DECLARED HOSTILE

Otago Daily Times, Issue 26616, 12 November 1947, Page 2

DECLARED HOSTILE

WITNESS FOR CROWN REFUSAL TO ANSWER QUESTIONS P.A. NEW PLYMOUTH. Nov. 11. Declining to answer questions and saying that she did„not remember, a young woman, aged'2o, created a stir in the Supreme Court yesterday and on the application of the Crown she was declared hostile. Confronted with depositions made at a preliminary hearing, she said again that she could not remember a number of statements she had signed. She was the principal witness against Ruby Watson, of New Plymouth, a married woman, charged on two counts with unlawfully using an instrument to procure a miscarriage.

She had a reason for forgetting, the girl admitted, but much questioning by Mr Justice Fair and Mr J. P Quilliam, the prosecuting counsel failed to discover what it was. An unusual situation arose, therefore, when Mr F. S. Grayling, for the Crown, asked permission to recall the witness because it had just been reported to him that she had a reason His Honor asked why.. if there was a reason, it was not known to the court or the Crown before, as it should have been. The Crown, he said, was supposed to have its case ready and to be assured of the credibility of its witnesses before it launched a prosecution. Consent was finally given by his Honor to recall the young woman to-morrow morning.

The attitude of the witness first became apparent just before luncheon. After telling how she went to a house a* New Plymouth and entered a bedroom. she was asked to describe what happened. She said she could not remember and shortly afterwards collapsed in the witness box. In the afternoon she declined to answer questions. Outlining the case for the Crown. Mr Quilliam said the girl was found work at a maternity home by Dr P C. Davie, whom she had consulted. The accused, a trained nurse and midwife, sometimes relieved the matron. Mrs Fitzgerald, at the home. The girl met Mrs Watson, who said Mr Quilliam, asked if she could help her as she had helped other girls. Subseauently the girl went to an address alleged to have been given to her by Mrs Watson and certain things happened there.