THE HAYNE CASE.

Hokitika Guardian, 6 February 1920, Page 2

THE HAYNE CASE.

WITNESS WITH SEALED LIPS

WELLINGTON, Feb. 3. ! An extraordinary position lias arisen in the case ol" the Crown against J. j R. Hayue and Norma u Neylon, of Dime don, charged with unlawfully using an instrument. When thp ease was being proceeded with yesterday, Gladys Batchelor, aged 20, who is [he principal witness for tho Crown, absolutely declined to answer any question regarding the case. She stood in thp witness-box heavily veiled and mute, J His Honour Mr Justice Edwards in-, formed the witness that she must answer but she remained dumb. The Court was then adjourned till the afternoon, to give the witness time to consider her. position. It was carefully explained to her that she npist answer questions unless she was prepared to swear that her . answers might render her liable to criminal proceedings. I When, on the second occasion, the girl remained mute, his Honour said: Is this worn mi mad? (Turning to her) Again I tell you that you need not answer any question put to you if you first swear that your answer to the question would expose you to criminal proceedings on a serious charge. Do you understand

that? T » ' The witness murmured “Yes.” Mr MacGregor, Crown prosecutor, (to witness): Do you know Norman Noylon? —No answer. Mr McGregor: Do you decline to answer any question?—No answer. I His Honour: You must answer, or von must say that you refuse, to answer because you ar? afraid of criminal proceedings. . Mr MacGregor: Do you know Norman Nevlon ?—Still no answer. When the case was called on to-da>, Mr MacGregor, K. C., who with Mr Macassey, appeared for the Crown, said that in view of what had taken place on the previous day in respect of a witness' refusing to give evidence >t would he quite hopeless to go on with case. He would therefore ask the Court, under section 431 of the Act, o postpone the trial until the next civ imil sittings at Wellington . MrT M Wilfprd, who was appealing for Hayne, said this application took him completely by surprise, am it was extraordinary that he should not have been informed that such an application was to have been made. He reminded the Court that the accuse* had been tried twice, and that juries of his fellow-men m Dunedin had failed to agree that lie was guilt? • The Crown had decided upon a tU'id trial, and to that no one could objecthut there must be a limit to the ng i of the Crown against the individual. Air MacGregor replied that this was simply an application by the Crown, m order that the ends of justre slmulc bo met. This refusal of the witness to give evidence was not to protect herself, hut was evidently for the purpose of screening one or the other of the accused. That was obvious to any mail of common sense. Mr Wilfonl said lie understood the girl had taken up the same position at the trial in Dunedin. She had refused point blank in the second trial to answer questions even after she had been stood down for all hour and a lialf. Mr Justice Edwards, after conferring for two or three minutes with Mr Justice Stringer, said lie had asked lits

brother Judge, Mr Justice Stringer, to sit with him, as there was no man more qualified by experience to offeri an opinion in such, a case, and none more impartial and more able to form a just opinion. Mr Justice Stringer’s experience exceeded his own. What the Court had to consider was the ends of justice. There could be little doubt that the witness had adopted her present attitude in tlie interests of these two prisoners, and it would be fatal to the administration of public justice were it possible foi* a. witness standing mute in hostile defiance of tlie Court to ■be enabled to obstruct tlie trial of a person charged with such an offence. What lie had to consider was whether or not the witness Batchelor was to be allowed, by her attitude to defeat the trial. It was quite impossible that this should be allowed. The order as asked for was granted. The trial was postponed till Monday, May 17th., at Wellington and the jury was discharged. Accused were allowed bail as before .