home?— Yes, I ,>vas afraid to go, downstairs, because Bagby had not; come; back. ■-,•'. , . ...., .■■■■. '■■■ ■.You said that when- you went home you tried' to wake your . mother, but couldn't; -What did .you mean by. that?. .— rShe '.was, sound asleep and is very deaf as well; .; • „ ; '.' • . But you had been .assaulted! You would wake her/surely?-— I tried to. „ You know what your mother said:-,'-! woke up and -found Pearl standing by the bed.- m. her, night- ■ d reS s?'^l shook; her, but it didn't , jhave any ;•; effect. v : ' ' ; \ .V •I -suggest, to you .that; ypu never decided to tell your mother; anything, un-' til.you saKv the blbdcl?-^-I did. „' : ; •Would you have told; her if she had not wakenect.?-^Yes. ; . ;.: ■■ • ' . : Now, aboiit the dances. Did . you dance the "Excuse Me" dance before the last "dance,?7— No, sir. ' . ; . \ „ •It isn't true;, that .you '. danced w|th three differaiit meri m the. "Excuse -Me" dance before i.-tlie '.last d.an'ce?74Nq.';-.'sir.; Isn't it-true that McGprhiac. took you from the "Excuse Me" ? ; dance to where Miss Kjar was sitting, .then collected, you for .the next?-^-No. „ ... ;. T ':■", V.) , ' You- knaiwi-i^liss; . -Kjai*; ■ / dbri-tv $p\i?j Pretty \yell V-^Yes,; siriGe' s.he," was: four:: . Miss , Kjar says: ; "At the end y.''pt ttifi iEkcuse -Me' dance, she ' sat'; with''me v again. I ;; .noticed ■\n6thingr' uhusual , about her::' When she \came:bsckr- she told me she was. going home with Bagby!". Is that true?— No. ; .■ :. ' . , - ; Can you give the jury -any reason why Miss Kjar should swear- that you to)d s her Bagby was taking you ;hpmeif.he were not? — She is very, very jealous of me 1 . . '-.. ... Was She Jealous? .•■,..- 1. ■ ... ■■■ With Bagby?— l don't know. With whom?"— The job I have; the things I have; the clothes arid things like that. And you think that jealousy may have made her say that?— Well, she had music-books m her house, belonging to me and all sorts of things like tha£; and I knew, a lot pt jockey boys Of course, you wouldn't bo jealous of anyone , with your boy, would you?— No. . . , , (Handing her a letter, written on blue paper) : Is that your letter?-^Yes. Is it "a letter written by you to a boy who is going with another girl?— She wasn't going with him at the time I wrote that -letter. • Protesting against his going, with a girl, isn't that' so, m which you said: "I can hold; my head up; there are no Mies on me. You . don't take . another man's wife for nothing . . ." — I would like you to read the' whole of that letter. : '.. ' . ■...'.• -„.;'. ■.-..•. •"Weli, ' it' is your' letter, read it." ThereupOjn , the. girl, clearing her. throat, turned . towards the jury benches and recited the contents of the letter, somewhat m the manner, of a ; smajl girl her "piece" at school. ■ •'•'.': "Dear Les.," it ran, "it wasn't one woman that; told me about that married woman and, you, but. several people, have told me- you' are the talk of Landsdpwne. ■. , -\ ■■■."' : "There are a lot of people .peeping, behind the curtains; that you don't see. Take last t Monday, for .instance. "They told fme you took her for a drive and they said: you were walking so close that you looked as if you were glued together ... ; "You took her to your mother's house and ' you and she spent the evening together . . . Was it because of her that you could not take me to the races, after asking me to g.o with you? '"I suppose she. would, not: let you take me. I think you might have told me, instead of sending, that boy to tell me. '' . . . ".• .■: -■„.' ■ : . -. -. • -.. ■■ ' ■ - "You need not be afraid to take me.. I can hold my head up; there. are no flies -on me.' ; • "I, saw you; running after her on Friday night and I suppose it was because^, of her. that, you left , the pictures at half-time. "You might be sure, Les., . that you couldn't tal«i: a married .woman out for three- hours m; your car, without being talked about. "They' pointed out to me. 'that a young, fellow like you wouldn't take another man's wife but for nothing. : "You told me that you had a 'beaut' name. You. still haye, but it is worse now. • I had hopes that you and : l would become better- friends; so Icoiild help you, like I helped -^— - — — , but I am afraid you like the bottorir of the ladder rather than 'the top. "I wpuld have helped iyoii m a way you little ; . t realize. .If you don't believe mci ask— — — -.■:'' ' ■:'■■ "Do not go out with low-class women. - Last, but apt least, do not . so

