MERELY LOOKED ON.

Auckland Star, Volume L, Issue 190, 12 August 1919, Page 6

MERELY LOOKED ON.

UNDER SPIRITUAL INFLUENCE, GIRL WHO SAW A SUICIDE. ACQUITTED OF COiIFLICITY. The case against Pearl Burke, indicted of having aided and abetted in the suicide of Jessie West at Whangarei on June 2, came before the Supreme Oourt yesterday afternoon, when Mr. Justice Chapman made hie charge, to the Grand Jury on the legal aspect of the indictment. Ilia Honor traversed the facts as placed on the depositions (and publised yesterday), pointing out that the I young woman Mrs. Weat, though obvij ously in a morbid condition of mind in ' consequence of the circumstances surrounding her marriage and her tendency I towanUs spiritualistic seances, was api parcntly of considerable determination of character and strength of will. It appeared evident from the depositions th/U ' I'earl liurke was rather a weak-willed I young woman and was strongly influenced by the older woman. It further seemed that she stood by passively while I Jessie Went committed suicide, and there was evidence that she did po at the belie.st of Jeasie. West, who seemed to be the master mind. If it had been a man who had ritood passively by and watched a person deliberately commit suicide one would think strongly of hie conduct, but the circumstances here were different. The jury had to remember that the prisoner was charged with aiding and abettui» a crime; meant assisting in some way. however slight, and abetting meant giving eneouiugement. It the jury were satisfied that the prisoner had assisted or en'-ouraged the suicide it was their duty :o find that a prima facie cn.se had been established. If they were not quite satisfied that the pri soner assisted in the suicide, but had double, it would be better to let the case an to trial, but they had to be satisfied that the prisoner had done more than merely acted a passive part while under the influence of the other woman.

Thin morning the Grand Jury returned no bill in the case.

11 i-. Honor stated that he quite agreed with the finding of the jury. It seemed to him that the unfortunate woman who had committed suicide wan the loading mind, and that the part played by Pearl Burke was entirely a pn-nive one. On tiie other hand, it was a proner action on the part of the [K)]iee to have had the circumstances made the subject of a charge and for the magistrate to have committed the accused, so (hat the whole matter Tniplit be fully investigated and made clear.

Mr. A. Moody, on behalf of arcused, aske-d that ehe be formally discharged, and the request was granted.