RETRIAL FAILS

Sun (Auckland), Volume 1, Issue 41, 11 May 1927, Page 13

RETRIAL FAILS

“A DIFFICULT CASE” OLD FARMER CHARGED After a retirement of nearly five hours the jury failed to agree in the case in which William Jenkins, a farmer, of Glenfield (65), was charged a serious offence against a girl of H years. “I am not altogether surprised,” said his Honour Mr. Justice Stringer, when the foreman explained; “it has been a difficult case.” The Crown Prosecutor (Mr. Meredith) formally asked leave for a new trial pending the usual reference to the Attorney-General whether or no there should now be a nolle prosequi. His Honour granted the application. The legal position will be made known to the court on Friday. The prosecution was given leave yesterday to treat its chief witness, a girl of 14 years, as hostile. She deknowledge of the alleged offence, though a sworn statement said to have &een made by her was produced. Jenkins also denied that the statement credite <* to him by Detective Mewhirter was true.

“The case presents some remarkable futures," said his Honour to the jury. The only question the jury had to cousii3 er was whether the prisoner had attempted to commit a crime, the rown having practically withdrawn he main charge. The girl had shown erself to be deceitful, and given to sm*’ and her ev ldeirce affecting both ■*?** might be ruled out. She was 1 , Utterly unreliable witness, and ere was very good reason for suptoK 8 that influence had boon brought , (r j . eai ’ on her to shift her from her statements.’’ ,