- (From "N.Z. ! TruWs"- Special Auckland Representative.) HEvwent home the worse Jfor /liquor,; said the police, and^ nasty -was his temper) when he ; staged? his, (original turn.. Anyway, Arthur . Johnson put his best-^br^ his worst— foot forward and proceeded : to make a wreokof Lilian Giriffen's .hoUse;.when;he__foCind that jj is wife, 1 was not at home to rebeive him,)for he: believed that Mrs. Griffen had , ; * n "tie must hive spent^an enjoyable time for .a while, creating. ohaos, but at the police- court la>t' week Magistrate ■ H unt{ m«ted out castigation. Johnson was given 1 the choice of eitherV' paying £9 9s.—the cost '■ of the damage, plus a '.finer of fil-^-or, spending, a; month .m gaol. 1 The sound of breaking the; crash of gramophone, reoerds ' thrown about and pictures^ torn frprh the. walls, .tnust;haVe startled the neighbors, for Johnson was giving vent^ to his? drunken temper. • Property worth £8 was as. ribthing ;to him— when it^wjisn't his own. H» setout to see what damage 'he could do— and made a job of jt. Johnson had 1 arrived home -the worse for Imuor, looking for his wife, but' the cupboard was .bare,- so to speak. :.He- had flown into; a ." temper and gone to look for, her. Thinking that hisj wife had been enticed away by, her* friend; Mrs. .Griffen, :he -buwt ;Into tKe other ■ woman's house and 1 commehceti to turn it inside i duties -.y •' v , ' T;He sequel' was Johrißori'3Va|jpe'ara|nce m : c6urt, cha"r'gea ; with cpm- ' mitting mischief by wilfully damaging the property of Lilian Gri'ffen • te/ the extent of £8 9s;. VWhat aboiit a , couple of rhonths?" he ..."in"-' i -■* quired after the, magistrate had; asked jhim when he could pay the fine. Hi? Worship: VA couple of month?? !,Np,;^ rf>month§ to brMk thi.furnltu^^^^

last- chance to marry you?— He didn't tell .me anything, about it.

