LAW REPORTS.

Dominion, Volume 5, Issue 1419, 20 April 1912, Page 15

LAW REPORTS.

KINGSLAND CASES.

BROUGHT UP IN APPEAL COURT,

WHAT EVIDENCE TO A TOUT?

Whether or not certain evidence, wind 'had been tendered at (he November sit ! tings of the Supreme Court in Auckland had been rightly admitted by .Mr. Juslk-i Chapman, wus a question which oecupiei Iho attention of the Court of Appeal yes tertlay. At the trial objection had beei raised by counsel regarding this, and Ihi point had then been reserved for the Comof Appeal. On the Bench yesterdav ivero tho Chie Justice (Sir Hubert Stout), Mr. Jli»tici Williams, .Mr. Justice Edwards, .Mr. Jus tice Cooper, and .Mr. Justice Chapman. It appeared that at .Martha Jan< 0 Shaughnessy's conviction—commonlj known as the Jiiiigsland ease—his Hououi had stated tho case, as follows:— "Tho prisoner was (after two juries hat disagreed) tried before mo for tho thin time at Auckland on November 28 and 29 19U, on tho charge of murdering L'lsii Aleiandra Holland. She was ultimate]] found guilty of manslaughter, and I een fenced her to seven years' iinprisoninem with hard labour. ''At the trial, hor counsel (Mr. Singer objected to the admission of her deposition taken before tho coroner. The pris oner (Martha Jauo O'Shaughncssy) was ir attendance at tho inquest, and was there represented by counsel. Ho also objectec to the evidence of Arthur Kichard Miller who had purchased the prisoner's shop and to tho admission of two letters fount by him when he took possession. "I admitted theso upon the ground that, when read in conjunction with Mrs. Whittington's evidence, they were objects found in tho house tending to contradict the prisoner's statement that she did no nursing, and, by tending to show that the lions© was "known as a place where ahortion might be procured, anticipated and negatived the defence that Elsie Alexandra Holland had come into tho house as an intruder. This dot'ence. was relied on at tho trial,". I The second case concerned the convictions of Charlotte Campbell, and Marj Hassell, who had been arraigned' as a result of the charge against Mrs. O'Shanghuessy. In stating the case for tho Court of Appeal, his Honour said:—The accused were arraigned nt the November sitting of tho Supremo Court at Auckland on charges of being accessories after the fact to the crime of murder, with conspiring together to bo accessories after the fact, and with conspiring to defeat the course of justice. With them was arraigned James Edward O'Shaughncssy, who was acquitted. ... I told tho jury that tho first and second counts wero dependent on proof that Mrs. O'Shaughnessy had committed the' crime of murder or manslaughter, but tho third was not. The jury acquitted O'Shaughnessy on all counts, and acquitted tho other prisoners on the first and second counts, but convicted them on the third. I sentenced each of them to twelve months' imprisonment with hard labour. "At the trial objection was taken to the admission of Campbell's deposition beforo the coroner. She was there represented by counsel. Objection was also taken to the evidence of ATiunio Whittington, and particularly .to'tho part which related to conversations with Mrs. O'Shaughnessy, and to that of Arthur Richard Miller, and tho two letters found,by him. I excluded evidence of admissions made by Mrs. O'Shaughnessy in the absence of the accused, but I admitted tiiis evidence, as it was part of the case for the Crown to provo that Mrs. O'Shaughnessy was guilty of the murder, and this was relevant to that charge. On this ground I admitted tho evidence of Minnie Wliittington as proof of a fact tending to show that the house was known as a house whore abortion might bo procured, and I admitted the letters as objects found in the shop having tho same tendency, the house and shop forming parts of tho same premises. These facts tended to I negative the defence that Elsie Alexander Holland had come to the house as an in truder. This defence was relied on at the trial. At the dafo of the trial Mrs. O'Shaughncssy stood convicted of manslaughter, but had not yet been sentenced." In both cases, Mr. B, A. Singer, of Auckland, appeared on behalf of the prisoners, and the Solocitor-General (Mr. J. W. Salmond) appeared for tho Crown. Mr. Singer's opening address occupied until nearly' 3 p.m., and the Solicitor-Oen-cral'di'd not conclude until 4.45 p.m. Tie Court then adjourned until -10.30 a.m. on Monday, when Mr. Singer will reply.