ALLEGED MURDER.

Auckland Star, Volume XXXIX, Issue 42, 18 February 1908, Page 5

ALLEGED MURDER.

■- '•' ■' NOT i ". '■. t; ACCUSED DISCHARGED. > The evidence "in We* case of alleged I murder, preferred against Florence Farndale was continued at the Supreme . Court before his Honor Mr. Justice £ Edwards yesterday afternoon. Mr, Singer, assisted by Mr. Prendergast, appeared for the.'defence. i James; Somers gave evidence of hay- , mg seen accused at Sunnyside boarding- £ house with the child. - , ■ j Mrs Robinson, (proprietress of the c Sunnyside boarding-house) said accused was always of a very quiet, but pleasant demeanour while at her house. In answer to Mr Singerj witness said " she frequently saw accused prepare food for her child. ' Accused was not very strong. After the 25th, when the h baby disappeared, she did not speak te g witness of the child. Accused was very . fond of her children, and the two young c girls she was particularly fond of. Witr ness could not say whether Detective j McDveney had subpoenaed the eldest 0 girl to give evidence against her mother. ;_ On Mr Singer's request, two daintily- . dressed little girls, the eldest of whom 1 was only seven years of age, were' brought-into the Court. At the sight f - of her children accused broke into a c violent fit of sobbing. : t His Honor said tie "was willing to jj make every allowance n a case where, , _ a woman was on trial for murder, but r he could hardly see the trend of the ij cross-examination. I Mr Tole said he had already inform-j j ed Mr Singer that he would not call. 3 _ the child to give evidence against herj t mother. As a matter of fact he 'had j g advised that the child should not beY put into the witness box in the Lower : 1 Court. Mr Singer said he had not under- " stood such was Mr Tole's intention. 4 Mary Fulton, who had been a fellowj boarder with accused at Sunnyside, said , that the accused was always quiet, and at times seemed very worried. On one ; occasion accused told witness her hus* '. band was in the Congo. Mary Fulton, under cross-examin-ation to Mr. Singer, said that on one occasion the,accused complained of having ' passed a night of agony, and witness ac? eompanied her to Nurse Grace's. Subsequently she saw accused at the nuxsjng home with a child at' her breast. At I that time Mrs. Farndale was very weak and ill. She treated the baby with all kindness and attention. To the two little girls, aged six and seven, she was all that a mothes could he, and the children were devoted to her. In answer to the Crown Prosecutor, witness said accused was a very intelligent woman. ' i Dr. P. A. Lindsay deposed that on November 11th he was called to attend the accused at Sunnyside boarding-house at 8 o'clock in the morning. On his advice she was conveyed to a nursing home. Accused said at the time that she was the wife of a medical man, and that her husband had been away in South Africa for six months. Witness arranged for her immediate removal to Nurse Grace's home, where at 10 o'clock the child was born. It was a healthy, well-nourished female child.- During the time he subsequently attended the mother the baby remained healthy. It was quite evident tf °, US ? d had seething oh her mind, and that she was very worried. J&Z2& t{ \ M . r - Sili g«V witness-said it was on Ins advice that accused gave up natural feeding of the child - P Mary Caroline Grace stated that the piisoner came, to her maternity home in diM ™ aad fT" birth to a f child. The mother did not appear to sT c M, the ? hUd > and on one vision she said to witness, "Baby is getting all the sympathy; I am getting none." . A number of articles were produced for the purpose of , identification, the witness being asked to swear to a napkin amongst other articles produced. Witness swore that the napkin produced was one that accused's baby had worn when it left her house. His Honor.- You mean it is similar to tae one tta baby wore. Witness hesitated in making an answer, i His Honor: Do you mean that this is tbthS Pr°r that ifc was one similar It is the napkin. /His Honor: Do you say that this is the identical napkin? You are now swearing to something that possibly affects a woman's life. ' Will y.ou swear that this napkin was on the baby when it left your house? I don't say you are telling a he, but I want you to give mc your reason for swearing that particular'piece I of clothing was oh the baby at the time. Witness: It is exactly the same. His Honor: I want a direct answer. Dare you swear any more than that, it is similar to napkins .worn by thousands of other babies, or is it the napkin. ■Witness: It is the same. Mr. Tole endeavoured to interpose. His Honor: I will have no equivocation on the part of the witness. I want to know if, as she has already said, it is the napkin which was on, the childwhen it left her house., Witness: No. ' His Honor: Then- why did you .swear that it was? You are very reckless in swearing that which may hang a woman. It has taken force to make you admit to mc what must have been perfectly obvious to every one—that the . child went away wearing a napkin like .this one. Throughout the interrogation of witness by his Honor the prisoner sobbed violently in the dock. Alice Isabella Roberts, matron of the Salvation Army Maternity Home in Hep-burn-street, and. Mrs. Macdonald, police matron, also gave evidence. ' Alexander Low, master mariner, gave evidence that there was no breeze on the night.'in question, and the water in the harbour was quiet. Dr. Sharman gave evidence of the result of the examination of the body of the child at the morgue. In answer to Mr. Singer witness said that from' the examination he made it was not possible to say what was the cause of death. A woman in a very weak state of health would be easily subject to shock. - A sudden shock would * •stupify a ; woinan. Likewise • a sudden shock would be likely to bring about' i aberration of memory. A shock might , affect the powers of memory, speech, and action—either one or all three. Mr. Tole: If a woman dropped her ; child over the rail of a ferry steamer, what would happen? Would she realise the loss? ; Witness: She would naturaEy cry out.

