"DO NOT DECIDE ON SENTIMENT"

Hawke's Bay Herald-Tribune, Volume 81, Issue 24, 21 October 1937, Page 7

"DO NOT DECIDE ON SENTIMENT"

-Preas AssocTstipn,)

Jndge's Address to Jwry on Abortion Cherge CHRISTCHURCH CASE

{By Telegraph-

1 CHRISTCHURCH, hwt Night. The first trial of two Christchurch married women, jointly facing three oharges of procuring abortion ended iu the Suprexne Court at 8.3Q tt> -night, when the jury found one woman guilty on iali counts with a stroag rocommendatiQu to mercy and failed. to agree on fhe chargeB against the secoad vvomau. The wornan found guifty was Agnes Bufna, in whose house it had been stated in ovideuce tlie operations had been performed aud who had xnade a statemeut to the polieo, The second woman, who was remaoded for a furtber trial, waB Gertrude Grace Taylor, who, the Crown alleged, ■ had been the person aetually performing the operations., Taylor hed refused to make a statexnent, and one of the two matorial witnesses had stated that she cpuld not identify her as the woxnau, Mr. A. W. Brown prosecuted for the Grown. Mr. Hardie Boys (Wellington) and with him Mr. K. A. Gough appeared for Taylor, and Mr, I). W, Russell for Burns. The ease wps heard before Mr. Justice Northcxoft. In his address to the jury Mr- Russell said that six people were concerned as parties ia allegations. Two men, two g\rl witnesses and the two accused. "Yet of the six, only the two accused are facing you in tho dock," he said. The Crown Prosecutor had very properly, Mr. Russell continued, asked the jury to disregard altogether the present caxnpaign against abortion ii£ the newspapers and elsewhere. "Even in this tuorning's newspapers you will have seen that the Anglican Synod has made a pronouncement on the subject. It is not for you. and me to suggegt a remedy for abortion, but I do say that oue way would be to prpseeute everyone who takes part in it," His Honour; I cannot allow your summing up to proceed aloog those lines, Mr. Russell, That pight properly be said in Parliament, but not hore, The jury is only epncerned with this ca'se, Mr. xiardie Boys, iu Uis uuury-:s,/said that the Crown relied for propf of its case on fhe evidence of ascomplice witnesses — the two girls. There was no gainsaying the guilt of the aecompUce witnesses, and yet they were far froju being in the dock. He read legal ; authorities in support of his claijn that it was a dangerous practice ,to accept the uncorroborated evidence of accom.plices.Against Taylor the only evidpnce was that of the aecomplices, aud one of them pould not identify Her as the woman who was ajleged to have perforjned the operation. The men involved, if they had been called, would also have givca ovidence as aecomplices, he continued, hut they had not even been asked to facs the humiliation of coming to Court. Mr. Hardie Boys added that not the least part of thp campaign against abortion Was the campaign against juries,. Cer? tain literature had attacked the juries which did not convict in cases of abortioq — as though it was the tusk of ' juries to convict regardless of factsr "Nq one is entitled to stampede y5u . into a verdict," he continued. His Honour, summing up, said fhere was a good deal of controversy and public discussion and disquiet about the extent of abortion. It was perfectly true, because those who wero eharged — or considered they were charged— with the investigation of eocial problems wero concerued about abortion, that was no reason why a jury in any particular case should fiqd accused guilty. The case should not be decided on general statements qn the prevalence or undesiTability of abortion, but on the facts. Qn the other hand, the jury shouTd not allow itself to be led away from its duty b/ reason of such a controversy if it considered an accused person to be guilty. It might seem, he continued, if the jury came to a ponclusion that the ease against Taylor was doubtful ffiat it wpuld be harsh .that Burns should be eonyipted, while tho princxpal offcndor, whobyer she might be, went free, but that should. not be a coqsideration. In any case, whatever Taylor might be, Burns seemed tp have made possible tho conduet pf what appeared to be a regular abortion business. "You havp to be true to your oath," the tFudge continued. "If juries are to decide en spntiment or because of public controversy, thp law will be broughf into. cohtempt. It is much more dangerous that justice should not be- dpno than that these. abortions should contiuue as rampant as it is suggpsted they are at present." The jury retired at 4.20 p.m, and ra-' turned at 8,20 p.m. In answer fo a question from his Honour, the foreman said that there was no chance that, if given more time- to consider, the jury would agree about Taylor. Burns was remanded for sentPtice. Taylor was released on baU and a further fixture was niade for Tussday next.