JURY DISAGREE AGAIN

Hawke's Bay Herald-Tribune, Issue 18, 5 February 1937, Page 6

JURY DISAGREE AGAIN

Press Association.)

Fourth Trial Requested in Aves Case 'UNUSUAL," SAYS JUDGE

(Br Telegraph—

WELLINGTON, Last Nigkt. For tbe third time a jury bas f ailed to reacb an agreement in tbe case of Isobel Annie Aves, also known as Craike, a married woxnau, of Hastings, wbo bas stood trial at Napier and twice at Wellmgton 011 seveo. cbarges of unlawfully using an instrument to procuie miscarriage. Tbe third trial was concluded in tbe Supreme Court, Wellington, to-day before tbe Cbief Justice (Sir Michael Myers), and jury. Addressing tbe jury, Mr. Lusk reviewed tbe evidence of tbe 26 -witnesses to be called for the Grown. Wben detectives visited accused's bouse at Hastings on June 25, 1936, be said, tbey found certain articles wbicb migbt certainly be found in otber bousebolds, but wbicb, taken in conjunction witb tbe otber evidence, could bave been used for tbe purpose of assisting to procure miscarriage. In tbe bouse were found also books of account showing a very extensive business and conneeting up some of the.persons wbo were being called by tbe Crown. At tbe back.of tbe section and in a duckpond in an' adjoining section tbe police bad come'on two places wbere the ground bad been xecently, disturbed, said Mr. Lusk. Investigation brougbt to light a buman foetUs and tbe body of an infant witbin 'four or six: weeks of full-time delivery. Accused said she .knew notbing about them, and.could npt account for tbeir presence. Tbe ground was dug up and witbin a small area the remains of 20 otber in'fauts were found, none of them. being fully developed. Most of them wero buried in lime,; some baving , been in. tbe ground for a considerable time. All, Dr. Lyncb would,say,..bad.b.een. tbe result o'f ' mis-" carriages. . . After a' retirement of. four bours- tbe jury xeiurned. and .tbe ..foreman said: W e are unable. to ■ agree. "

• "Is tbere any assistance I can give you on. any point- iu tbe evidence ? ' ' asked bis Honour. Tbe foreman: "Tbere is no question of evidence at all. Tbere are two wbo bave made ,up tbeir minds not to convict.'/ His Honour: "I do not know tbat you sbould bave told me tbat. Seeing bowever you bave done* so it canuot be helped. Wbat is tbe difficulty ? Have these two men made up tbeir minds not to convict, or wbat?" Tbe foreman: "Just wbat you say." His Honour: "I am very sorry gentlemen. It is very uusatisfactory.k' Sir Michael Myers added tbat tbey migbt remember be had said at tbe opening of tbe trial tbat be bad made up ins mind not to f orbid tbe .publication of tbe proeeedings tbougb tbe Crown prosecution bad made application to tbat end. "Wbat I bad in mind," said tbe Cbief Justice, "was it migbt be a very good tbing tbat tbere sbould bave been a report so tbat the publie sbould bava seen tbe strengtb of the case." "It is very unfortunate tbat because of tbe action of one or two men here end tbere tbe wbole jury is brougbt into question," Said bis Honour. "I will bave to discharge you, gentlemen, as far as tbis case is concerned. If tbere is any gentleman wbo is called upon to serve on a jury and wbo makes up bis mind tbat no matter wbat tbe evidence is be will not convict be sbould. say so at flrst because he sbould never be on a jury." Mr H. B. Lusk, Crown Prosecutor. oi Napier, wbo conducted tbe prosecution, said be desired formally to ask for a new trial in order to consider tbe posltion. His Honour: "You bave beard wbat I bave said. I do not wisb to make any eomment while tbere is a question of a new trial. It is extreinely unusual that tbere sbould be a fourtb trial. ''' Mr Lusk; "I presume I sball bave To consult tbe Solicitor-General." His Honour: "Wbat do you wisb me to do?". Mr Lusk: ' 'I ask you to defer tbe order until I bave consuited Tbe Solicitor-General.' ' -ixis Honour agreed to tbis course and accused was remanded to appear again to-morrow morning.