THIS DAY.

THE DETECTIVE'S STORY. The'hearing of the case against Florence ITarndale '-Was 'coutinued this •inom:ing. • ■ ■•■■ ' • ■' | • ■■:■ .- ;^Uj;.-.; |J. v $L ; Pond, analyst, stated that lie made an - analysis • of the JbticLj vi the infant:f ouatt oirthe beach at

'PdnsonbypamF. "dfecovjerea'. 'na ! fek-of poison. ' ■ ;■■•■. Detective Mcllvehey" stated that after viewing the body of-the- child at the morgue,, he visited Sunhyeide boarding. i OUS ?,', M company with- Detective De They-introduced themselves as detectives. After explaining the' Reason i of their visit to prisoner, she saidj :^l ■ don't know- why you/some to: me; my - in the Salvation Army Home, in - Hepburn-street." She further said r that she was paying 12/6. per week for its - keep._ Witness said, "The dead body of an infant was found on the beach at Pon-r' ■ sonby yesterday,. and Nurse Grace ap- • pears satisfied-that the clothing is .the same as that which was oh your chad. • when it left her house." Prisoner replied" L 111. swear on a thousand bibles the child - is not-mine." Witness then took down prisoner's statement in writing, which i was to the effect that her husband was • a medical man, now living in the Congo; : Prisoner further, said that for three years » they lived in Fiji/ a-nd • then went to > Melbourne. Six months ago, she said, ' her husband went.to South Africa, and . she (prisoner) came to. Auckland. After •visiting her .people at Hamilton she re'l turned to Auckland, finally going to '[■Nurse Grace's home-in Vincent-street, ; where her child was born. On the 23rd' • of November she said she left the Home, '[and returned to Sunnyside. On the Tues■'^x t ook ' tlie chfld a way, and left < it at the Salvation Army Home. So far ■ as she knew, prisoner added, in making her statement, the baby -was still in tne Army Home\ This statement 'prisoner signed.- - Witness said it was! ■ necessary they should see her child that ■ 1 night, and asked her to accompany theni to £he Salvation Arany Home. They ■ ! then secured a cab and drove to Hepburn-1 ■i street. Witness went to open the door I ' of the cab when outside the Salvation! I Army Home. Prisoners held up! |Hier hand and said "Stop,. the child is not there. I know you .won't, believe mc now. You will think I did it purposely." She- commenced crying bitterly, and said "My baby is ?,t the bottom <3f the sea. I took it away on: Tuesday "evening. I thought I would go for a blow on the harbour, and got on a : ferry boat going to two wharves. 1 "On the way there the,child slept, but coming back it got restless, and I walked up and down to quieten it. Then I placed it'on the rail. All at once the steamer lurched, and my baby fell, Witness asked her why. she ha'd-told no one of ! this. Prisoner replied "I was too fright|eiied." ;.She also said ."I'ni sorry'now that I told so manv,lies." At the police station witness - showed prisoner the baby's clothes, which Niirse Grace had practically identified.:. Prisoner, said there was one article she had never seen before, but, the' others Were .like the clothes her baby wore, though all babies 1 clothes were alike. .' . ' ',■'■■ \. In j answer to J Mr, Singer, Mellveney said. tJiat prisoner was in her bedroom with her two children when lie interviewed her in company with Detective De Norville. Early in the day the clothes found on the infant taken to the morgue- were, washed in' sheep-dip and disinfectants. It was afterwards that Nurse Grace was shown the clothes. ■ Mr. Singer: You■ did not regard: Mrs. Farndale's statement as a voluntaryone? ■• •""."■'.' • : .'