THE COOPER CASE.

Hokitika Guardian, 17 May 1923, Page 3

THE COOPER CASE.

[by telegraph —run press association.] AFTERNOON SITTING. WELLINGTON, May 16. Further medical evidence in the Cooper case was to the effect that no traces of poison "ere found. Police officers testified to finding the body on Cooper's property. When interviewed by the police Mrs Cooper had replied, that she had nothing to say, and Cooper said it, was impossible for him to produce Hie child while in custody. IP;th had denied that they were guilty of murder. The injuries found on the body were not caused by using a spade. One officer said that Cooper practically insinuated that a man mimed Lupi "as responsible. Hugo Lupi. a fisherman, was called and deposed that he knew nothing about the child, and had never buried it.

Formal evidence was given that no record of the adoption of McLeod’s chill con'd be found.

The Court was adjourned. WELLINGTON, May 17. Tbe Cooper case was resumed at the Supreme Court this morning. Mr Matassev intimated ho proposed to introduce evidence regarding three other babies, which had been hamlc-d over to Cooper, or Mrs Cooper, for tbe purposes of adoption. To this procedure. he said, he unde:stood Mr Treadwell proposed to object. Mr Treadwell said he must respectfully submit that any such evidence was inadmissible, became the medical evidence went to .show there was n strong probability that the body found was not the body of '-McLeod's baby. There " ; is no evidence to show McLeod's baby was dead or murdered, and unless this additional evidence were admitted there could he no evidence in that ilireriion and there could bo no conviction for murder. He submitted : (1) unless death had taken place, the best proof of death was the finding of the body; (21 unless the body found was identical with the deceased person; (6) unless death was due to unlawful violence, criminal negligence or some ether cause not innocent. He quoted at great length, legal authorities in support o! this view. The evidence so far led was not such as a jury could convict mi. He therefore claimed the evidence the prosecution iiosv proposed to ask the Court to consider could not be .submit led.

Mr AYilfonl. on behalf of Mrs (.'coper, formally objected to the evidence on the broad grounds that it was not admissible, and asked his Honour for a ruling in order to protect him in any appeal he might, lodge. Mr Macassey in reply, quoted authorities in support of the contention that lie was entitled to submit evidence to tho Court, which would prove system mi the part of the ueeu-etl. Re submitted that the conduct of tlu> accused disclosed systematic baby-farming, and that there was no real intention of adopting the children. Adoption was a mere sham and fraud, that the death of McLeod's Laby was not natural, and that it "as murdered by the accused, and he "as entitled to call evidence which would prove the system under which this was done. His Honour said he had no doubt it. wrs his duty to admit the evidence proposed to he submitted by the Crown. Mr Treadwell had asked him to say there was no evidence which lie could properly submit to a jury, that McLeod’s child was dead or murdered by accused. He had no desire to go over the whole of the evidence, hut it was his duty to consider the issues raised by this evidi'U'e. All other eases ot this class tried in their Courts were similar in principle to this one, and it had come to be the common practice cf judges to admit evidence proving a system. He would admit the evidence. Whether the point would be reserved, could he considered later. Mr Maenssey then called Lily Lister who gave evidente as to the birth ot the Lupi-Lisier child on the loth. November, 1922. She "as taken by Cooper to a .Mrs King's place in Martin St., where her child was bron. Subsequently she was sent by Cooper, in company with a .Miss Adams, to Nowlaiuls. At the Jolnisonvillo Railway station she was met by Cooper and Airs Cooper. There she leit toe baby with Afrs (.'coper and Aiiss Adams and she was taken in to Xewhmds hv Cooper. Her belief was tnat in accordance with the arrangement "ifh Cooper some one was coming to meet the Coopers at the Johiisonville station to adopt the child, She never saw either the body or the clothing it had on. Again Cooper aftoi'waids told her that the baby was all i ight. She would not have parted with the baby if she had known it was not going to ba adopted, film saw no one at Jolinsonville or Ncwlamls on the night of her arrival who might have taken tne child to adopt it. Cooper since told here that lie expected to hear from the people who adopted the child, but lie had never told her their name, it being one of the conditions of the adoption that she should not know who they were. She never signed any adoption papers in connection with hei child. She made a formal demand tor her child from C'e.oncr, hut it had not been produced. To Air Hanna ; The suggestion about the adoption of the baby came first, from her and not from (ocpci. To Air AVilford: The last person she saw with her child was .Miss Adams at the Johiisonville railway station.^ When Airs Cooper returned to tee house she did not have the baby "ith her as she said the people who were to adopt the child had net arrived, but she did not wait. After she went to bed at Newlands Cooper left the house and it might have been half :, n hour before he returned. She then ashed him if the baby was all right and he replied. ‘'Yes.” She would not swear the shawl produced "'as the one she had round the baby hut it was very like it. She saw a good deal ol Mrs Cooper while at Newlands. She could not say Cooper had any “extraordinary” control over Airs Cooper, hut she generally did ns he desired although she might object to it. To Air Afacassev: On one occasion she wanted to go to town but Cooper objected, saying that someone "'as coming out. She replied; “You make me a- dumping ground for everyone, but Aiiss Lister will be tlm last.” Doctor Hector gave evidence as to th - .■oiiditon of the seioml body tound ~t Newlands. To him it appeared to K> r. full time child. U appeared to hav- been buried about a year. He could not sav if it had ever lived nor the in use of death. To Mr Treadwell: The body might have been in the ground eighteen months. It was very difficult to estimnte the exact time. Similar evidence was riven reranling the third body found. Dr Hector continuing said the 1-odv was more crush,.,l than the second body, leading to the conclusion that it had been prosit, down into the grave. It had a hinder round the bodv indenting that it "as about seven days old. It max here been in the ground about- six mont is. Reasoning on the structure ot the skeletons. he said that tlm second body wa> a male, and the third a female. - To Mr Treadwell: There was no means by which the sex ot club.urn could be determined dehnitth. lingo Luni described the arraimemuits he made with Cooper for tin adoption hv tbe people 1 North of the I-up.-T ister child. Coop-. told him the people he had m mc« w „,e well to (lo and it would onH uist him about thirty pounds.