-.5 Didn't he say: "I don't want my daughter's, name dragged through the courts?" — No, sir. -: ; Deafness is a pathetic affliction and Lawyer Wilford experienced much difficulty m extracting any valuable information from Mrs. Alice Anna Corkill, the girt's mother. He asked her to watch his lips} and, by careful manipulation of his mouth, attempted to ask her several questions, but ■without much avail. She -was able to answer a few written, questions, ', however, and at length it: -was resolved to permit her to ; 'swear that her short evidence, given m the magistrate's court was true. ■ ' v .'■■ ■:'■■' ! The court crier .... must be a poor writer — or else Mrs. Corkill is unaccustermed to court handwriting — for when he wrote: "Is what you have read all true?" m connection with her testimony m the lower court, she shook her head apologetically, saying: "I'm afraid I can't read It," much to the discomfiture of the court official, who was endeavoring to ease the situation. One; of Lawyer Wilford's quesr tions. was:. "Did you go out with your husband and Pearl m a motor-car, to Bagby's place?— j Good heavens, no! Not m a car! Did Pearl's uncle go out with you m ! the motor-car? — My brother. .Why did you go ?— My' brother took Pearl to see if Bagby would marry the girl. And so I should think he would after her name had been broadcasted all over the country! (indignantly). . IMd Bagby- refuse?— He said he was not In a position to marry the girl; that he was "dependent upon his brother. Did you speak to Bagby?— (No response). Did YOU speak to Bagby— (Still ho reply. Mrs. Corkill looking at counsel, vaguely 'wondering). - ' DID YOU SPEAK TO BAGBY?— No\ ,Oh, no (was the loud answer). Did your husband ring Bagby on the telephone? — NoV'slr.' About marrying Pearl?— l don't known anything about it. You have said that Bagby tried to get ■ her down on the seat. Did she tell you she got away from him?— Yes. .■ •■ i . r •• ■•■■.." ■ ■ • A Rude Awakening Ten paces?— (No reply). \ TEN PACES?— (A look of pathetic failure to comprehend). TEN PACES ? (Lawyer Wilford commenced a pantomime with his feet, and at length witness responded: I don't know anything about space. ' It appears that when Miss Corkill, her father and mother went to the. polipe station, they did not find anyone there; so . the father: went along the main street m search of the constable on duty. r ' ■ -„ ■ ■ Constable Devine told the court that at. a quarter to one on the morning of April 15, he was patrolling Queen Street, when ,he was met by father, who told him\that his daughter had been outraged by Bagby. The constable hastily returned to :the station. When he heard what the girl had. to say, he bommunicated with Sergeant Dyer/ who advised the girl Corkill to see Dr. Cowie. . When she was examined by the do,btor'at two o'clock m the morning, his examination was consistent with her having been outraged. The doctor told the court that there were also bruises on her arms. "Could you say that her story was consistent with an outrage?" queried Lawyer Wilford. "I would say that some violence had taken place," returned the medical man. . . When the constable received the result of D"h Gowle's examination, he hired a taxi, ajid,!: together with Sergeant Dyer, went out to '* Stanley Bagby's place at . Opaki," some four miles from Masterton. When Stanley Bagby • was .roused from his. bed, Sergeant. Dyer asked him where his brother was, telling him he was wanted. Bagby went to his brother's room, but returned a minute or so later with the irifonhation that Walter Bagby .was not there. The party then went over to the stabler-hands' quarters at the rear, of the house. : They went into the first room, but he was not there.. However, when they opened the .door of the second room, they saw Bagby, fully clothed, stretched, across the foot of a bed, m which one of the stable hands also slept. v They shook him, and, when he had awakened sufficiently ( for them to ask some questions, they told him to accoriipany them to an adjoining feedroom. They then asked him whether he had been to a dance at the Arcade m Masterton and whether he had met a girl named Pearl Corkill, to both of which questions he answered: "Yes," but that he had not danced with her. -.;..- --; He was then informed that the girl Corkill had laid, a most serlpus charge against him, to which he replied: "I never done such a thing." , v They examined, his shirt and discovered the presence of bloodstains on it.:- ■■'■•- : -- ■■---'-/. ■■■ -- ; •' .' ■.■' .- ■■■ •■ :■■ . ; Ha was aaked whether bo oould ac-