.' '■■ Witness: No. I questioned her, and took down in writing what she said. ' Mr. Singer: In the cab she was very much, broken down? . ; ~ Witness: Yes, she was crying bitterly, and appeared much' shaken/ ■' =' '--■ - You .arrested her, and. took her. to-tie station.—No, T saw the Jiispector r first, and' charged her afterwards? . . " That was" oh Saturday nighi, December" 7th.—Yes, between 10 and IQ.?O' p.inT From that time till now. prisoner .has, been-in Mt. has been detained in-custody; . : - - : ■"'' •/.•--.. i ,To Mr. Tole: I did not mean tp let prisoner go after making her statement^ but I ~would| not'take "it oh myself fa arrest her -without seeing the Inspector. You say prisoner's .statement was nota voluntary one. Did you have to drag the statement from her?—No, her statement was made :in.answer to. .questions.'•■-" His Honor: You did not tell her she need not say anything unless she liked? —No, but Detective De Norville told her so. - ....... -..,...,;. ■. Mr. Singer. You have never told the Court'that before?—:Jfo." ;; Not. at the Coroner's request, or in the .Lower Court?— No. -, Albert Watson, ledger; keeper at the Bankrof New Zealand, said -that prisoner had an account with his bank. ' The signature to the .statement, in Detective Mcllveney's note, book was, in witness' opinion, similar, to prisoner's signature to cheques. ■ ■ . . ■ ' , Dr. Ferguson gave evidence of .eiaminr ing the body of a well nourished female child at the.morgue on December -7th. The head and neck were missing, and the neck and shoulders had the appearance of having been gnawedi as if by fish. The child.was at least 10 days old Mr. Singer: flight a sudden shock deprive a woman of the powers of speech? —"Yes '-.."-,' '•;■'■■.' ' ■:■■ Mr. Tole. What do you mean by the ioss : of speech following on shock?—l should say there would' be temporary loss of the power of speech, lasting as long as the shock lasted,- which .might, be only a matter of minutes. In the case of a woman losing her child overboard, what would happen? Would she become unconscious'?—-Not necessarily. .....■'.' , • ...,.. ... f< How long would the dazed condition last?— That would depend on the condition and temperament of the woman. It would only be a matter of minutes? —She would recover her power of.speech if she. could recover her brain- .power. Detective De Norville gave evidence of that given by Detective McHveney,. respecting the, statement made by the prisoner on the-night of i her arrest. * : This completed the case for-Jhe prosecution. THE DEFENCE. .: Mr. Singer,.in his address to the jury, said he need not remind them what a serious caee this was.. If they found prisoner guilty of this charge, ;his Honor would have a duty to perform which he could not avoid, and he would have to pass sentence of death. In their hands rested the. future happiness , of : aged par"ents, and the two little children of -the prisoner. She was-the only daughter of respectable parents, adelicately-nutur-ed woman. Her father "was a man who had spent many years in the service of his country, and i had ..been /decorated by his King for those. services. He urged that they should eliminate from their minds- the finding of • a body on Shejly. .Beach. .There was absolutely; no evidence' to prove .that that infant iwas the chttdof Mrs. Farndale.: It had:not been identified in any way. The prosecution de-' pendedpn the evidence of Mrs. Grace, i woman who .for some -reason showed the greatest animosity towards the prisoner., That'.wpnjan had attempted,.to -swear' -tp a napkin which was "exactly'. similar to ithose worn by of other.babies in Auckland. It wjvs, hecontendedi necessary to;prcye.that iba child -foiuid' on SheDy Beaeii was Aira. jFanidale's, otber-

