THE COOPER CASE.

Hokitika Guardian, 14 May 1923, Page 3

THE COOPER CASE.

TRIAL OF ACCUSED COMMENCES. [by TELEGRAPH—PER PRESS ASSOCIATION.] "WELLINGTON May 14. At tlie Supremo Court this morning before Mr Justico Chapman, the trial commenced of Daniel Richard Cooper and his wife Martha Elizabeth Cooper, who are jointly charged with* “That at Newlands near Johnson vibe, on or about tho 20th October 1922, they murdered tlie infant child of Margaret Mary McLeod and William James Welsh..” The prosecution was conducted by Alt Maeassey, Cooper being represented by Air Treadwell, and with him Atr Hanna. Airs Cooper was represented by Air Wilford and Air Jackson. Long before the Court opened, a large queue had formed outside in the street, and when His Honour took bis seat on the bench the building was crowded, tho ladies’ gallery being thronged equally with the body of the Court. On being charged, both accused pleaded “ Not Guilty,” the man in clear, firm tones, and the woman in a voice scarcely audible. On behalf of Airs Cooper, Air Wilford mado an application for the severance of her case from that of her husband. In this connection, lie asked the Court to consider: —• (]) Will the case of. the Crown be prejudiced by such severance; (2) Can the female accused secure a fair trial if no such severance takes place; and (3) |s it possible that a miscarriage of justice, will take place it the two accused are tried together. Air AYilford quoted at length authorities in support of his application that tlie charge should tie divided, and the accused tie tried separately. He then proceeded to cite particular incidents connected with the case which he claimed might be evidence against Airs Cooper, but which the jury would have the greatest difficulty in separating when placed before the Court. In the course of a lengthy trial, not a twentieth part of the evidence which the Crown would submit was evidence against Airs Cooper, but lie contended that it was rather much to expect ordinary jurymen to make a proper assimilation and this complicated the evidence. His Honour indicated he* had every faith in the discretion and sense of justice of New Zealand juries. If was quite within Airs Coopers right to place her position before the Court by propelly submitted evidence. Continuing, Air A) ilford maintained bis client was entitled to tin* fairest trial possible, and the case of the Crown would not be prejudiced by the course ' lie proposed. His application was briefly supported by Air Treadwell on behalf of All's Cooper. Opposing the application Air Alacassev said he did not dispute the matter was one witlTin the discretion ol the Court, but tie submitted the accused should not he separated because in AlcL-eod’s case at least there was evidence of a complete co-ordination of action between tho accused. He reviewed certain portions cf ilie evidence in the Lower Court in proof of this and contended that unless the Crown was able to submit this position in the jury the ease of the* Crown would tie seriously prejudiced.

HIS HONOUR’S REAIARKS. COURT ADJOURNED. AY ELLINGTON, .May It. 11 is Honour in ruling upon the application said tin* matter was one purely for the discretion of the Court. It was. he said, a Usual proceeding wlieu the ca-e of the Crown involve:! eonspi, ac v that the persons concerned should lie. tried together. It had been suggested in this case that the leintde prisoner would be prejudiced by this course, but having read the depositions he was sti tick by the fact that t bis was a i aso remarkably I tee irom that class of evidence in which one of the accused sought to cast Maine on the other. There was nothing of that. As for the items of evidence v'tMt reflected on one prisoner, did they not reflect, on the other That occurred in every ease in which two persons were indicted. In that circumstance the Court trusted to the intelligeme of the jiiiv to separate the evidence with a sense ot justice, and lie was satisfied the jury in this case would do this. This was not merely a ease of conspiracy, hut one of the closest co-ordination of action. In support of this view his Honor quoted from depositions to shew Airs Cooper had been in most intimate association with Aid.cod and her child, and it was last seen in her hands. He had every confidence that the jury, would do jusnee In Airs Carper and that being so he would dismiss the application. .Some little time was occupied in empanelling the jury, both sides freely exercising the i iglit of challenge. Finally twelve "good men and true” were selected, cf whom David Robbie was chosen foreman. It was then arranged that the jury should view tlie locality at Newlands where tlie alleged (.(fence was committed before the Court began to hear the evidence and the Court adjourned until the jury returned.