MURDER CHARGE

Evening Post, Volume CXII, Issue 56, 3 September 1926, Page 8

MURDER CHARGE

4 _ PRELIMINARY HEARING CONTINUES SUPPRESSION OF WITNESSES' NAMES OBJECTION BY THE DEFENCE. The Magistrate's Court was cleared again to-day when the preliminary hearing of the charge against Elizabeth Ann Wylie, alias Neville (49), of having murdered Elsie Davis, a married woman, at Wellington on llth July, 1926, was continued. Mr. E. Pago, S.M., was on tho Bench, Mr. P. S. K. Macassey conducted the prosecution, and Mr. J. F. B. Stevenson represented tho accused. At tho outset, Mr. Stevenson said that ho wished to mention a matter upon which, his Worship had given a ruling when the case was opened last week,' in reference to the suppression, of tho names of the girls called as witnosses. "No doubt your Worship was considering the interests of the girls themselves, but there are very serious interests in another direction," said Mr. Stevenson. "These are the interests of the accused. Every little bit of information or evidence which comes into the hands of the police is placed at their disposal to make inquiries. Certain girl 3 are produced as witnesses. The Court has been cleared and the girls' names have been suppressed. However, the result of the name of one of the girls having been published before your' Worship made the order has led to the defence receiving certain information about her which will be of the greatest assistance to us later on in the cross-exami-nation of the girl. "We ask, is it fair that these girls should be giving evidence in secret and their names suppressed, and we cannot use their evidence? What method can we employ like the police to ascertain the antecedents of these girls?'? | continued counsel. "This is a murder charge, a capital charge, which puts the accused in peril of her life, and yet people giving evidence against her are to have their names suppressed. We must consider who theso people are, j people who, on their own evidence, are self-confessed criminals and accomplices. Seeing the machinery the police have at their disposal, I think every weapon should be placed in our hands." Mr. Macassey: "The witnesses giving evidence can havo no motive in giving fah_e evidence, and it is against their own interests to give evidence here at all. While I don't see how the interests of the accused can be affected, it is not in the interests of justice that these names should be published." Mr. Stevenson: ."My friend's argument -is absurd . to say that these girls can have no interest. The point in this class of case is. stressed in the Upper Court, that the girl is an accomplice and has an object in giving evidence, namely, to escape a possible charge against her. „ . , It has always been one of the principles of British justice that the accused should be given every opportunity, and the proceedings taken in the open light of day." Mr. Page said that he would consider the point, and would give his decision this afternoon. A female witness entered the box to give evidence, but Mr. Stevenson objected' on tho ground that the dying woman's depositions were taken on an abortion charge and not one of murder. He asked'that the objection be noted, and also, asked his Worship why the depositions had been admitted as evidence. Mr. Page said that he admitted the depositions to prove other chargos which could be laid, and which fell within the case in the Supreme Court. He had not only the question of murder to consider, but whether there was any other indictable offience on which tho accused could be sent to the Supreme Court for trial. Mr. Stevenson: "If not murder, then I take it that as this is only a preliminary inquiry, your Worship would be able' to send the accused for trial on whatever charges this inquiry may disclose." Mr. Page: "That is so." _ -Ellen Sylvia Rush gave evidence of an illegal operation performed on her by the accused at the latter's house at Lyall Bay. Rena Brown, a single woman, said tli at she had made arrangements with accused for an operation to be performed by her, .but when she called for that purpose.she found nobody at home.. '' DEPLORABLE TACTICS. '' Mr. Macassey, at this stage, referred to Mr. Stevenson's tactics as "deplorable." Mr. Stevenson: "They are not deplorable: They aro most useful to us, and I want to ask what question I like about the witness's past." Mr. Macassey: "I suggest that counsel must have some foundation for such questions." Mr. Stevenson said that he had been instructed to ask such questions, and he was only doing his duty. NO SUPPRESSION OF NAMES. After witness had concluded her evidence, Mr. Page said that he intended to deal with tho ■ application for the publication of the names. "I have come to the conclusion," he said, "that although it may bo unpleasant for the witnesses, consideration for their feelings must not be allowed 'to outwoigh consideration for the accused and affect hor chances. 1 propose to allow the names to bo published." The evidence of two male witnesses concluded the case for the prosecution. Mr. Stevenson said, that the only submission the defence would make was that there was no'legal evidence to send tho accused forward on the murder charge. Mr. Page: "Counsel for the defence has pressed me to give a ruling as to whether the depositions taken on th"o abortion charge are admissible on the murder charge. If it were necessary for me to express my opinion on this important and difficult,question, I should do so, but I do not consider it necessary. This is not a trial, but an inquiry. I have merely to ascertain the term of tho Statute as to whether there is sufficient evidence to put the accused on her trial for an indictable offence. It is clear that the depositions are admissible on an abortion charge, but whether they are admissible on tho charge of murder must bo decided by another tribunal." Mr. Stevenson: "Is there any particular offence you aro sending her forward on?" Mr. Page: "I find there is evidence to justify me sending hor forward on a eliarge of abortion." Mr. Stevenson: "Is she committod on the charge of abortion only?" Mr. Page: "I. send her forward on an indictablo offence. She could be charged with abortion, and, possibly, with two other charges, murder or manslaughter." Bail in tho sum of £300, with two sureties of £150 each, was renowed." Tho three charges against the accused of unlawfully using an instrument aro proceeding. Oscar Jacobseu, a medical practitioner, aged 61, who is charged with inciting Bona Brown to havo an unlawful instrument used upon hor was remanded till Wednesday next. Bail in tho sum of £250 with a similar! surety was renewed. j