CRIME STIGMA ERASED

NZ Truth, Issue 1197, 8 November 1928, Page 11

CRIME STIGMA ERASED

Jockey Bagby's Name Cleared From Suspicion

(From "N.Z. Truth's" Special Wellington Representative.) The effecting of physical relationships by force is rightly considered one of the most dastardly crimes which any man can perpetrate; and it is well that we regard the act as the second most serious transgression against the laws of this country. Conversely, it is terrible to think that any girl will Wittingly construct a specious story concerning a man with whom she was a willing partner m some guilty circumstance and say that he outraged her. .

SINCE April 16 of this year,' Walter ("Wally") Scott Bagby, a jockey known throughout the Dominion, has been the subject of a most forbid-. ding 1 suggestion, built up still further when a jury- disagreed m the Masterton Supreme Court, and heightened to' some extent by local rumor m the Wairarapa district. At that time, Mr. Justice Ostler's charge to the Jury seemed strongly m favor of acquittal, but when the case was brought before Judge Reed m the Wellington Supreme Court last week, his honor instructed the jury that m his opinion it would be most unwise for them to convict Bagby on the story retailed by Pearl Eva Corklll, the girl concerned. _ And that before Lawyer Wilford commenced to address v them -on , behalf of his client! However, £he jurymen expressed the wish to hear defending counsel and his honor acquiesced. Lawyer Wilford succinctly reviewed the major points' of his defence, which he focussed upon the one word, "Consent," and so impressed the jury by his assessment of the girl's credibility that within six minutes of their retirement the jury brought m their verdict of acquittal. His honor swept any ; doubt from their minds by delivering a most penetrating charge to the jury, warning them that it would be most unsafe to fling Bagby into prison on the flimsy story related by the, complainant. After she had been supposedly ravished by the accused youth, she went back to a nearby dance-hall and danced through two successive dancos, without complaining to anyone there.

It was only when her mother observed the condition-' of the girl's underclothing that any serious suggestion was put forward.

Bagby left the court surrounded by a number of witnesses and personal friends, who congratulated him upon his vindication.

When the last witness for the defence had been called and heard, de-' fending counsel was about to rise to his feet, when Mr. Justice Reed turned to the jury, saying: "It is impossible to believe that the stories of all these witnesses are untrue .• . . that the girl's statement as to what happened is the true one.

"The story, she tells is rather an extraordinary one, and when m face of that you have all these witnesses' evidence, I really do not think it would be safe to convict. "That is my own view at the present time." The twelve men whispered among themselves and at length the foreman rose from his seat, observing that his associates would like to hear defending counsel's address to the jury.

Accordingly, Lawyer Wilford commenced a short, yet pithy, appeal to the intelligence of the men before him, stressing the long experience of his honor,- and saying that m. view of the way m which Judge Reed had expressed, himself it would be idle for counsel to address the jury at any length. Turning to the bench, Lawyer Wilford said: ''It would be a kind of pretence that my experience or knowledge of the procedure of the court, or-pf cases which come up before the court, were greater than your honor's. "I feel a great diffidence m saying anything at all to you.

"It is a most exceptional course which his honor has taken, but I have seen It before where learned judges have felt It unwise for juries to convict. Next to murder, this class of offence is the most serious known to mankind.

"I suggest to you there is no doubt that Miss Corkill is untruthful — not to be relied on ; — and I put it, -to. you that the right story is this:

"That Miss Corkill consented to intimacy with , Bagby that night; that she helped Bagby m his relationships with her. , \

1 "It is a physical impossibility for any man, against a girl's will, to be intimate with her while she is standing against a wall. "It is a physical impossibility, gentlemen ! I "And if you want any corroboration of this suggestion that it is impossible, why, there is no woman m the world — and she an \ innocent woman — wh.o could be outraged against her will, and then go back and dance to the finish of an entertainment — a dance. "The suggestion is impossible! and, if Miss Corkill is to be believed, then she has gone the wrong way towards getting any man to believe her.

"The very fact that she took one step, with a man's arm around her m a dance, after she had been ravished! Why, it is absolutely impossible of belief!, :.

"I put it to you that it is a tissue of falsehoods; that she hadn't any intention or desire to run Bagby m; that she wasn't going to tell her old, deaf mother; that it wasn't until her mother awoke suddenly and saw the condition of her clothing ... that she decided to say anything about it.

"And that when she was standing beside the bed, with the garments m her hands, her mother awoke . s . . and said: "Who did that?" It was then that she had to go through with her story. "She has had to build up a He. ... I have never heard a more absurd story and I ask you to come to the conclusion that you do not belieVe a word of it — I ask you to acquit my client."

His honor then turned m the, direction of the jury benches, again instructing them upon the gravity of convicting the accused upon the evidence adduced by the girl Corkill.

It was perfectly clear that physical relationships had occurred between the two, declared the judge, but one had to apply ordinary reason, one's knowledge of people and things, consider what would happen supposing this girl had been forcibly subjected to certain treatment on this occasion.

"Would she have gone back to the room and. danced m the way she did? "Could she have abstained from waking .; her mother when she got home'?. .TTiere is also the fact that it does seem an incredible thing that any girl could, against her will, be ravished . . . against the wall. • "On top of that, gentlemen, you have all the evidence called for the defence. "Some of it you may doubt — the evidence of some of the boys from -the stables you may doubt— but the last witness made the statement to the police on the Monday following the dance on the Saturday night, a statement which she now repeats m the box.

■ "Is it possible to believe, that statement was invented? » "It would be a very unsafe thin? to convict "on the evidence. Well, consider your verdict, please." \ It was exactly twenty minutes past three when the jurymen filed out of their benches Into the jury room; there was very little doubt m the minds of those awaiting the verdict as to what the foreman, would pronounce when the twelve men regained their seats on the jury benches. . | Six minutes later 1 his honor took his seat on tjie bench' and the foreman! was asked to pronounce the decision of his associates. « "Not guilty, your honor," was all he sa,id. "The prisoner Is discharged," observed Mr. Justice Reed. And Bagby passed through the little wicket- gate leading to civilized freedom once more, j not a smile ■ on his face, nor giving any indication as to the feeling of inward relief which he must! have experienced when the jury's verdict was announced. .' ■ ■■*»* .