count for the presence of blood, but he said he could not. , : He- was then warned, by .Sergeant Dyer that he would be arrested for the commission of a criminal offence against • Miss OorkiU, ' but he remained silent. .."■'■ As they took him away from the. house, his brother,, Stanley, said: "Now, Wally, you keep your mouth shut until you sober up!" • In the opinion of both Constable Devine and Sergeant Dyer, the. accused showed unmistakable signs of having been drinking. The first -witness to be called by the defence ,was a pert, 17-year-old girl by the name of Irene Gray, a worker at the hosiery mills, who said' she had known' Miss Corkill to "pass the time of day c with." On the night of the dance, witness, together with an aunt named Miss Whistler and a carpenter friend -xrho went by the name ot Ernest Hubbard, passed .the Mastertoli post office at half-past eleven. ' They were going for a stroll and decided to take a walk through the Arcade. >. They turned from Queen Street Into the Arcade— and were Just In time to meet Miss Corkill and Bagby returning from the direction of the Plunket Society's rest rooms. The two parties. met, and, as they passed/ the girl Corkill is supposed to haye esiid: "Good night, -Pat,"-. to- which the girl Gray responded: "Good night, Pearl.'£- ■••■-. x-'i;:.-r- " -. There could be no mistake, witness, for she turned round as Miss Corklll^returned the salutation and was just m time to see Bagby 'and Miss Corkill walking arm-in-arm up the stairs of the Arcade Hall. *• Lawyer Burridge: You are 17 years of age, now? — Yes. Did the police have te hunt you up for leaving your parents? — Yes (rather defiantly and. with a gleam m her eyes), I went to Petone. Why? — Because I wasn't happy. Perfectly Happy You don't go running around the streets at all hours, now?— No. * Your people don't complain about you, do they?-T-No: I suppose that on this partioular night you were home till half-paat eleven or thereabouts? — Yes. And you took it into your head to go for a walk at 11:80 p.m.?— Oh, I was wrong. I had been to the pictures, and, as the others had been indoors all the evening, we decided to go for a walk. Now, do you know Bagby ?— By sight Did he know you? — I can't say that. When first did you let him know that you had passed him and Miss Corkill m this Arcade?— l never -let Bagby know. ' • ', •■ You say she was leaning on his arm? — Yes. His honor: Do you always call her "Pearl"? — Yes, always, sir. And she always calls you "Pat"?— Always, sir. ' . ' Marion Grace .Kjar, a^girl of 16, said, she had seen Miss Corkill at the dance and knew- when she came back. , into j the hall that she had been out 1 /with Bagby. ''■'■•■ ' According to witness, Miss Corkill, had told her that Bagby offered her port wine, but that she had taken the bottle and broken it. Of that, declared witness, she was positive. • When Miss Corkill came into the dance-hall after her alleged adventure /with „the accused, she was smiling and looked' perfectly happy. „ -Tfiere was nothing -m her demeanor to. suggest that. she had been subjected to any rough treatment. There were two dances left ■when she returned, -the "Excuse Me" and. the final waltz. It was not true, as Miss Corkill suggested, that she returned just as the last danoe was conohiding. In proof of- that, she name over and sat next her. friend, who, wlth- \ out a partner In the."£xbuse Me," was merely a looker-on. : A. man named McCorihad then came up and asked Miss Corklir to dance with him. The "Excuse Me" When he had seen her to her seat, after the "Excuse Me" dance was over, she boasted of Bagby's promise to take her,- home. She did riot appear at all ruffled or upset, and, when the girl Kjar passed her to go home, she was standing on the landing talking to Bagby. Horace .Victor Wilton, \ a true "horsey" type, with full- lips and not over-much chin, said he was : a horsetrainer and knew Bagby very well.; It appears that he arid a taxi-driver named Scott were out at the back of the hall, where they saw Bagby and the girl Corkiir sitting together on one of the seats. . Wilton said he waited at v the corner whilst Scott— at Bagby's invitationwalked over to where the two were sitting. ' „ . : Scott was introduced to Miss Corkill and witness : said It was a downright He to say that no one had passed the two whilst they sat on the seat. Wilton saw the two returning to the dance-hall, and, m his . opinion, the girl looked quite happy as they mounted the steps, m time to commence the "Excuse Me" dance.' ' He saw her dance with McCormac and heard her reply when he asked her whether he might accompany her home. "No thanks. I'm going home with Wally." Miss Corkill Is said to have replied. The Crown Prosecutor: You say you didn't speak to Miss Cprkill?— Yes. If Scott says you did, that is untrue?— Yes. In the lower court, Soott said: "Mr. Wilton and I both spoke to them" ? His honor: "He says that is wrong"; (witness shook his head m: assent). How soon after Bagby and Miss Corkill went out, did they return? — About three minutes. When you.went to..Taratahi,did you bring any Uauor-with; yout—Yeii, v I

