MURDER TRIAL.

Press, Volume LXIII, Issue 19145, 31 October 1927, Page 12

MURDER TRIAL.

> DALMATIAN ACQUITTED. (PRESS ASSOCIATION TEUSGEA.It.) AUCKLAND, October 29. His Honour Mr Justice Herdmau summed up this morning in the case against a Dalmatian named Paul Lendich, a gum-digger, charged with murdering the infant of Rosie Tewhiu on August 23rd. It was alleged he had taken the child away shortly after its birth, and no trace of it had since been found. The Judge said if the jury were nob satis£ed with the evidence of the girl, toey must acquit accused, but if they were satisfied, no consideration of sentiment, no irrelevant facte or circumstances, must stand in their way. Referring to the fact that no body had been found, the Judge said if definite evidence of the existence of life and of murder was produced, it was not necessary for a body to be forthcoming. That evidence, however, must be clear before a verdict of guilty could be found. The girl's morals were meagre, and she had told several untruths, for time after time to her mother, her sister, and to Mrs Devul she had said there had been no child. The jury had to decide whether the child was born alive or dead. On the medical evidence, it was established that the girl was suffering from a disease in-which it was a common circumstance for a child to be born dead In face of these facts, the jury must exercise the greatest care before they decided to conyjet. He hardly thought thev could take the responsibility of deciding that a man was guilty on such evidence as that. The jury returned a verdict of not guilty, and prisoner was discharged. A secondary charge of. concealrnent of birth was not proceeded with. *