THE LEANING CASE

Sun (Auckland), Volume 1, Issue 40, 10 May 1927, Page 13

THE LEANING CASE

ACCUSED ON TRIAL A COMPLETE DENIAL “FORCED TO SIGN STATEMENT” A complete denial of the evidence produced by the Crown was made by Ernest Edwin Leaning, charged before Mr. Justice Herdman at the Supreme Court yesterday with indecent assault on a youth. Air. V. R. Aleredith appeared for the prosecution and Air. G. P. Finlay and Air. Beckerleg for the defence. The youth concerned said that on Alarch 24 he met accused at the industrial exhibition on tlie Civic Square site. Accused asked him to accompany him to his shop where, he said, Leaning committed the offence. As a result of accused’s actions toward him he left the shop and reported the matter to the police. Next evening, accompanied by Detective McWhirter, he returned to the shop, the police officer waiting outside. The assault was repeated and the detective interviewed the accused and took him to the police station.

Detective McWhirter said that accused made a statement in which he admitted that with the exception of one incident the youth's charges were correct. When the luncheon adjournment was taken his Honour said that on account of the seriousness of the case the jury should have lunch at the expense of the Crown. THE DEFENCE Giving evidence in the afternoon accused said that on both occasions that he visited his shop the youth was drunk, and on the second occasion “mad drunk.” The youth stated that he would be buying gum boots for himself and his workmates, said accused, and he endeavoured to humour him. He turned out a strong light which the youth said hurt his eyes, and also offered him a strong cup of tea to straighten him up. Questioned by Mr. V. Aleredith regarding his admissions to the police, accused said that when he made it he' was very excited and did not realise what was in it. Detective McWhirter stood over him, he said, and told him that if he did not sign the statement he would have to stay at the police station all night. The detective also said to him, “I did not think you were the sort of man that would drag your wife and family into this. If you don’t sign this I will get them up here to do

it.” He then signed the statement. When the court adjourned until this morning his Honour, addressing the jury, impressed them of the seriousness of the case and warned them that they must not discuss the case with anyone but themselves. 4 Mrs. A. Leaning, wife of the accused, stated that on the Thursday night in question her sister arrived at the shop after her husband had gone across to the exhibition. A Mr. Colquhoun also arrived and stayed until her husband’s return. She went to the pictures, and her husband went to a meeting with Air. Colquhoun. Tfip next day her husband told her that a young man would call for a surgical truss and some gum boots. Witness was in the shop when he arrived. The young man appeared to be drunk, and she. was present when her husband showed him some gum boots and later told him that he would have to go. Witness shut the shop door and went upstairs to get supper ready. Witness did not know that the detective had called until afterwards, when she went to the police station. Her~ husband was considerably excited and appeared to be suffering from shock.

Mrs. Frederick, sister of the previous witness, gave corroborative evidence regarding her visit to the Leanings on Thursday evening. CONDITION OF YOUTH

R. Callaghan, a foreman residing at Ponsonby, stated that he did not know Leaning previously and had come forward to volunteer a statement o| his own free will. He knew the principal witness concerned, and was drinking with him on the Friday in question. He left his companion drunk, and leaning against a post. To Mr. Meredith: AVitness was absolutely sober when he arrived home, and his nephew who was with them was also sober. To Air. Aleredith: It’s always the way. One is absolutely sober and the other absolutely drunk. Witness explained that it was his practice to become ill after he had four or five. This, he contended, kept him sober. Evidence as to his visit to Leaning’s on the Thursday night was given by Janies Alfred Colquhoun. Harold Hugh Preston said he saw the young man concerned in Leaning’s shop on the Friday night, and thought that he appeared peculiar, but could not say whether he was drunk. A LIGHTING TEST The Rev. C. A. Watson gave evidence as to a test of the lighting carried out in Leaning’s shop the previous night. With all the lights turned out, said Air. AVatson, there was sufficient light coming through the windows from the street to enable him to read a copy of THE SUN. He read quite clearly an acount of Air. Holland’s Labour meeting at Opotoki. Coroborative evidence of the test was given by Air. Arthur Eric Bagnail, accountant. Evidence! as to the sobriety of the

principal witness on the night of the arrest and on the previous night was given by Senior-Sergeant Edmonds and Chief-Detective Cummings.