The Abortion Case.

Manawatu Herald, Volume XXIX, Issue 3759, 7 March 1907, Page 3

The Abortion Case.

An application was made by Counsel for a separate trial of the accused John Moughan and Susan Coles, charged with attempting to secure abortion, on the grounds that the evidence to be adduced by the Crown would prejudicially affect the respective defences of accused. His Honor said the question was whether there would be a separate trial. He did think the grounds suggested by Counsel sufficient to grant the application. The case was one of conspiracy or something analogous to it. The assumption must be that the woman was acting on the procurement of the man, and was co-opera-tiug. If an offence was made out against accused, it would be because they were conspiriting in the commission of a crime. He had sufficient confidence in the judgment of juries of the present., day to believe they would act upon that portion of the evidence affecting each accused. Application for separate trial was therefore refused. His Honour, in his address to the jury, said that there was no proof of any interference with the deceased by the accused during October, when, according to the medical evidence, the event which led to her death, must have taken place. It was possible, he said, that interference took place four months befere, and also possible that deceased was not telling the truth in her depositions, but it the occurence of four months before, alluded to by her in her statement, was true, then she appeared to have enjoyed very good health in the meantime. Regarding the connection of the accused Moughan with the matter, his Honour said it was only natural to . suppose that Moughan was endeavouring to assist the unfortunate deceased to get rid of her burden and that he procured Cole to come on the scene in the way described. His Honour traversed the whole course of the case in his address, which was of a lengthy nature. The jury retired to consider their verdict at 4.5 p.m., returning at 4.20 p.m., with a verdict of not guilty in each. case. The accused, were then discharged.