LEANING S TRIAL

Sun (Auckland), Volume 1, Issue 46, 17 May 1927, Page 13

LEANING S TRIAL

MORE EVIDENCE SOUGHT

ACCUSED IN THE BOX LENGTHY EXAMINATION The second, trial of Ernest Edwin Leaning-, charged on two counts with indecent assault upon a youth, was continued before His Honour Mr. Justice Herdraan at the Supreme Court this morning. Mr. A. H. Johnstone and Mr. G. P. Finlay appeared for the accused and Mr. V. R. Meredith for the Crown. Evidence as given at the previous trial was given by the prinicpal witness, a young man 23 years of age, and Detective McWhirter. Lengthy evidence covering his movements on the two evenings in question was given by the accused. In reply to Mr. Meredith, accused said a friend of his was standing outside the door while the young man was inside. He had not called him because he lived out of Auckland and it would involve considerable expense to bring him to court. Mr. Johnstone: If my friend desires to question the conduct of the case he should address me. His Honour said accused was telling an extraordinary story and had denied the statements of the police. In the circumstances it was of the utmost importance to sift the story to its very limit. The cross-examination of the accused was continued for an hour this morning. In reply to Mr. Meredith, accused said that the only reason he could think of for the youth making such a charge was the ' fact that he was drunk. At this stage the jury asked if it would be possible to obtain evidence as to the youth’s sobriety from a police officer at Ponsonby to whom, he stated, he first complained, and also from a hairdresser at whose shop he had his hair cut earlier in the evening. His Honour instructed that an endeavour be made to obtain the necessary witnesses. A DRINKING HABIT Robert Callaghan stated that he was previously employed at the same place as the young man concerned in the case. On the Friday evening in question witness and the young man had knocked off work at 4.30 in the afternoon. At the Queen’s Head they had “three white mugs.” Mr. Finlay: How much do they hold? Witness: As near as we can get to an imperial pint. After that they visited the Carpenter’s Arms, and also paid a return visit to the Queen’s Head. At half-past six he last saw the young man standing in the water-table with his arms round a post. Witness was discharged from his employment through having a “pick-me-up” during working hours the following morning. To Mr. Meredith: Witness himself was quite sober the 'previous evening.

Mr. Meredith: How did that come about?

Witness: I spilt mine after the fourth drink; it’s a practice of mine to be sick. His nephew, who was with them, was also sick.

Mr. Meredith: I see. A family weak ness this spilling.

Witness: Oh, no. It’s a usual practice among men. (Proceeding)