. . V --'■■ i '"">.~/-*?r?i-. "'-v "'i"'V.! : lmiinnninniimiiiiiinrtiiHi^wwimiwnmminnimjMninimmiuaiiiuiinnM JpigL ;ybu have anjf?— l^s, and MoCdrmac; and Lazatt^^- -^ JDi&n't Bagby havS^ny^-No. He Isn't a teetoCallef r'is he.?— Oh, no. Witness was then askad who obtained, the liquor, wfiere .the ;car stopped when they left Masfe,rtd&: (whiph is * Vdry", town^and sin^|aj£:ajuestibrisj*^s. he appeared H--extraw.dYiwily l >W^«gtt#; about the whole affairWK'*. \-^- : j**^? His string of "I dunno," "I dunno." became so <lrawn out that at length his honor intervened and witness stepped down with a visible expression of re- v lief. . ' " " : '■ ■•-.- Ernest Hubbard^ia> carpenter, , supported the ?girl><^a^ m her evidence that she had .. ■■ seen "3agby and -.Miss Cbrkill walking together towards the , stairs at eleven^thirty on the night of the dance. rM , s WJ*en ? E >^§uxrj^gg.. i asked • Mnw, why he had taken. If into his head to ~ go for a walk at such an hour,* witness replied that the night/wasao fine— ~ ; and they had been indoors all ;the.'esen> : . ing— that he decided a walk would do .' him good. ' Allan Scott, at one time a servicecar driver at -Madterton^. but morerrecently a driver on. the Titahi Bay, , ran . to Wellington, said he, too, was at the ~;S. dance : and had seen Bagby and Miss Cbrkill descending the Arcade steps together. , ■> ■•■/.. • >-■;..■ :-■'••;-.' .'^-; .; Borne minute* later, he. said, he and Wilton also went 4 outside, i where they saw the accused and the girl Corkill on the seat. When Bagby saw them, he betckoned to witness and said to him: "Meet Misa Corkill." Some time later .they re- .^i turned to the. hall. ■ "••"•.\ ••i.-;.> • At the' time of ..their return, $cott „■■ said, he was standing hear ttie, top of the istepa leading from the s jreet dobiS ;Pastln Question ■■■/:■■ way to the entarance of the dance-hali. - When Miss Cbrkill; and the^agcused passed him, he did npi observe anything m the girl's manner -which would be calculated to attract his' attention. Lawyer Burridge: At what time did you arrive at .; the ' dance ?— After : ten o'clockV ' "'V • . •■'•.'-'.-...■.." How many dances took place between the last section .of supper and the time you and went outsido? 1 — The first daffce after 4supper was being held .when -Wilton^rinftSil^ went downstalra. ■• .•-■ a'--:.^. v^T f .vT 5'..v:.;:, .. ■/>, '. :; ' ; Why did you , g» outT^Tosgot afr, How far did you g^~JvLet^<>;^^Bre the seats were. •' ■,■■.- r : /^ •. ""''' Foxing, eh? Just" to see who was there!— Not necessarily; no, sir. -. •Hiß''-hondr.r->'pid,;j't7ilton.4«ipißak-;- : : : to them, too?r^-Tes,'slr.. : -"'"T''-.;~' 5— ;0 -'t^-^ He spoke ftothem}rHNo;,Birr^ v;: : The Crown Prosec utor:/ "In. the lower court, you said: "Wiltdn and Tspbkefltb - J them," didn't V6u ?A-Well,- I ;«ten't ; th^k ■■ so. ■■■.'■ '--'- '.'■"- :; : ; ""-"; %:". ■:;'v'/^.: J ":" : '-^. i ■ I put it to you that you didhlt'^gpipttt-.A at all that night. Tou don't know ' f which seat they were on and you don't : : know whether or not Wilton did speak ;; to them!— (lncoherent responseK - # Did you go pt a^"sgot"^ph, no. '■.'■■. ■■'"'' '"..'". '' .. '""■■ '"'". : - ;•/;■ .;','"' , ' "■ How soon after -you werei -introduced did the accused 1 and Miss Corkill. r»turn to the hall?rrAbq.ut::.twenty.-flv« minutes ; or, perhaps, .half ran hour. There isn't Cany doubt about that?,— Not so faf-Vas I reftiember. His ■ /: "hoh'br : i^,Spwv i fßi ; -7:^?hlna.^Bj? % Bagby wheh^they^. ; returned ?-^Rifht.^t behind, on the next 'step. It was impossible to walk up-ftog.ethep.^as the , stairs are so. narrow; ;yb;Ur ; ;hbnprJ *. :; " ; "I know. '- I JbiaVe been tther%, : myself % tO See."' •; .■ir' J ;r- : ''';;. : ''"Vv ■£' ' ' '''■''■' A pallid/ self-sufflcient stable-hand, who went by ; the name of Ifinest MoCormac, suffered'S momenta ol a barrassment when 'iavvry^r? Surridge surveyed a few incldent& itt-his.past. „ His lips twitched and h^i did,, nbtajrpear at all easy^during cross-(Examina-tion, particularly "m relation to his family affairs. He said he knew Miss Corkill by sightand had danced with her m the 'iExcuse Me 1 ) number' which., imn^ediately preceded the last wiiltz. 1 - " : Apparently, he' was Miss "Corkiirs last partner In- the "Bxouse -Me" dance. When he had seen her ; i "sea,t6d . . next Miss KJar, he left her for a moment or so, then returned to plain! her for the final dance on the programme. ' He, too, failed to observe anything unusual m her manner. ' Lawyer Wilfordr She attracted you, anyway, because you had two dances m succession with her?— Yes, she is a good dancer (grudgingly). ' She was quite bright and full of "pep"?— Oh, yes. - Did you ask to see her home?— -Yet, but she said she was going home with Bagby. That finished you, I suppose?— Yes. Did you leave her after thatT-^rYea. . - „ {Continued oa pag e f^

