DR. PEACOCK

Dominion, Volume 5, Issue 1307, 9 December 1911, Page 5

DR. PEACOCK

HIS CONVICTION QUASHED. JURY MISDIRECTED DY JUDGE. NEW. TBIAL OHDERED. Hi Tolorr&Dh-rnoßj AwoclalUn-CosTriEfct (lice, December 8, (1.10 p.m.) Sydney, December 8. 'I'ltn High Court Ims quashed tho conviction »f Dr. Peacock for tho murder of Mary Davie*. Tim dliicl' ,lus(k'c found that although llii'ii! wn:i milllciont circumstantial cviili'lii'll In uliow Unit Mary Davies was dead, Hutu wu.'i iiiMilliciont widened to connect IViu'ook with the deiilh, there- being no I'lii'i'iiliorallon of tho evidence of Poke, wlin wan an accomplice. At tho trial, the jmlgM tilioulil Imvo directed tho jury that Ilium wu.'i no corroboration of Poke's evidence, mid that it was therefore dangerous to convict j bad bo done so they must have voluvnoil a vordict of not guilty. Therefore, in his opinion, a new trial should not lx> granted. Mr. Justico Barton agreed to the quashing of tho conviction, but considered that there should bo a now trial. Mr. Justico O'Connor also agreed that thoro should bo a new trial of Peacock. Tho Court has ordered a new trial in accordance with tho decision of tho majority. Dr. Peacock, who is 71 years of age, was convicted and sentenced to death. Tho Chief Justico (Sir John Madden) strongly summed up against the prisoner.