CHARGE OF MURDER. CASE AGAINST MRS FARNDALE.

Otago Witness, Issue 2815, 26 February 1908, Page 14

CHARGE OF MURDER. CASE AGAINST MRS FARNDALE.

THE ACCUSED ACQUITTED. AUCKLAND, February 18. T7io case sssLln-st Florence F-a.m-cfcia.ie>, -who was charged with the murder of her infant, was concluded to-day. His Honor, in summing up, said it did not ncce c sarily follow rbat the return of a ■verdict of guilty would mean that prisoner should be hanged. In this case, however, ho did not think the jury would be justified in bringing in a verdict of manslaughter. It was either a case of murder or not murder. The story was a very simple one. The prisoner was a young married woman, and had g-iven birth to an illegitimate child. She sought fco find a home in «-hich to place the child, bufc failed, and three days later the infant disappeared. The prisoner gave false accounts of the child's whereabouts. The next development, his Honor said, was the finding of the body of a child in the harbour. Tho question next arose of identity. The pi isonor admitted going for a blow on the harbour. However the child got into the water, it was sufficient for the jury to believe that it was drowned. The question was, Could they believe the whole of her story? If what prisoner said «vas true, then she was blameless; but if the jury did not believe that the baby fell from! her a.rms. then they must return a verdicfc of guilty of, murder. She did not at the time call out and have the steamer stopped. It was sought to 3how, in tha crcjs-examin/at'ion of medical wj( nesses, that the woman was in such a condition as to bo robbed of her powers of speech as a result of the shock. If she did lese that power of speech for a few minutes — if the jury believed that it was reasonably possible, — was it not also conce ; vaT>le that, under the circumstances, she would decider to say nothing of the occurrence later on? If in the place of a juryman he would say to himself, "This unhappy woman's story may b° true, and if true,, and if there is carse for reasonable doubt, then she mu.sb be given the benefit of that doubt and be acauitted."

The jury, after 20 minutes' retirement, brought in a verdict of " Nofc guilty," tha prisoner being accordingly discharged. She was led in a hysterical condition from the dock.

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