Jury Disagree

NZ Truth, Issue 1237, 15 August 1929, Page 3

Jury Disagree

article' is similar'' to the one shown to me by the police. ... y. • "I staj'ed with her all night. I was .present when she died. '." . ■ : *■. "After her death, I went to a- box and got the article, and gave it to . the doctor. I did not examine it. , I. 'told the doctor that I had supplied) Mrs.. Heron with, it." . ; ;l.This:cpncluded tine' ■eyidence^or thp : .prosecution; . //■ •■ ' '-. '•■■"' ; •■ '. ■:■;'. .•'•„ ■ .Addressing .the jury,.' Mri: Campbell," for the Crown, ailegfed that the accused admitted haying procured the ! article. This m i tself ' was ah offence. . s .':. ' ' Mr. Hanlon said" that if the' jury were, satisfied that the accused procured the article for the purpose alleged by - the Crowh," then that would be the end of the matter. : ■ ■•■ " ■■ ; -"'. ..■■•.' -' ' ; .-■■■ V. ■■ ".^ • ,'•'■■ ~."'\':' ■■ .; JThe real question was whether y ; ofvnot .this accused believed— for; 'knowing, had been held to mean ';\ believing— that the deceased wo- " • ■ mary-i ntended to use 'the. article % unlawfully?-: ■■■■■..-'■■: '... ,V ■"-- ;':'-/- : .' ''/''- '■'.-[. "The police," a,dded counsel, '/say m < the ' statement 'that V Melville procured' the :■ article from a box, but '■'■.. the ;; doctor's evidence is, un-shakeable.-He states that lie saw trie *;'4°ccused go to a chest of drawers, rummage, among the clothes,' and,; pro - duce the.,article. This shows just how mtich , reliance • can be •, placed- on ,'■: the statement submitted by the Crown.", Summing up, Mr. . Justice ' Adams pointed out that the jury had to decide beyond doubt whether or not the articie had been supplied for an unlawful purpose. , Mistakes 01* blunders' would have, to' be. ignored; . and also, any other points' which appeared to be m doubt." ■ After a., retirement of five, hours/ the Jury, 'returned, the foreman intima.tirig that'; it had "riot been able to arrive at fin agreement.' v -. : 0' : ; : ', ■ ; /- ; /. .■ ' - TheAGrpwri Prosecutor applied for a re-tfial, ;v ! Ayhfcli,,wa's} i 'fixe.d.';-foi i . : the.''-iitext session 'of >■: the ; .; Supreme : '- Gburtv : \ at Timaru.v; : '' ; ':';/ V ;;: / ;••'■'"■/- ;' : - ; .'-' ■[ : ~\*' '.".''■ :.; Bull- was 'allowed the accused- m self 4200, arid; two sureties each of £ 100.