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out ' with ot h e.r men's wives,- .because they will only set you ■ into real trouble ; . .. A very close friend .of yours told me that the women who go out- with^ you . are only after you' for what they. can get out v of you. • ...'■■

"Hold your . head up, Les. The world is before you . arid you are only a- boy. I' Jw.o'uld rather, go to. your funeral, th an h e.ar the things I have heard about you. »■

"They say this woman is withy you every night and so I'■ would . suggest you go to the bil-liard-room's for -an hour or two '. . . ■ . When I think of an old married woman chasing after a boy like you, it makes me ashamed of my sex.

."£ am going- to the W.E.C. mounted Rifles; dance to-morrow night, .As rriother says; '.I ought ', to" be able to look after myself now. .. /"I; remain, yours truly, Pearl." . ,

Counsel: Did you tell anyone that if- it hadn't been for your mother, Wally Bagby "would not be arrested? -f-NO. :.'.•. '' ' ■'■. -'.... '■ ■■■:,'■: ■■ ■ ■■■

7 I : ;want you, to r come back to an r Other point. Did ■you tell ..Miss KJar that Bagby ottered you port wine,.- but that you broke the bottle?— No. She Invented it? — Yes, she did. I believe she has been bribed to do it. . I eee!— Tes. Did /you go down to Bagby' s = place with a man named Sayers?--rYes. .., : Were you trying to get Bagby to marry you? —My uncle forced :■ me into It. He said: "We'll go out to Bagby'a." I said: "Why?" and he aaid: "It will mean ten years for the poor beggar if you don't." "I said I wouldn't, but my uncle said: 'Oh, yes, you are,' and then : my mother said that if I was going out there she would go, too.*'

' ;Hls honor: Did you know your uncle was going 'to suggest that Bagby should marry you? — Yes. '.'■'■

;And were you willing to do that? — Well, he 'made me want to do it.

(Counsel: I am instructed that your father rang up Bagby, giving him his