MRS DRAKE’S CASE

Gisborne Times, Volume VIII, Issue 562, 4 November 1902, Page 2

MRS DRAKE’S CASE

APPEAL COURT CONFIRMS CONVICTION. By Telegraph— Press Association. Wellington, ia-t night. Argument was heard in the Court cf Appeal this afternoon upon the question reservi d for the opinion of the Court in Mrs Drake's case. Accused, it will bo retuc-uibered, was tried at Wellington in August last on a elnu ge manslaughter of :iL-i daughter. Dorothy Gwendoline Drake. Evidence adduced by tile Crown tended tn show that tlio child, Dorotny Drake, died shortly after and in consequence of blows indicted upon her by accused, and by elder daughters of accused, in her presence and by her sanction. The defence was that what was done was a correction for disobedience, and dul not exceed what was justifiable for that purpose. Tho Crown then tendered evidence as to the treatment of tho child by accused during the period of the five years pre ceding tile occasion in question, with a view to showing that .-lie had always eil lertaiucd it strong feeling of dislike and 1-will tow mis tin; child.

This evidence was objected to by conn sel for accused, hill Juogo Edwards over ruled the objection and admitted the evidence, reserving the question, however, for the subst quent decision of the Court of Appeal. Tin- jmy convicted tlie accused of man slaughter, and sentence was deferred, pending tho decision of the Court of Appeal of tile question reserved. The Court tins afternoon, after hearing Messrs Skcrratt and Wtlford lor accused, unanimously held, without calling on Messrs Stringer and Gray for tiro Grown, that the evidence had been properly admitted, us tending to show that what had taken place was not done in bona-fide oxereise of parental authority.

Tlie Court, therefore, confirmed tho conviction of accused, and she will come up for sentence at next criminal sessions.