JURY DISAGREES

Sun (Auckland), Volume II, Issue 583, 8 February 1929, Page 16

JURY DISAGREES

MENTAL HOSPITAL CASE

NEW TRIAL ORDERED Pres# Association WELLINGTON, Thursday. The jury disagreed and a new trial was ordered for Monday in the case in which Henry Dixon Tyrer. in attendant at the Porirua Mental Hospital was charged with causing bodily harm to one of the inmates of the institution. In his summing up, Mr. Justice Herman remarked on the gravity of the matter. No man in his sound senses would come to the conclusion that a man would inflict on himself such injuries as the patient had sustained. In regard to Quintall’s evidence, he said that because a man had been convicted of an offence it did not follow he was incapable of telling the truth. In connection with the allegation of a fight with another patient, his Honour asked why Struthers was not called to give evidence which would be of supreme importance to the defence. On the whole of the evidence the jury was entitled to consider the Crown’s case had been proved, but the matter was entirely in their hands. The jury retired shortly before the luncheon adjournment, and at 4.45 p.m. returned to the Court. The foreman stated they were unable to agree and there was no chance of an agreement. Accused was allowed bail.