" NOT GUILTY "

Dominion, Volume 9, Issue 2632, 1 December 1915, Page 7

" NOT GUILTY "

MRS. PERRY ACQUITTED

RAMARAMA MURDER TRIAL

CBy Telegraph.—Press Association.)

Auckland, November 30.

Tho trial of Amelia Perry on a charge of murdering lier husband at Ramarama was continued to-day.

Colonel Hazard, who has had fifteen years' experience as a. gunmaker, deposed that he made experiments in tho room where tho tragedy occurred,' and concluded that tho gun must have been fired downwards at Perry's head whilo ho lay on the bed. Witness did not consider the fatal shot could have been fired through the window. ■ Replying to the Judge, tho witness said ho was assuming that the frindow was open only, at the bottom two inches. He would be a very tall man to make the wound he saw. Witness produced a sheet of cardboard, at which he had fired the gun in Perry's house at various distances. He considered the mark made'when the muzzle of the gun was 2ft. from the cardboard corresponded ■best with- t'he serrated edge of the wound, in Perry's head, though the mark mado 3ft. away was much similar. He believed the gun found in the house had been fired 12 to 18 hours before he inspected it on September 25. Gordon M'Dowell, labourer, showed a reluctance to answer questions in regard to his relations with Perry and his wife.

Tho Crown Prosecutor suggested M'Dowell might be treated as a hostile witness. .

His Honour said the witness was in a peculiar position, and entitled to claim privilege of a man in that position. - ' . .

Witness continued to answer questions in'a guarded way. M'Dowell declined to answer questions as. to whether he cohabited with Mrs. Perry, and as to whether accuscd had spoken to him about one of her children. . Witness said that on the night before tho murder he was working on. Sutton's farm. •He went to bea between 9 and 10, slept in the same room as Sutton, and did not leave the , house all night.

Cross-examined, witness said accused had never had anything, to' _ hope from him in the way of marriage if she wero free. - ■'

William Sutton corroborated M'Dowell's evidence.

Chief-Detective MacM'ahon said accused was arrested after she had told a number of lies about M'Dowell. The superintendent of police was present, and they were satisfied beyond doubt that M'Dowell had nothing to do with the murder.

The case for the.Crown has concluded. Mr. Prendergast, for the accused woman, addressed the jury. He proceded to quote leading legal authority for the purpose of establishing 'that it was not sufficient that accused's -guilt, was tho only likely explanation of the particular crime, and such a suspicion oil. the part of the jury was not sufficient to justify a conviction. Council then quoted further authorities upon the question of circumstantial evidence and its interpretation. "Various circumstances," he continued, "were not to be emphasised or disregarded merely in so far as they bore upon a certain theory'of the crime, but must be considered in regard to all the possible theories." Referring to the Crown's attempts to establish a'motive, he mentioned the fact that .accused had. been married at fifteen years of age, and had nine children. It did not appear, however, that relations between husband and wife became - less satisfactory through .the, whole.period of their married fife. With regard to M'Dowell, it was not to be. inferred that his. advent caused discord between them, for though Perry . proposed to cut his wife and one child out of his will, he was easily persuaded not to carry out this intention, and, further, he remained .friendly with M'Dowell up /to the last; It was admitted that in the week of the tragedy deceased and',his wife had a quarrel over some money, but they were plainly on good terms on the Friday,. when deceased went to Auckland; and also when he returned, for the family had supper together quite amicably. Turning to the question of the gun, counsel , submitted that the factthat accused had' borrowed it' -was not ,to be held against her. Further, it Jiad been stated that when the gun was used on the Thursday the last two cartridges had been used.. Perry kept all his cartridges in a locked room, and tho Crown ought, therefore, to have established that accused had procured a cartridge some tiipe before the murder and secreted it. ■ . After the Judge's summing up, the jury retired for thirty-one minutes, and returned with a verdict of "Not guilty." Accused was therefore discharged.