The Otaki Manslaughter Case.

Manawatu Herald, 23 August 1902, Page 2

The Otaki Manslaughter Case.

The Supreme Court room was again crowded in all -parts on Thursday morning, when the Oiaki manslaughter case was mentioned before Mr Justice Edwards. It will be remembered that on Monday last Mrs Harriet Drake was found guilty on a charge of having caused the death"of her eight-year-old child Dorothy. It will also be remembered that at an early stage of ihe trial the Crown Prosecutor (Mr Gray), sought and obtained leave to admit certain evidence to show that the treatment of Dorothy on the day of her death was part of a system. Mr.Skerrett opposed the admission of the evidence, on the ground that there was no question of intent or condition. of mind involved. The jury must consider the reasonableness or excess of punishment upon the facts of the fatal Thursday’s circumstances only. Mr Skerrett argued that: the proposed evidence would tend to fill the minds of the jury with prejudice. When admitting the evidence, Mr Justice Edwards said he would still keep the question of its admissibility open. On the jury bringing in a verdict of Guilty, Mr Skerrett reminded his Honour of this disputed point.. This morning Mr Skerrett made application that the question be remitted to the Court of Appeal for argument. Mrs Drake occupied the dock while the application was being made. His Honour agreed to state a case for the Appeal Court. Mr Skerrett then applied for a renewal of bail.

His Honour consented, remarking that the bail must be more substantial than that previously allowed (two sureties of £2OO each). He would allow bail of prisoner’s bond for £SOO and two sureties of £SOO each. As long as there was a point in; the prisoner’s favour outstanding, so long should it be considered that she bad not been properly convicted. It was obviously proper that the sentence should be respited and that the prisoner should not be sent to gaol so long as there was a chance that the Court of Appeal might decide that she should uot be sent to gaol. He ordered the case against Mrs Drake to stand over until the next sitting of the Supreme Court, which opens on 24th November next. The Court of Appeal opens its next session on 13th October.

pew* l -jj The sureties for Mrs Drake were M . W. S. Broderick, farmer, and Jjlr C/ H. Izard, solicitor. The witnesses whose evidence is under protest are Mrs Jenkins, Mrs ■' Jessie Rickard, Thomas Scandler, and George Phillips. A large crowd gathered outside toe ■ Supreme Court buildings to see the - prisoner drive away. A ruse adopted by the cabman, who drove the 11 r cab partly round the block, and wa» followed by no small portion of tb£ ; crowd. Eventually Mrs Drake wa# taken out through the police station,', but she was not able to avoid crowd, which surrounded the cab ae she entered it and was driven Sway.—;, Post. ■ ' !;:r.|