wise the case \for"tEe "mnsfi'" fail. ~ ~ I His Honor pointed out that this was a -point of law..:; :■;'-•-' .__ Continuing, Mr. Singer said that the woman, when shes left the: Hospital, was weak, emaciated, and ill. They must'remember that it was only 14 days after . her confinement that she was tempted to go for a trip on the harbour. She was weak and ill, and she carried aheavy child., In such air as that on-the boat, after her illness, was it not possible that a faintness would have, come over her. A lurching of the vessel, arid before she ■ realised what had happened, the child wais gone. Such was her 'simple story/ 'The " sudden shock, as medical. evidence had' proved, was sufficient, to temporarily paralyse her.. She was too frightened to speak". What must, have been, her first thought when consciousness did come. "If you speak you ■will be accused." That was her story. . - HIS HONOR'S, SUMMING TIP. His Honor,' in summing up, said, the case was a very serious one.. It did not necessarily follow that the return of a verdict of guilty would mean that prisoner should be hung. The sentence might be commuted to one of imprisonment for. a ; term' of years. It was, also'true that they might find her guilty of manslaugh- -".' ter, in which .case the_ jury would betransferring tne onus on bim. In this case; however, he- did not think they would be justified in bringing in a verdict of manslaughter. -It- was eitner a case !of murder Or not murder. The story, Ms - ! Honor continued, was a very simple one.. ■ Prisoner ; was; a young married - woman,'• ■ • and had given birth, to an illegitimate jcMld.. She sought to place the infant in ~ i a nursing home. ■ She didhbt. go to places J where, she was not known, but her- ao ... ; tions were open, and she returned to" the : boarding house with the child." This was in her favour. For 12 days she was in.' the, nursinghpme, and left the institutioa three days' before the fatal: occurrence. Nurse. Grace had sought to make the jury, believe that prisoner was Jnot good to iier ehiid. Every other witness had spoken, well erf the mother's treatment to the infaet. They had heard Mrs. Grace, after £is warning that the identification of a particular rag-might affect "the life of the prisoner, attempt to identify it absolutely. Whatever induced her so to swear he did not know, and for that very reason , her evidence had to be regarded, as valueless. Further than that;- she should feel very much, ashamed. PrisoneE next sought to find a home in-which to place the child; but failed. Three daya later the infant disappeared. Prisoner, gave false accounts of the child's whereabouts." - r I ;"The next development,"-his-Honor said, "was the finding of the body .of a child.in the harbour.. : The' question next apose of identity. Prisoner admitted - ing .for a blow on theharbburl However the "child got into the water, it "was sufEcient for the jury to believe that, it-wsis drowned. The body, found "was similar. The question was"could they believe the, whole of her story. If what prisoner said was. -true, , ; then she was. blameless. Ifthey did notlbelieye that the baby fell from, -her arms ihen they nrust return.; a verdict -of guilty of murder. She did not ; at the time caliout, and steamer stopped. It was sought to show, in the- cross-exa-mmation. of -medical witnesses that , the woman Ayas.""in such-aV-conditionas to be robbect ; of Ker- powers" of speech as a. .result of the. shockiT. If" she did-lose-that power: of speech for-a . few roinutes,-if the;'juxy believed that it wSs-reasonably pps'siblfi,was conceivable that under tiie' cireimistance's. she' would "decide -to._say..nothing; of .the -- occurrence later on? The child was illegitimate. • "Was; it -she: said . to herself, 'The time has gone by;, the child 7 is-_illegitimate, ■: and a- statement now : will only -lead , to my name beingdragged before the public ?'".. She was.■ then v b6vmd : >to tell- falsehoods.; It was--very evident -that-those -falsehoods were . childisli- und were npf conceived^'by a : criminal mind,-and' had not been jprev--. ipusly thpugfit out. The .whole resppnsibiliy of the question lay with_;the jury.. If-in the -place"pf ■ a juryman he would: say to himself, ::fTMs;iimMppy.r^pm^n, J B7; story may be-true", andrif 'true, land. jJc there is'cause for" reasonable doubt, thtn she must b&Tgiveji: rthe-benefit of doubt,r.and ; "ac,quitted.?," ./: ~„,.. •. 'At! p.m.-the'juTy~retirea ; ta:coiiaidei! their, verdict, ""'"T'_._' '■--• ■_-"--■ .:.-■.-•■--■■ N.- :..,;/ THE~.:,..■ ~.:,..■ ''..'■ ,.,. .The jury after. 20 ininutes'-retiremeat brought in a - verdict of "npt guilty;" the prisoner .being' accordingly .•'discharged.She was led in a hysterical, condition from the : ,dock. ; ," "- ' : ; ■—- z