ALLEGED CHILD MURDER

Auckland Star, Volume XXIX, Issue 254, 27 October 1898, Page 7

ALLEGED CHILD MURDER

ELIZABETH COOK -DISCHARGED,

THAMES, October 4.

Elizabeth Cooke Avas brought up on remand yesterday afternoon on a charge of the murder of her infant. Mr Bush held that the evidence Avas nofc sufficient to commit on, and discharged the accused.

Mr Bush, in giving judgment, said :— " I have carefully gone through the depositions and I see nothing there that would substantiate the charge of murder, and there is no evidence either of concealment of birth. There might be some slight evidence on the charge of manslaughter, but that is only from inference draAvn from the fact that" the birth of the child had taken place in the ti-tree, and also that the medical evidence went to slioav that the death of the child Avas caused through failure to tie the umbilical cord. The medical evidence went to show that had the event taken place in the house, under the same conditions, the result would have been ■ the same, and death would probably have taken place in the same space of time. It .vas also stated in the evidence that the young woman fainted, and the medical evidence stated that under those circumstances she Avould he incapable of rendering any assistance. In looking up cases of this kind, where death has resulted, I find tlie jury has to be satisfied that the accused had a wicked knowledge of Avhat was done —that is, some act of premeditation. There is nothing in the evidence in this case upon which a jury Avould be likely to come to that conclusion. Under the circumstances it seems to me this; is not a case that I' should send to a higher Court. The accused will be discharged."