NO BILL IN MURDER CHARGE.

Taranaki Daily News, 18 August 1920, Page 3

NO BILL IN MURDER CHARGE.

I CASE IN THE SUPREME COURT. i ANOTHER CHARGE FAILS. A charge of murder against a young girl, Mary Oyston, was thrown out by the flrand Jury at the Supreme Court at New Plymouth yesterday, and the girl catered the dock to answer an alternative charge of concealment of birth, lit Hawera on July 0. The prosecution was conducted by Mr. C. H. Weston (Crown Prosecutor) and Mr. P. O'Dea appeared for the accused.

The prisoner is an attractive looking t;irl, and when she entered the dock she turned towards Mr. Justice Hosking with » look of appeal in her full, round Tace, and then she -bent, her head, in which stolid attitude she remained throughout, the trial. .She only glanced up once or twice —when the clock struck the hour, as if wearily marking her long day. On the prisoner's behalf, Mr. O'Dea entered a plea of not guilty. The following jury was empanelled: B. Frewin, J. D. Jenkins, R. L. Freethey, H. J. Barriball, A. Cowling, C. Hoskin, I£. Ansford, W. H. Carter, J. G. Abbott, A. B. Edgecombe, T. Murphy, A. Lee. Mr. Abbott was chosen foreman.

The story revealed by the prosecution was just the tragedy of a young girl's misfortune. Andrew Kean, curator of the trout hatcheries at Hawera, described how on July 28th he let the water out of Goodwin's pond, below Cameron Street, and on the following day he discorered a dead body of a baby wrapped in a piece of white cloth. Mr. O'Dea: If someone wanted to effectually dispose of a body ceuld not they do so by going a few hundred yards further along where there is a swamp? —There is a swamp there. There is also a rubbish heap near by which was a far better place to hule anything?—l wouldn't say it was better. '

Constable Mullen, of Hawera, described finding the body wrapped in two sheets. On one sheet .there was a name, but while the first part was indistinct, the latter jortion was composed of the letters (, s-h-a*w."

To Mr. o ! Dea: If the body was put on the lip of the dam it could be seen from the street.

Constable Andrews;, of Hawera, said the name on the sheet appeared to be "Ollernshaw."

Deta'lcd evidence was then given by police and other witnesses tracing certain circumstances which led to susp'cion being placed 011 the accused that she was the mother of the child, and when taxed with the charge the girl replied: "1 had \ baby. It was dead. I was alone. Voii know the rest." The girl then made another statement in which she described 'the father as "Sam .Rove, of Stratford." Evidence concerning the health of the accused at the tinrfc of the alleged incident was given by Ellen Ollerashaw, who employed the accused; While medical evidence ivas supplied l>v Dr. W. M. Thomson, of Hawera. In leply to Air. O'Dea the doctor said: "The girl might have thousht the child was horn dead."

.This concluded the case for the prosection, and Mr. Weston did not address the jury. Mr. O'Dea did not call any witnesses for the defence, but briefly addressed the jury. Mr. O'Dea quoted numerous authorities, and amongst other points, he asked the jury if they were satisfied that it was the girl who disposed of the body, or was it someone else? AY as it one of the two. women who knew of the matter? he asked. After his Honor had summed up. the jury retired at 3 p.m. At 3.30 p.m., the jury returned with a verdict of "not guilty,'' and the accused was discharged.