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ALLEGED ILLEGAL OPERATION

A PECULIAR POSITION. By Telegraph.—Press Association. Wellington, Last Night. At the Supreme Court yesterday, Edward Reynolds and Annie Petersen were charged with using an instrument for unlawful purposes on a girl seventeen years of age between the 14th and 25th of Marcli. Reynolds was also charged with unlawfully supplying an instrument knowing it to have been intended for unlawful purposes. Mr A. L. Herdman appeared for Annie Petersen and Mr. T. M. Wilford for Reynolds. Both counsel applied to have the cases tried separately, as otherwise their defence would be prejudiced. Mr.- T. Neave (Crown Prosecutor; opposed the application, and His Honor retired for a few minutes to consult Mr. Justice Chapman on the point. When His Honor the Chief Justice returned to the bench, he announced that he would not grant the application, but, n so desired, he would reserve the point! for the Court of Appeal should it be necessary. j

Both counsel availed themselves of this permission.. His Honor directed the court to be cleared and ordered that particulars of the case be not published. During the hearing the point arose concerning the necessity for corroboration.of the girl's story.

Mr. Herditian said that the case, as shaped by the (Grown, did not disclose any evidence ; whkh corroborated the, story of the principal witness, who was gn accomplice. There was .no co.rrobpration as to the actual perpetration of .the deed. Counsel proceeded to quote authorities on this point. Mr. Wilford contended, quoting "Russell on Crimes," page 2286, that it bad long been adopted as the general rule of the practice that the testimony of an accomplice ought to receive confirmation, and that unless it be corroborated in some material part by unimpeachable /evidence, the presiding judge ought to advise the jury to acquit the prisoner. To adjudge the defendant guilty in a paternity case was impossible under our law without corroborative evidence, and therefore this case could not be dealt with except by acquittal. Mr. Xeavc combatted the point raised. His Honor upheld the contention, and directed the jury that it was their duty to bring in a verdict of not guilty. He had to put aside his personal feelings in this matter. He assumed the girl's story to be true, but notwithstanding that our law was such that in this class of crime where the girl herself was a' participant voluntarily there must be some corroboration of her story, and he did not think it would be safe for the jury to bring in any other verdict than that of not guilty. 'The girl might have a civil remedy and her parents might be able to sue for seduction and might call Mrs. Petersen, who would be bound to give evidence. If he was wrong 'the Court of Appeal would re-arrest defendant, and, if proper, would order a new trial. His Honor was very sorrj'j considering the circumstances, but as a judge he must carry out the law. The jury acted in accordance with the direction and found a verdict of not guilty. Mr. Neave will move for a new trial. "Nolle prosequi" was entered in the other charge.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19110522.2.43

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, Volume LIII, Issue 307, 22 May 1911, Page 5

Word count
Tapeke kupu
525

ALLEGED ILLEGAL OPERATION Taranaki Daily News, Volume LIII, Issue 307, 22 May 1911, Page 5

ALLEGED ILLEGAL OPERATION Taranaki Daily News, Volume LIII, Issue 307, 22 May 1911, Page 5

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