CHARGE OF MANSLAUGHTER.

Manawatu Herald, Volume XLVII, Issue 2842, 5 February 1925, Page 3

CHARGE OF MANSLAUGHTER.

AGAINST A YOUNG MOTHER. At the Palmerston N. Supreme Court yesterday Eileen Bree, a young woman, of 23 years, appeared before Mr Justice MacGregor to answer a charge of having on November 14, .1924, at Otaki, murdered her newly-born male child. The Crown Prosecutor, Mr F. H. Cooke, conducted the prosecution and tho prisoner was represented by Mr Mazengarb. In outlining the case the Crown prosecutor said the accused girl had been- employed as a domestic servant at the beach house of Mr Manley, the dwelling being quite close to the water’s edge. On the night of November 13 last, the accused gave birth to a quite healthy child. At about 8.30 on the following morning a youth, while exercising a horse on the beach, discovered the dead body of a newly-born male child. Information of the discovery was given to the police, the accused was later discovered with a sugar sack in her hand into which, she admitted, she had intended to place the baby, in order to take it back to the bouse. The body was about 30ft. from the water and the tide was rising. It would be shown that the child had been Jjorn alive and liad breathed.

Mervyn Webby, a stable hand, related having discovered the body of a newly-born child on the beach at Otaki on the morning of November 1-1. He informed the police. When discovered the body was quite close lo the water. The body was quite mule and lay face upwards. Constable Satheiiey stated in his evidence that he. met the accused who approached him with a sugar bag in her hand. On being questioned she admitted that, she had given biiili to a child during the. night and laid taken it out on to the. beach in a blanket. She appeared to have, been suffering great, pain and was nof normal at the time.

Medical evidence as to the condition of the baby was given by Dr (i. 8. Sharpe, of Otaki. The opinion of witness was that the cause of death was exposure as the night was a cold one —it certainly was not drowned.

After counsel for accused had addressed the jury His Honour summed up in the course of which His Honour thought that there was insufficient. evidence to substantiate the charge of murder. On the other hand, everything pointed to a case of manslaughter. If the jury returned a verdict of manslaughter '-—and technically the accused was guilty of such —with a recommendation to mercy, His Honour thought a nominal sentence would meet the ends of justice. He assured the members of the jury that they could quite well bring in manslaughter upon a murder charge, the statute demanding a murder charge. After a retirement of about ten minutes, the jury returned with a verdict of guilty of manslaughter, with a strong recommendation to mercy. His Honour intimated that he did not intend to commit the accused to prison, but would convict and order her f.o come up for sentence when called upon, within the next 12 months. If she led a good life in the meantime she would not again hear of the occurrence.