THE MOUAT CASE.

Manawatu Herald, Volume XLVII, Issue 2884, 16 May 1925, Page 3

THE MOUAT CASE.

CASE FOR CROWN CLOSES. JURYMEN INSPECT HOUSE OP MYSTERY. Christchurch, Yesterday. In the Mouat case, evideuce was given to-day as to Mouat’s movements alter his wife’s disappearance on February 20th, and as to iires having been burning in the house and garden. The police detailed the lindiug of bones among the ashes. Alexander Augustus Biekerton, analyst, gave evidence that he had examined the waste pipe (produced) and had found that it showed coloured matter. He had also examined pieces of blanket and two tests showed a reaction for blood. On March 24 he went to Mouat s house and took a piece of coloured matter from the edge of the bath. This gave a distinct test far blood. He did not say that human blood was shown —there were not sufheient grounds to work on. He did not pretend to express any opinion as to the age of the blood on the pipe, but on the sheet it seemed to be a recent stain. Mi - . Biekerton was cross-exam-ined as to his tests for blood and their reliability, in reply to His Honour, Mr Sun (for the defence) said he did not say whether one authority or another was right, but the case for the defence was that the authorities were in a state of chaos. The case for the Crown has now closed and the defence will be taken to-morrow. The jurymen engaged in the Mouat trial, this afternoon, at the request of Mr C. S. Thomas, leading counsel for the defence, visited Mount’s bungalow in Beckerford Road and saw for themselves the ash heap in which human bones were found and also a dinning room Jireplace, which has taken an important place in the case for the prosecution. Special interest centred in the dining room, where the hreplace came in for some attention. Measurements were taken and the Registrar explained the various points of interest attaching to the different rooms, borne time was spent in the grounds round Lhe bungalow, where the jurymen made observations for themselves. Christckurcli, Last Night. THE CAbE RESUMED TO-DAY. CASE FOR DEFENCE. in his address to the jury for the defence, Mr - . C. S. Thomas said there was no evidence that Mrs Mouat was dead no direct evidence that she was murdered. A chain of circumstantial evidence had been

forged around Mount, hut a chain was as strong as its weakest link and no stronger. The hones obviously were human hones, but they took the case not one inch further. It could not be said that because they were found on the section, there had been a murder. The place where they were found was a rubbish dump and the bones might have been left by Maoris, who in the late ’sixties, or ’seventies trekked between the two pahs and fished for eels in the Ileathcote River which ran near Mouat’s section. Mr. Thomas continued that the Crown Prosecutor had suggested that if Mrs Mount was alive, she would have come hack to protect Mount in his terrible position, but if she had gones away with another mail, every statement made by Mouat tallied. The hue and cry was was not raised until fourteen days after her disappearance. If she wem off, in that way, she probably was not in this country and was not in touch with what was happening here. One witness had said Mrs Mouat had sufifered from recurrence of fever contracted in South Africa and was depressed and melancholy. How could it he said that she did not commit suicide? The Crown had failed to prove anv motive whatever and ii must not be forgotten that the Crown had found it impossible to reconstruct the crime. “If this man is hanged,” Mr. Thomas concluded, ‘‘and 6 months after, Mrs Mouat, returns from South Africa, what will your feelings be? Sir John Denniston in this Court often said that it was much better for 100 guilty men to escape than for one innocent, person to he declared guilty. That, surely, is common justice. Remember, that if you find Mouat guilty, find him possessed of anatomical skill and dexterity of which there is no evidence whatever. I put it to you his guilt is impossible, and that you know it is.” ITTS HONOUR SUMS UP. In his summing up, Mr. Justice Adams said the first question to ho decided was whether Mrs. Mouat was dead and secondly, had she met. her death at the hands of her husband? A good deal had been heard during the hearing of the case on the question of circumstantial evidence and in this connection, His Honour read the opinion of an eminent English jurist, showing that such evidence had an important hearing when direct evidence was not forthcoming. It was (lie rule that a man was innocent until proved guilty and the jury had to besatisfied that such was the case before they found accused guilty. A statement had been made by Mouat that his wife had on one occasion left him for another man, but it, was the duty ol His Honour to point out there was no evidence that such was the case. It had been suggested that Mrs Mouat had suffered from low spirits and had threatened to commit suicide, hut it had to he remembered the evening before her disappearance, she was in her usual spirits. Respecting the discovery of the bones, His Honour said the Crown claimed that the discovery of the hones, in the circumstances in which they had been found and in the places in which they were found, amounted to a demonstration of conclusive gnili. The question of the disposal of the body was not solved, nor was that, of whether or not a lethal weapon was used. The Crown did mil claim the whole of the body had been destroyed bv fire, but that a. portion of it had been burnt. The jury retired at 6.20 p.m. but had tea, and commenced consideration of the verdict at about 8 p.m. JURY UNABLE TO AGREE. NEW TRIAL ON AUGUST 6. Christ church, Last Night. Just before midnight the jury returned and announced it was unable to agree. A new trial was fixed for August 0.