FOUND GUILTY.

Auckland Star, Volume LXVIII, Issue 29, 4 February 1937, Page 11

FOUND GUILTY.

TRIAL OF WIDOW.

MERCY RECOMMENDED.

VIE OF AN INSTRUMENT.

During the eumming up by the judge and before the jury retired yesterday afternoon in the trial of Louisa Beuth, a widow, aged 60, charged with unlawfully using an instrument on a girl aged 14 years and 10 months, and aleo with aiding and abetting, Mr. R. A. Singer, counsel for the accused, raised the point as to whether the jury could find a verdict of guilty on the second charge, submitting that the issue was whether Mrs. Beuth had used the instrument or whether ehe had not. He submitted that the Crown's case was that the accused had used the instrument, and if that were so, then she could not aid and abet herself. Mr. Justice Fair gave the point raised some consideration, and at the end of his summing up directed the jury to find whether the accused had herself used the instrument or had aided in ite use. The jury retired, to return in a short time, finding "No" to the first question and "Yea" to the second. His Honor said that according to hie interpretation of the law the finding amounted to one of guilty and eaid that the jury was bound to jfind accordingly. The jury retired again, and later returned with a verdict of guilty with a recommendation to mercy. Mr. Singer then asked the Court to reserve for the Court of Appeal the questions of whether the second issue was one which could rightly be put before the jury, if there wae any evidence to warrant a finding on that issue, and also if it had been properly put to the jury in that they were not directed to find whether, in the commission of the offence, the accused had aided a pertton. His Honor said he would reserve the points raised. In the meantime, accused would be remanded in custody for sentence.